reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 107 - RULES RELATING TO HORIZONTAL PROPERTY REGIMES, CHAPTER 514A, HAWAII REVISED STATUTES › Subchapter 6 - REQUIREMENTS FOR REPLACEMENT RESERVES › Section 16-107-64 - Transitional rules for full replacement reserves for existing associations prior to January 1, 2000

Current through June, 2024
(a) Prior to
				January 1, 2000, an existing association shall collect at least fifty per cent
				of a full replacement reserve in its reserve account; and prior to the budget
				year beginning in 1997, an existing association shall collect at least
				twenty-five per cent of the amount which the association's replacement reserve
				study indicates will be a full replacement reserve for the association on
				January 1, 2000. Moreover, in the 1994 operating budget and in each succeeding
				annual operating budget prior to January 1, 2000, an existing association shall
				clearly disclose:
(1) The dollar amount which
				the association's reserve study indicates will be a full replacement reserve
				for the association on January 1, 2000; and
(2) How much of that amount the association
				intends to collect each budget year prior to January 1, 2000.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 107 - RULES RELATING TO HORIZONTAL PROPERTY REGIMES, CHAPTER 514A, HAWAII REVISED STATUTES › Subchapter 6 - REQUIREMENTS FOR REPLACEMENT RESERVES › Section 16-107-65 - Calculation of estimated replacement reserves; reserve study; good faith

Current through June, 2024
(a) A board of directors of an association
				shall calculate the association's estimated replacement reserves based on a
				reserve study developed in compliance with this section.
(b) The board shall compile a list of the
				association's assets. If the project's declaration and association's bylaws
				fail to clearly state whether a particular part of a condominium project is
				association property, the board may adopt a resolution allocating
				responsibility for that part to the association, an individual owner, or
				individual owners. The board's resolution shall be based on chapter
				514A, HRS, the project's declaration
				and the association's bylaws, and any other applicable legal requirements or
				documents. The resolution shall clearly indicate whether the part in question:
(1) Is an asset of the association;
(2) Is the responsibility of an individual
				owner or individual owners, but fewer than all owners; or
(3) Is partly an asset of the association and
				partly the responsibility of fewer than all owners, such as plumbing or
				electrical system.
The resolution shall state the basis of the board's decision
				  and shall be effective to determine responsibility for replacement reserves for
				  the part in question upon adoption and until changed by the board or by an
				  amendment to the declaration or bylaws.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 107 - RULES RELATING TO HORIZONTAL PROPERTY REGIMES, CHAPTER 514A, HAWAII REVISED STATUTES › Subchapter 6 - REQUIREMENTS FOR REPLACEMENT RESERVES › Section 16-107-66 - Fund accounting for each part of the association property; use of separate funds for other than stated purpose

Current through June, 2024
(a) An association
				shall establish at least one reserve account for its replacement reserves.
				Within the replacement reserve account, however, the association shall
				establish a separate designated fund or funds for each asset for which
				estimated capital expenditures or major maintenance will exceed $10,000.
				Replacement reserves for all assets for which estimated capital expenditures or
				major maintenance will not exceed $10,000 may be aggregated into a single
				designated fund in the replacement reserve account.
(b) For each of the separate, designated
				funds, the association's records for the replacement reserve account shall
				state:
(1) The purpose of each fund or the
				asset for which it is established; and
(2) The amount of the replacement reserves
				allocated to each fund; provided, the association need not comply with
				paragraph (1) for the single, aggregated fund. Instead, the replacement reserve
				account records may state the purpose of the fund as "miscellaneous," or a
				similar term, and indicate the amount in the aggregated fund. Regardless,
				elsewhere in its records the association shall list the assets for which the
				aggregated fund is established.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 107 - RULES RELATING TO HORIZONTAL PROPERTY REGIMES, CHAPTER 514A, HAWAII REVISED STATUTES › Subchapter 6 - REQUIREMENTS FOR REPLACEMENT RESERVES › Section 16-107-67 - Emergencies and emergency situations

Current through June, 2024
(a) An association
				whose replacement reserves and contingency reserves have been substantially
				depleted by an emergency shall have three budget years to re-establish a
				minimum of fifty per cent of a full replacement reserve. The three years shall
				be calculated from the end of the budget year in which the association makes
				the payment which substantially depletes the association's replacement
				reserve.
(b) The board shall have
				the discretion to assess the owners in monthly, quarterly, or yearly
				installments to re-establish a minimum of fifty per cent of a full replacement
				reserve.
(c) In an emergency
				situation subject to section
				514A-83.6(f),
				HRS, the board shall calculate the twenty per cent limit of that section based
				on the association's total annual operating budget for the budget year when the
				expense will occur. The board must notify the owners if an expense required
				because of an emergency situation will exceed the twenty per cent limit, but
				the board need not obtain owner approval for the expense. Prior to January 1,
				2000, the board of an existing association shall not be subject to the twenty
				per cent limit.
(d) Section
				514A-83.6(f),
				HRS, shall only limit a board's right to exceed its annual operating budget
				during the budget year to which the operating budget relates. The section shall
				not limit the board's right to increase an annual operating budget by more than
				twenty per cent over the annual operating budget of the previous
				year.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 107 - RULES RELATING TO HORIZONTAL PROPERTY REGIMES, CHAPTER 514A, HAWAII REVISED STATUTES › Subchapter 6 - REQUIREMENTS FOR REPLACEMENT RESERVES › Section 16-107-68 - Contingency reserves

Current through June, 2024
Nothing in this subchapter shall prohibit the establishment
				  of a contingency reserve in compliance with this section. Unless a project's
				  declaration or an association's bylaws provide otherwise, the board of
				  directors may establish a contingency reserve in an amount the board considers
				  appropriate, based on: the age of the project; its maintenance history; plans
				  for additions or improvements to the project; or any other factors the board
				  deems relevant. The contingency reserve shall be subject to all the
				  requirements relating to reserves except the requirements of sections
				  16-107-63,
				  16-107-64,
				  16-107-65,
				  16-107-66(c) and
				  (d),
				  16-107-67, and
				  16-107-69.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 107 - RULES RELATING TO HORIZONTAL PROPERTY REGIMES, CHAPTER 514A, HAWAII REVISED STATUTES › Subchapter 6 - REQUIREMENTS FOR REPLACEMENT RESERVES › Section 16-107-69 - Conflict of chapter 514A, HRS, and this subchapter with association declaration or bylaw requirements

Current through June, 2024
(a) Chapter
				514A, HRS, and this subchapter shall
				override any contrary provisions in a project's declaration or an association's
				bylaws, or any other applicable documents regarding: preparation of budgets,
				calculation of reserve requirements, and assessment and funding of reserves.
				Except as stated in subsection (b), limits on spending or assessments shall not
				restrict the board's right to spend or assess for items required by the
				association's reserve study.
(b)
				Chapter
				514A, HRS, and this subchapter shall
				not override any contrary provisions in a project's declaration, an
				association's bylaws or other applicable documents:
(1) Requiring the board to collect more than
				the association's statutory replacement reserves;
(2) Restricting a board's right to assess or
				spend to upgrade the common elements for such things as additions, alterations,
				or improvements; or
(3) Requiring a
				board to repair or maintain assets more frequently than the law, this
				subchapter, or the association's replacement reserve study requires.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 107 - RULES RELATING TO HORIZONTAL PROPERTY REGIMES, CHAPTER 514A, HAWAII REVISED STATUTES › Subchapter 6 - REQUIREMENTS FOR REPLACEMENT RESERVES › Section 16-107-70 - Reserve funds non-transferable

Current through June, 2024
Replacement reserve and contingency reserve funds which an
				  association collects from apartment owners become the property of the
				  association. An owner who sells an apartment shall have no right to
				  reimbursement of the replacement reserve and contingency reserve funds from
				  either the purchaser of the apartment or the association. The replacement
				  reserve and contingency reserve funds shall not be conveyed or transferred
				  separately from the apartment to which they relate. Instead, they shall be
				  deemed conveyed or transferred with the apartment, even though they are not
				  specifically mentioned in any conveyance, assignment, or transfer of the
				  apartment.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 107 - RULES RELATING TO HORIZONTAL PROPERTY REGIMES, CHAPTER 514A, HAWAII REVISED STATUTES › Subchapter 6 - REQUIREMENTS FOR REPLACEMENT RESERVES › Section 16-107-71 - Exempt association property; disclosure; transition to association property

Current through June, 2024
(a) The
				association's reserve study shall clearly disclose all assets for which funds
				are not included in the replacement reserve study because they are exempt
				association property. The reserve study shall also contain a brief explanation
				of why those assets are determined to be exempt association property.
(b) An asset which is deemed to be exempt
				association property because its estimated remaining life is more than twenty
				years shall become association property on the date its estimated remaining
				life becomes less than twenty years, referred to in this subsection as the
				transition date. The asset shall be included in the association's reserve study
				for the first budget year after the transition date. In calculating a full
				replacement reserve for the asset after the transition date, the association
				may disregard the asset's actual age. Instead, the association may assume that
				at the beginning of the first budget year after the transition date, the
				asset's estimated age is zero and its estimated useful life is the same as its
				estimated remaining life.
Example:
An existing asset has an estimated useful life of fifty
				  years, becomes thirty years old on January 1, 2010, has an estimated remaining
				  life of twenty years, and an estimated replacement cost of $100,000. Under the
				  standard method of calculation, a full replacement reserve on December 31,
				  2010, for that asset would be $62,000 ($100,000 x 31/50). If an association had
				  not already established a replacement reserve for that asset, the full
				  replacement reserve contribution by December 31, 2010, would be $62,000 (or
				  fifty per cent of that amount - $31,000 - for the minimum replacement reserve).
				  If the association adopts the method of calculation permitted by subsection
				  (b), the full replacement reserve contribution required by December 31, 2010,
				  for the same asset would be only $5,000 ($100,000 x 1/20), or fifty per cent of
				  that amount - $2,500 - for the minimum replacement reserve, although subsequent
				  annual contributions will be higher than in the first example. In effect, the
				  asset is deemed to be only one year old, not thirty-one years old on December
				  31, 2010.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 107 - RULES RELATING TO HORIZONTAL PROPERTY REGIMES, CHAPTER 514A, HAWAII REVISED STATUTES › Subchapter 6 - REQUIREMENTS FOR REPLACEMENT RESERVES › Section 16-107-73 - Leasing of association property

Current through June, 2024
An association board may lease rather than buy property to
				  repair or replace any association property. Property which meets the definition
				  of association property shall be deemed an asset of the association and must be
				  included in the association's reserve study, regardless of whether the
				  association owns or leases the property.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 107 - RULES RELATING TO HORIZONTAL PROPERTY REGIMES, CHAPTER 514A, HAWAII REVISED STATUTES › Subchapter 6 - REQUIREMENTS FOR REPLACEMENT RESERVES › Section 16-107-74 - Distribution of budgets and reserve studies

Current through June, 2024
An association board shall distribute the annual operating
				  budget required by section
				  514A-83.6(a),
				  HRS, at least thirty days before the date of the association's annual
				  meeting.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 107 - RULES RELATING TO HORIZONTAL PROPERTY REGIMES, CHAPTER 514A, HAWAII REVISED STATUTES › Subchapter 6 - REQUIREMENTS FOR REPLACEMENT RESERVES › Section 16-107-75 - Enforcement

Current through June, 2024
If an association board fails to prepare an annual operating
				  budget or replacement reserve study in compliance with the requirements of
				  section
				  514A-83.6,
				  HRS, or this subchapter, an association member may enforce those requirements.
				  The association member may collect the costs of enforcement in compliance with
				  the procedures provided in section
				  514A-94,
				  HRS, including fees and costs incurred by the owner. If an arbitrator or judge
				  determines that a board or board member has breached a fiduciary duty by
				  intentionally ignoring the requirements of section
				  514A-83.6,
				  HRS, or this subchapter, the judge or arbitrator may award the owner's fees and
				  costs of enforcement against the board or board members, rather than against
				  the association.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 108 - COMMERCIAL EMPLOYMENT AGENCIES › Subchapter 1 - GENERAL PROVISIONS › Section 16-108-1 - Objective

Current through June, 2024
This chapter is intended to clarify and implement chapter
				  373, Hawaii Revised Statutes, to the end that the provisions thereunder may be
				  best effectuated.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 108 - COMMERCIAL EMPLOYMENT AGENCIES › Subchapter 1 - GENERAL PROVISIONS › Section 16-108-2 - Definitions

Current through June, 2024
As used in this chapter or in chapter 373, HRS:
"Bona fide job order" means a single written or oral request
				  from an employer for referral of one or more applicants to fill one or more
				  existing or anticipated job openings.
"Department" means the department of commerce and consumer
				  affairs.
"Employer paid fee" or "employer fee paid" means the total
				  placement fee that is paid or promised to be paid by an employer to the
				  employment agency without any limiting conditions or qualifications.
"Employer paid fee agency" means an employment agency that
				  refers applicants to employer paid fee jobs only.
"Employment agency" as defined in section
				  373-1, HRS, shall not
				  include any individual, partnership, corporation, or association engaged in a
				  labor contracting service or business where a person is hired as an employee of
				  the labor contracting service or business and is directed by the service or
				  business to work at various job sites.
"Permanent employment" means employment lasting more than
				  ninety calendar days.
"Placement fee" means any money or other valuable
				  consideration charged or paid for providing employment information, procuring
				  employment for applicants, procuring employees for placement with employers
				  upon request, or any other service except resume writing performed by an
				  employment agency.
Interest on over due payments and general excise tax charges
				  are not considered placement fees.
"Temporary employment" means employment lasting ninety
				  calendar days or less.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 108 - COMMERCIAL EMPLOYMENT AGENCIES › Subchapter 2 - FEES › Section 16-108-3 - Fees

Current through June, 2024
(a) Every application for an employment
				agency or principal agent license, employment consultant examination, renewal
				of a license, or restoration of a license shall be accompanied by the
				appropriate fees as provided in chapter 16-52 by the director.
(b) License and examination fees shall not be
				refundable.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 108 - COMMERCIAL EMPLOYMENT AGENCIES › Subchapter 3 - APPLICATIONS; EXAMINATION › Section 16-108-5 - Application for license

Current through June, 2024
(a) Each
				application for an employment agency or branch office license shall be made on
				a form prescribed by the director and shall contain the following information:
(1) The business name of the employment
				agency, which may not be identical or similar to that of another employment
				agency;
(2) The place or places of
				business and the main office address in Hawaii; and
(3) The name of any required principal
				agent.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 108 - COMMERCIAL EMPLOYMENT AGENCIES › Subchapter 3 - APPLICATIONS; EXAMINATION › Section 16-108-6 - Certified employment consultant examination

Current through June, 2024
(a)
				Examinations shall be given at least four times per year by a professional
				testing agency.
(b) The passing
				score of the examination shall be seventy per cent.
(c) An examination shall not be required when
				the applicant has previously passed the written examination within a period of
				four years prior to the application or when the application is made within four
				years from the date of forfeiture of the license.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 108 - COMMERCIAL EMPLOYMENT AGENCIES › Subchapter 4 - STATUTORY SURETY BOND › Section 16-108-7 - Amount of bond

Current through June, 2024
Each employment agency shall obtain and maintain in force a
				  statutory surety bond with the director in the penal sum of $5000 that has been
				  issued by a surety company admitted to conduct business in this state and as
				  provided under section
				  373-4, HRS. The surety bond
				  shall specifically provide that the surety shall be held liable for any
				  violation by the licensee of chapter 373, HRS, as amended, and this
				  chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 108 - COMMERCIAL EMPLOYMENT AGENCIES › Subchapter 5 - RENEWAL APPLICATIONS; FORFEITURE › Section 16-108-8 - Renewal applications

Current through June, 2024
(a) All licensees
				shall complete and file with the director a renewal application with the
				required fees by June 30 of each even-numbered year. If mailed, the postmark
				will be considered the date of filing. If a complete renewal application is not
				filed on or before June 30 of the even-numbered year, the license shall be
				automatically forfeited as of June 30 of that even-numbered year.
(b) The director or the director's authorized
				representative may refuse to renew the license if the agency does not maintain
				a bond in full force and effect, or if the agency does not have in its employ,
				a principal agent holding a current and active license.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 108 - COMMERCIAL EMPLOYMENT AGENCIES › Subchapter 5 - RENEWAL APPLICATIONS; FORFEITURE › Section 16-108-8.1 - Forfeiture

Current through June, 2024
Any license to conduct an employment agency business may be
				  forfeited if the licensee fails to timely renew the license, allows the bond to
				  expire or be cancelled, or fails to employ a required principal agent holding a
				  current license.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 108 - COMMERCIAL EMPLOYMENT AGENCIES › Subchapter 5 - RENEWAL APPLICATIONS; FORFEITURE › Section 16-108-8.2 - Restoration

Current through June, 2024
A forfeited license may be restored within one year of the
				  forfeiture upon filing of an application, the surety bond, and submittal of all
				  fees, including restoration fees.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 108 - COMMERCIAL EMPLOYMENT AGENCIES › Subchapter 6 - APPLICATION CHANGES › Section 16-108-9 - Report of changes

Current through June, 2024
Each employment agency or principal agent shall notify the
				  director in writing of any change of the information provided on the
				  application or any subsequent information provided to the director within
				  thirty days of the change.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 108 - COMMERCIAL EMPLOYMENT AGENCIES › Subchapter 7 - PLACE OF BUSINESS › Section 16-108-10 - Suitability of premises

Current through June, 2024
(a) Where the
				application is for a license to operate an employment agency in a place used
				for the conduct of another business or in rooms or quarters used for living
				purposes, the director may refuse to grant such license, if such refusal would
				be in the public interest.
(b)
				Illustrative but not limited to the following are the types of premises which
				may be considered not in the public interest:
(1) Where intoxicating liquors are sold or
				consumed; or
(2) In connection with
				a pool hall; or
(3) In an eating
				establishment; or
(4) In a private
				residence; or
(5) In connection
				with a loan company or collection agency.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 108 - COMMERCIAL EMPLOYMENT AGENCIES › Subchapter 8 - ADVERTISING › Section 16-108-12 - Records

Current through June, 2024
Each employment agency shall maintain a record of all
				  newspaper or other printed advertisements initiated by the agency for at least
				  two years. The record shall show the date and publication in which the
				  advertisement appeared and the job order number of each job
				  advertised.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 108 - COMMERCIAL EMPLOYMENT AGENCIES › Subchapter 8 - ADVERTISING › Section 16-108-13 - Restrictions

Current through June, 2024
(a) Advertisements shall not contain both
				employer paid fee job openings and other job openings which are not employer
				paid fee jobs in the same listing. "Employer Paid Fee" jobs shall be listed
				separately from jobs designated as "Applicant Pays Fee" jobs.
(b) Advertisements shall not include any jobs
				as "Fee Paid", "Employer Paid Fee" or other statements when payment of the fee
				is based on meeting certain conditions such as an applicant remaining on the
				job for a specified period of time.
(c) Advertisements with "100% Free" or "All
				Free" or similar wording as headings are prohibited unless the agency is an
				employer paid fee agency and exclusively handling fee paid jobs.
(d) No salary amount shall appear in an
				advertisement except one which appears in the actual job order from the
				employer. If the top salary range is to appear in an advertisement, it must be
				preceded by the word "to".
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 108 - COMMERCIAL EMPLOYMENT AGENCIES › Subchapter 9 - APPROVAL OF CONTRACTS OR DOCUMENTS › Section 16-108-14 - Submittal of forms

Current through June, 2024
(a) Each employment agency shall submit two
				copies of its contract with an applicant to the director, and approval shall be
				indicated by an endorsement thereon by the director or the director's
				authorized representative. One copy shall be returned to the employment agency
				to be kept as part of its record. Approval shall not be withheld unless such
				proposed instrument, contract, or document is vague, misrepresentative, unfair,
				oppressive, or contains provisions which violate a law or does not satisfy the
				requirements for contract form and content under section 16-108-16.
(b) Employer paid fee agencies in which
				employers promise to pay fees without any limiting conditions or qualifications
				shall so inform the director and shall not collect any registration or
				placement fees from any applicant.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 108 - COMMERCIAL EMPLOYMENT AGENCIES › Subchapter 9 - APPROVAL OF CONTRACTS OR DOCUMENTS › Section 16-108-15 - Form approval

Current through June, 2024
No document or contract form which an employment agency
				  shall require an applicant or the applicant's legal representative to execute
				  or become a party to shall be used unless the form and contents thereof have
				  been approved by the director or the director's authorized
				  representative.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 108 - COMMERCIAL EMPLOYMENT AGENCIES › Subchapter 9 - APPROVAL OF CONTRACTS OR DOCUMENTS › Section 16-108-16 - Contract form and content

Current through June, 2024
(a) Any contract
				between an applicant and the employment agency shall be in writing and shall
				contain statements of the following matters and requirements:
(1) In bold print enclosed within a
				conspicuous border the gross amount of the estimated fee charged and the time
				period on which the fee is based;
(2) A statement indicating that the fees
				charged are in accordance with the fees filed with the department and that a
				listing of the fees charged to applicants by all commercial employment agencies
				licensed in the State is available for public inspection;
(3) A prominently displayed statement that no
				fee shall be paid until the job applicant obtains employment and receives the
				first paycheck, provided that this shall not apply to employer fee paid
				placements;
(4) The name and
				license number of the commercial employment agency;
(5) A statement that the applicant has the
				right to have the agency produce for review a copy of the law and rules
				regulating the practices of commercial employment agencies;
(6) A statement that the agency shall be
				entitled to charge and collect a placement fee from the applicant if the
				applicant accepts within ninety calendar days from the date of referral the
				position for which the applicant was referred by the employment agency or the
				applicant accepts any position other than that for which the applicant was
				referred by the agency to that employer within thirty calendar days of the
				referral;
(7) A statement that
				refunds shall be made promptly by the employment agency but no later than ten
				working days from the date the request was made, and that the refund shall be
				mailed if it is so requested; and
(8) A statement that no registration fee or
				advance payment for services to be rendered in finding employment will be
				charged or collected.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 108 - COMMERCIAL EMPLOYMENT AGENCIES › Subchapter 10 - RECORDS › Section 16-108-17 - Job order record

Current through June, 2024
Each employment agency shall keep a complete record in the
				  English language of all job orders received from prospective employers. This
				  record, which shall be called the "Job Order Record", shall contain the
				  following: date when the job order was received; name and address of the
				  employer seeking the services of an employee; name of the person placing the
				  job order; type of job offered; occupational qualifications; salary or rate of
				  pay if known; person whom the job applicant is to report to for the position;
				  probable duration of the job; the job order number; and names of applicants
				  referred to the job.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 108 - COMMERCIAL EMPLOYMENT AGENCIES › Subchapter 10 - RECORDS › Section 16-108-18 - Applicant's record

Current through June, 2024
Each employment agency shall also keep a complete record in
				  the English language of each applicant to whom employment is offered or
				  promised and of each referral by the employment agency to secure a job or for
				  an interview for a job. This record which shall be called the "Applicant's
				  Record", shall contain the following: full name of the applicant; date when the
				  applicant was referred for an interview in response to a job order; name of the
				  prospective employer; job order number; and results of the
				  referral.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 108 - COMMERCIAL EMPLOYMENT AGENCIES › Subchapter 10 - RECORDS › Section 16-108-19 - Fee transaction record

Current through June, 2024
Each employment agency shall issue a receipt to the
				  applicant or the payer for any fee collected which shall contain the following
				  information: receipt number consecutively stated; date of each transaction;
				  total gross amount of the applicant's actual earnings on which the fee is
				  based; name of the applicant; name of the person making the remittance; amount
				  paid; and a designation indicating whether the amount paid is in full or on
				  account and, if so, the balance due. This receipt shall also be used for
				  payment of any refund to the applicant or payer and shall include the date,
				  amount, and to whom refunded. Each employment agency shall keep a record of all
				  receipts. This record shall be called the "Fee Transaction
				  Record".
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 108 - COMMERCIAL EMPLOYMENT AGENCIES › Subchapter 10 - RECORDS › Section 16-108-20 - Investigation record

Current through June, 2024
Each employment agency shall keep a record of any and all
				  investigations of the nature of the employment or engagement and the duties
				  thereof and reputation of the employer which the agency is required to make
				  under the provisions of section
				  373-11,
				  HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 108 - COMMERCIAL EMPLOYMENT AGENCIES › Subchapter 11 - REQUIREMENTS TO MAINTAIN LICENSE › Section 16-108-21 - Requirements to maintain license

Current through June, 2024
(a) In addition to
				the requirements to maintain a bond pursuant to section
				373-13.5,
				HRS, employment agencies shall have in their employ a principal agent holding a
				current and active license.
(b)
				Failure to employ a required principal agent holding a current and active
				license shall cause the automatic suspension of the employment agency's license
				as of the date the principal agent is no longer employed.
(c) Failure to reinstate the suspended
				license by employment of another principal agent within sixty days of the
				suspension shall cause the automatic forfeiture of the employment agency's
				license.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 108 - COMMERCIAL EMPLOYMENT AGENCIES › Subchapter 12 - PLACEMENT FEES › Section 16-108-22 - Filing requirements; placement fee schedule

Current through June, 2024
(a) Each
				employment agency shall file with the director a schedule, which may not be
				changed more than once during each calendar year, of its placement fees to be
				charged applicants.
(b) Placement
				fee schedules shall be filed by January 31 of each calendar year.
(c) Agencies who fail to file their placement
				fees by January 31 shall not be allowed to amend its placement fees until
				January 31 of the following year.
(d) Agencies may not charge or collect
				placement fee until the fees are approved by the director or the director's
				authorized representative.
(e)
				Agencies who have filed as an employer paid agency need not submit annual fee
				schedules unless the agency elects to charge or collect placement fees from
				applicants.
(f) The director or the
				director's authorized representative shall compile a listing of the fees
				charged by all commercial employment agents and shall make the list available
				to the general public.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 108 - COMMERCIAL EMPLOYMENT AGENCIES › Subchapter 12 - PLACEMENT FEES › Section 16-108-23 - Content requirements

Current through June, 2024
(a) The schedule of
				placement fees shall include a statement that the agency shall be entitled to
				charge and collect a placement fee from the applicant provided that the
				applicant accepts within ninety calendar days from the date of referral the
				position for which the applicant was referred or the applicant accepts any
				position, other than that for which the applicant was referred, with the
				employer within thirty days of the referral.
(b) The schedule of placement fees shall
				include a statement that refunds shall be made promptly by the employment
				agency but no later than ten working days from the date the request is made by
				the person who has paid the fee and, further, that the refund shall be mailed
				to the person if it is so requested.
(c) An employer paid fee agency shall submit
				a fee schedule which states: "All fees paid by employers without any conditions
				or qualifications."
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 108 - COMMERCIAL EMPLOYMENT AGENCIES › Subchapter 12 - PLACEMENT FEES › Section 16-108-24 - Size and posting requirements

Current through June, 2024
The schedule of placement fees shall be printed or lettered
				  in a size not less than eighteen printing points and the printing or lettering
				  shall be in a legible style with adequate separation between lines. The
				  effective date shall appear on all copies of the schedule and a copy of the
				  approved fee schedule shall be posted in a conspicuous place within each agency
				  including branch offices.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 108 - COMMERCIAL EMPLOYMENT AGENCIES › Subchapter 12 - PLACEMENT FEES › Section 16-108-25 - Effective date

Current through June, 2024
The schedule, or change of schedule shall become effective
				  upon approval of the director or the director's authorized representative
				  provided that the director or the director's authorized representative shall
				  approve or disapprove within sixty days after the schedule, or change of
				  schedule, is filed.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 108 - COMMERCIAL EMPLOYMENT AGENCIES › Subchapter 13 - PROHIBITED PRACTICES › Section 16-108-26 - Prohibited practices

Current through June, 2024
(a) No employment
				agency shall charge or collect any registration fee or advance payment for
				providing employment information, procuring employment for applicants, or
				procuring employees for placement with employers, or any fee which is greater
				than the applicable fee listed in its schedule of placement fees unless of
				benefit to and agreed upon, by full signature, in writing by the
				applicant.
(b) No employment agency
				shall charge or collect from an applicant a fee for placement within the
				employment agency.
(c) No
				employment agency shall charge or collect from an applicant any fee when
				placement is made with an employer, an agent, spouse, or person who has a
				financial interest in the employment agency.
(d) No employment agency shall charge or
				collect from an applicant any fee or portion of a fee in an "Employer Paid Fee"
				placement.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 108 - COMMERCIAL EMPLOYMENT AGENCIES › Subchapter 14 - RESTRICTIONS › Section 16-108-27 - Sale of contracts

Current through June, 2024
No employment agency shall sell any employment contract of
				  an applicant to a finance company or other purchaser until after the temporary
				  employment shall have run or permanent employment shall have been
				  established.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 108 - COMMERCIAL EMPLOYMENT AGENCIES › Subchapter 15 - SUSPENSION OR REVOCATION OF LICENSE › Section 16-108-28 - Cause for suspension or revocation

Current through June, 2024
The director may suspend or revoke the license of an
				  employment agency for willful violation of the provisions of chapter 373, HRS,
				  or any rules promulgated pursuant thereto, after a hearing conducted pursuant
				  to chapter
				  91, HRS, and the uniform rules of
				  administrative procedure of the department of commerce and consumer
				  affairs.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 108 - COMMERCIAL EMPLOYMENT AGENCIES › Subchapter 16 - ADMINISTRATIVE PROCEDURES › Section 16-108-35 - Administrative practice and procedure

Current through June, 2024
The rules of practice and procedure for commercial
				  employment agencies shall be as provided in chapter 16-201, the rules of
				  practice and procedure of the department of commerce and consumer affairs which
				  are incorporated by reference and made a part of this
				  chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 110 - PHYSICAL THERAPY › Subchapter 1 - GENERAL PROVISIONS › Section 16-110-1 - Objective

Current through June, 2024
The objective of this chapter is to establish licensing
				  requirements for physical therapists in the interest of safeguarding life and
				  health.
The amended
				  version of this Section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, February,
				  eff.2/28/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 110 - PHYSICAL THERAPY › Subchapter 1 - GENERAL PROVISIONS › Section 16-110-3 - When referrals required

Current through June, 2024
A licensed physical therapist may perform an evaluation of
				  any person without a referral. A physical therapist may treat a patient with or
				  without a referral unless the physical therapist has reasonable cause to
				  believe that the patient has a symptom or condition that is either beyond the
				  physical therapist's scope of practice, or for which physical therapy is
				  contraindicated, in which case the physical therapist shall refer that patient
				  to an appropriate healthcare provider.
The amended
				  version of this Section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, February,
				  eff.2/28/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 110 - PHYSICAL THERAPY › Subchapter 1 - GENERAL PROVISIONS › Section 16-110-4 - Duties and minimum standards of a supervising physical therapist

Current through June, 2024
(a) A physical therapist shall supervise all
				physical therapy care provided by support or auxiliary personnel.
(b) A supervising physical therapist shall be
				responsible for managing all aspects of the physical therapy care of each
				patient. A licensed physical therapist shall utilize only the assistance of
				support or auxiliary personnel in the practice of physical therapy. A
				supervising physical therapist shall provide:
(1) An interpretation of referrals when
				available;
(2) An initial physical
				therapy examination, evaluation, diagnosis and prognosis of the
				patient;
(3) The development or
				implementation of a plan of care based on the initial physical therapy
				examination or physical therapy re-examination, and which includes the physical
				therapy goals and anticipated outcomes;
(4) A determination of the components and the
				intervention that shall be provided by a physical therapist and the components
				that may be delegated to support or auxiliary personnel;
(5) Direct one-on-one re-examination of the
				patient and revision of the plan of care when indicated;
(6) The establishment of the discharge plan
				and documentation of the patient's discharge status;
(7) Oversight of all services rendered to
				each patient, including the applicable documentation in accordance with APTA
				guidelines and;
(8)
				Telecommunications accessibility at all times when the supervising physical
				therapist is not on site and the ability to be on site within two hours if the
				supervising physical therapist's physical presence is needed.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 110 - PHYSICAL THERAPY › Subchapter 1 - GENERAL PROVISIONS › Section 16-110-5 - Duties of support or auxiliary personnel

Current through June, 2024
Support or auxiliary personnel may perform the following
				  treatment or intervention components that they are qualified to perform and as
				  delegated by the supervising physical therapist:
(1) A physical therapist assistant, a
				temporary physical therapist licensee and physical therapy student may perform:
(A) Coordination, communication, and
				documentation;
(B) Patient-related
				instruction;
(C) Procedural
				interactions including but not limited to:
(i)
				Therapeutic exercise;
(ii)
				Functional training in self-care and home management, including activities of
				daily living and instrumental activities of daily living;
(iii) Functional training in work, including
				school and play, community and leisure integration or reintegration, including
				instrumental activities of daily living, work hardening, and work
				conditioning;
(iv) Prescription,
				application, and, as appropriate, fabrication of devices, and assistive,
				adaptive, orthotic, protective, supportive, and prosthetic equipment;
(v) Airway clearance techniques;
(vi) Integumentary repair and protection
				techniques;
(vii)
				Electrotherapeutic modalities;
(viii) Physical agents; and
(ix) Mechanical modalities;
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 110 - PHYSICAL THERAPY › Subchapter 1 - GENERAL PROVISIONS › Section 16-110-6 - Identification of personnel

Current through June, 2024
(a) A licensed
				physical therapist shall wear a conspicuously placed name tag stating, at a
				minimum, the person's name and the title "physical therapist" or
				"PT".
(b) The supervising physical
				therapist shall ensure that all support or auxiliary personnel wear a
				conspicuously placed name tag identifying the individual's name and
				professional designation at the time of care.
The amended
				  version of this Section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, February,
				  eff.2/28/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 110 - PHYSICAL THERAPY › Subchapter 2 - APPLICATIONS › Section 16-110-10 - Application for licensure

Current through June, 2024
(a) All applicants
				for licensure shall apply on a form or forms prescribed by the board.
(b) The proper documentation and fee shall
				accompany the application forms.
(c) It shall be the applicant's
				responsibility to submit all evidence of qualifications, including the passage
				of any required licensure examination and payment of any applicable fee, within
				one year of the application date.
(d) If a license is not issued within one
				year of the application date as a result of the applicant's failure to complete
				licensure requirements, take the required licensure examination, if required,
				or to submit the required documentation and evidence of qualifications, the
				applicant shall submit a new application form, documentation of qualifications,
				and applicable fees in addition to meeting licensure requirements that are in
				effect at the time of filing the new application.
The amended
				  version of this Section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, February,
				  eff.2/28/2015 is not yet
				  available.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 110 - PHYSICAL THERAPY › Subchapter 3 - PERMANENT LICENSE › Section 16-110-20 - Requirements for permanent physical therapist license

Current through June, 2024
(a)
				A person seeking a permanent license to practice as a physical therapist in the
				State shall submit an application for the license on forms provided by the
				board.
(b) An applicant for
				licensure shall provide the board with:
(1) A
				certified transcript indicating graduation from a physical therapy education
				program from a school or college accredited by CAPTE; or
(2) In the case of a person who is a graduate
				of a school or college of physical therapy located outside the United States
				that is not accredited by CAPTE, a certified credentials evaluation indicating
				successful completion of a program or programs, including education and
				training, equivalent to programs in the United States accredited pursuant to
				paragraph (1). That evaluation shall be prepared within one year from the date
				of the application's submission and shall be performed by a credentials
				evaluation agency approved by the board. Additionally the applicant shall take
				and pass one of the following English language proficiency tests if the school
				or college is in a country, state, or province where the official language is
				other than English:
(A) The Test of English
				as a Foreign Language (TOEFL) with a score of not less than 560 for a
				paper-based examination, a score of 213 for a computer based examination, or
				the passing score for each exam as recommended by the FSBPT; the Test of
				Written English with a score of not less than 4.5 or the passing score as
				recommended by the FSBPT; and the Test of Spoken English with a score of not
				less than 50 or the passing score as recommended by the FSBPT; or
(B) The TOEFL ibt exam with a passing score
				as recommended by the FSBPT.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 110 - PHYSICAL THERAPY › Subchapter 4 - REPEALED › Section 16-110-30 - Repealed

Current through June, 2024
The amended
				  version of this Section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2015-01, February,
				  eff.2/28/2015 is not yet
				  available.