reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 7 - PUBLIC REVIEW OF RECORDS › Section 16-75-49 - Location of records

Current through June, 2024
The following types of records shall be available for public
				  review at the department's office of the cemetery and mortuary program:
(1) Trust agreement filed by the licensee;
				and
(2) Audited financial statement
				filed by the licensee; and
(3)
				Actuarial report filed by the licensee.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 7 - PUBLIC REVIEW OF RECORDS › Section 16-75-50 - Hours of inspection

Current through June, 2024
Requests for records may be made and records may be reviewed
				  during regular working hours on each business day the office is open to the
				  public.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 7 - PUBLIC REVIEW OF RECORDS › Section 16-75-51 - To whom and where request made

Current through June, 2024
The request for a particular record shall be made to the
				  designee of the office in which the record is located who shall be the records
				  access officer for the office.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 7 - PUBLIC REVIEW OF RECORDS › Section 16-75-52 - Form of request and identification

Current through June, 2024
Where original or official records are requested to be
				  reviewed, the name and address, together with appropriate proof of identity
				  shall be requested of the applicant.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 7 - PUBLIC REVIEW OF RECORDS › Section 16-75-53 - Number of records permitted

Current through June, 2024
It shall be discretionary with the director or the records
				  access officer as to the number of records an applicant may request and receive
				  for review at any one time.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 7 - PUBLIC REVIEW OF RECORDS › Section 16-75-54 - Use of pens prohibited

Current through June, 2024
The use of pens shall be prohibited when reviewing records.
				  No marks of any kind shall be made on any record provided.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 7 - PUBLIC REVIEW OF RECORDS › Section 16-75-55 - No opinion to be rendered

Current through June, 2024
No opinion or similar statement shall be offered or rendered
				  by the records access officer or employee of the office with reference to the
				  interpretation of the records.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 7 - PUBLIC REVIEW OF RECORDS › Section 16-75-56 - Temporary unavailability of records

Current through June, 2024
Where a record is in use, or has not been filed by a
				  licensee pursuant to section
				  16-75-34 or section
				  16-75-35, the applicant shall be
				  so notified and shall be afforded the opportunity to review the record once it
				  is returned, or to review the written application and any alternative report
				  filed by the licensee with respect to compliance with section
				  16-75-34 or section
				  16-75-35.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 8 - PRACTICE AND PROCEDURE › Section 16-75-60 - Administrative practice and procedure

Current through June, 2024
The rules of practice and procedure for cemetery and
				  pre-need funeral authorities shall be as provided in chapter 16-201, the rules
				  of practice and procedure of the deparment 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 75 - CEMETERIES AND FUNERAL TRUSTS › Subchapter 9 - PENALTY › Section 16-75-64 - Penalty

Current through June, 2024
In addition to the penalties otherwise provided by law, any
				  licensee who violates, or fails to comply with any of the provisions of this
				  chapter shall be subject to:
(1) A
				fine of not more than $1000 for each violation;
(2) Surrender of license;
(3) Revocation of license;
(4) Suspension of the right to use the
				license;
(5) Refusal of right of
				licensee to use the license;
(6)
				Refuse to renew any license; and
(7) Any of the penalties enumerated in
				chapter
				441, HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 76 - CHIROPRACTORS › Subchapter 1 - GENERAL PROVISIONS › Section 16-76-2 - Objective

Current through June, 2024
This chapter, adopted by the board of chiropractic
				  examiners, hereafter referred to as "board," is intended to clarify chapter
				  442, Hawaii Revised Statutes, and to implement the administration thereof to
				  the end that chapter
				  442, HRS, may be best effectuated and
				  the public interest most effectively served.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 76 - CHIROPRACTORS › Subchapter 1 - GENERAL PROVISIONS › Section 16-76-3 - Parliamentary procedure

Current through June, 2024
Robert's Rules of Order, most current edition, shall govern
				  the deliberations of the board when they do not conflict with other rules the
				  board may adopt or with the laws of the State of Hawaii.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 76 - CHIROPRACTORS › Subchapter 1 - GENERAL PROVISIONS › Section 16-76-4 - Definitions

Current through June, 2024
As used in this chapter:
"Adjustment" means a precise procedure by a doctor of
				  chiropractic by the use of active, active and passive, or passive movements
				  directed toward the goal of restoring joints to their proper biomechanical and
				  physiological relationship of motion and related neurophysiological
				  function;
"Articulation" means a joint; the place of union or junction
				  between two or more bones of the skeleton;
"Board" means the board of chiropractic examiners;
"Elastic barrier" means the point at which the patient
				  cannot move a joint by the patient's own means and through which movement is
				  obtained or caused by a practitioner's treatment;
"Extremity" means the distal or terminal portion of
				  elongated or pointed structures; the arm or leg;
"Manipulation" means a manual procedure that involves a
				  directed thrust to move a joint past the physiological range of motion, without
				  exceeding the anatomical limit;
"Mobilization" means movement applied once or repetitively
				  within or at the physiological range of joint motion, without imparting a
				  thrust or impulse, with the goal of restoring joint mobility;
"Modality" means a method of application of, or the
				  employment of, any therapeutic agent; limited usually to physical
				  agents;
"Palpate" means to feel with the hand; the application of
				  the fingers with light pressure to the surface of the body to determine the
				  condition of the parts beneath in physical diagnosis;
"Spinal" means pertaining to the spine or to the vertebral
				  column, the ilium, the ischium, the occiput, the sacrum, the coccyx, or the
				  pubes or to the spinal cord's functioning; and
"Subluxation" means any alteration of the normal anatomical,
				  biomechanical, and physiological relationships and dynamics of contiguous
				  spinal and extraspinal articular structures that can cause neural
				  disturbances.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 76 - CHIROPRACTORS › Subchapter 2 - PROCESSING APPLICATION FOR LICENSE › Section 16-76-7 - Application form for license

Current through June, 2024
An application for a license to practice chiropractic shall
				  be submitted on a form or forms prescribed and provided by the board,
				  accompanied by the evidence, statements, documents, and all applicable fees as
				  are required, and filed with the board at its office in
				  Honolulu.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 76 - CHIROPRACTORS › Subchapter 2 - PROCESSING APPLICATION FOR LICENSE › Section 16-76-9 - National board examination requirement

Current through June, 2024
Each applicant for chiropractic licensure shall be required
				  to pass the National Board of Chiropractic Examiners' (NBCE) examinations which
				  include parts I, II, III, IV, the Special Purpose Examination for Chiropractic,
				  and physiotherapy in accordance with section
				  442-6,
				  HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 76 - CHIROPRACTORS › Subchapter 3 - EXAMINATION › Section 16-76-13 - Physiotherapy requirement for valid current licensees

Current through June, 2024
(a)
				All persons holding valid current licenses prior to June 4, 1984, may seek a
				waiver for the special written examination in physiotherapy modalities
				provided:
(1) The licensee has passed the
				physiotherapy portion of the NBCE examination; or
(2) The licensee is licensed in any other
				state, territory, or the District of Columbia, wherein the license requirements
				with respect to physiotherapy modalities are found by the board to be
				comparable or more stringent than the requirements of the NBCE.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 76 - CHIROPRACTORS › Subchapter 4 - PRACTICE OF CHIROPRACTIC › Section 16-76-20 - License required to practice chiropractic, either as an individual or under supervision, or in employment of a licensed chiropractor

Current through June, 2024
Any person who is found practicing chiropractic before
				  receiving a license from the board may be denied licensure.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 76 - CHIROPRACTORS › Subchapter 4 - PRACTICE OF CHIROPRACTIC › Section 16-76-21 - Certificate of licensure

Current through June, 2024
The certificate of license shall be designated "License To
				  Practice Chiropractic" and shall authorize the holder to practice chiropractic
				  as defined in section
				  442-1, HRS,
				  and also to use all necessary mechanical, hygienic, and sanitary measures
				  incident to the care of the body, including x-ray equipment for diagnostic
				  purpose and physiotherapy modalities.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 76 - CHIROPRACTORS › Subchapter 4 - PRACTICE OF CHIROPRACTIC › Section 16-76-21.01 - Inactive license

Current through June, 2024
(a) A licensee who
				has an unencumbered active license in another state and who does not intend to
				practice chiropractic in Hawaii may request inactive status at any time during
				the biennium by writing to the board, or by indicating so on the license
				renewal form.
(b) The licensee
				shall be required to pay a non-refundable fee of no less than $25 for
				inactivation of the license. Fees provided in chapter 16-53, shall supersede
				the fees in this section.
(c) It
				shall be the responsibility of each licensee on inactive status to keep abreast
				with current licensing and renewal requirements.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 76 - CHIROPRACTORS › Subchapter 4 - PRACTICE OF CHIROPRACTIC › Section 16-76-21.02 - Reactivation of inactive license

Current through June, 2024
(a) A licensee on
				inactive status may reactivate a license to active status by submitting an
				application of reactivation of inactive license on a form approved by the
				board.
(b) If inactivation and
				reactivation fall within the same biennium, the licensee shall be required to
				pay a non-refundable fee of no less than $25 for reactivation of the license.
				Fees provided in chapter 16-53, shall supersede the fees in this
				section.
(c) However, if activation
				is requested at renewal, for the next biennium, the licensee shall be required
				to submit payment of the current renewal fee and compliance resolution fund
				fee, as provided under section 16-53-27, provided the licensee:
(1) Meets all current renewal
				requirements;
(2) Has a current,
				active chiropractic license in at least one other state throughout the period
				in which the license was inactive in the State; and
(3) All current, active chiropractic licenses
				held in other states are unencumbered at the time of application.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 76 - CHIROPRACTORS › Subchapter 4 - PRACTICE OF CHIROPRACTIC › Section 16-76-25 - Scope of practice of chiropractic

Current through June, 2024
Chiropractic is a practice of the healing arts:
(1) The purpose of which is to restore or
				maintain human health in which patient care or first aid, hygienic,
				nutritional, or rehabilitative procedures are administered;
(2) Which addresses specific vertebral
				adjustment, manipulation, mobilization, and treatment of the articulation and
				adjacent tissues of the spinal column, musculoskeletal structure of the body,
				and nervous system; and
(3) Which
				is subject to the limitations contained in section
				442-1,
				HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 76 - CHIROPRACTORS › Subchapter 4 - PRACTICE OF CHIROPRACTIC › Section 16-76-26 - Minimal clinical competencies

Current through June, 2024
The following addresses the minimal acceptable clinical
				  competencies necessary to the practice of chiropractic. They identify the
				  knowledge, skills, and attitudes required of the non-specialist, primary care
				  doctor of chiropractic:
(1) History
				taking or the element of patient evaluation in which relevant and appropriate
				information regarding the patient's status is obtained;
(2) Physical examination, an element of the
				evaluation in which information regarding the clinical status is elicited by
				selecting and using appropriate instruments and examination
				procedures;
(3)
				Neuromusculoskeletal examination, the foundation of the chiropractic approach
				towards evaluating the patient's health problems that are often associated with
				the spine and extremities. The spine and its relationship to nervous system
				function are also viewed as important factors in the patient's general health.
				A neuromusculoskeletal examination involves the use of:
(A) Inspection, palpation, percussion, range
				of motion, and appropriate procedures in a correct, orderly, safe and hygienic
				manner; and
(B) Instruments and
				equipment in an appropriate, safe, and hygienic manner;
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 76 - CHIROPRACTORS › Subchapter 6 - CONTINUING EDUCATION › Section 16-76-37 - Basic concept

Current through June, 2024
The basic objectives and goals of continuing education are
				  the growth of knowledge, cultivation of skills, and greater understanding, with
				  a continual striving for excellence in chiropractic care, and improvement in
				  the health and welfare of the public.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 76 - CHIROPRACTORS › Subchapter 6 - CONTINUING EDUCATION › Section 16-76-38 - Basic requirements for renewal

Current through June, 2024
(a) The licensee
				shall file, together with the biennial renewal application, or before December
				31 of each odd-numbered year, a certificate of completion of at least twenty
				hours in continuing education programs approved by the board, which have been
				completed within the twenty-four months before the renewal deadline.
(b) A person who is issued an initial license
				in an odd-numbered year of the biennium shall not be required to submit a
				certificate of completion of continuing education programs for the renewal of
				that license for the following biennium.
(c) A person who is issued an initial license
				in an even-numbered year of the biennium shall be required to file a
				certificate of completion of a minimum of ten hours of continuing education
				programs for the renewal of that license for the following biennium.
(d) Placing a chiropractic license on
				inactive status shall not deprive the board of jurisdiction to proceed with
				disciplinary proceedings pursuant to chapters
				442
				or 436B, HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 76 - CHIROPRACTORS › Subchapter 6 - CONTINUING EDUCATION › Section 16-76-39 - Qualifications for continuing education credit

Current through June, 2024
(a) The primary
				consideration in determining whether or not a specific program qualifies as
				acceptable continuing education is that it be a formal program of learning
				which will contribute directly to the professional competence of a licensee in
				public practice. It is, therefore, left to the individual licensee to determine
				the course of study to be pursued within the guidelines established by this
				chapter. However practice-building seminars shall NOT be approved.
(b) Each seminar approved by the board must
				present subject material directly related to the concepts of chiropractic
				principles and practice, including diagnostic procedures, patient care, and
				patient management. The board recommends special attention be given to the
				following:
(1) Principles of practice of
				chiropractic including, but not limited to:
(A) Chiropractic treatment and adjustment
				technique, including physiotherapy, nutrition, and dietetics; and
(B) Physical, laboratory, orthopedic,
				neurological, and differential examination and diagnosis or analysis;
				and
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 76 - CHIROPRACTORS › Subchapter 6 - CONTINUING EDUCATION › Section 16-76-40 - Deficiency in continuing education hours

Current through June, 2024
A license shall not be renewed if the continuing education
				  requirements have not been met in accordance with sections
				  16-76-37,
				  16-76-38, and
				  16-76-39. A license not renewed on
				  or before December 31 shall be considered forfeited on January 31. The
				  forfeited license may be restored on or before January 1 of the following
				  odd-numbered year upon written application, submission of proof of compliance
				  with the continuing education requirements in sections
				  16-76-37,
				  16-76-38, and
				  16-76-39, and payment of all
				  required fees.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 76 - CHIROPRACTORS › Subchapter 6 - CONTINUING EDUCATION › Section 16-76-41 - Requirements for approved programs

Current through June, 2024
(a) Sponsors
				seeking the board's approval for continuing educational seminars for license
				renewal in this State shall provide the board with a program sponsor agreement
				for continuing education and all documentary information required by the board,
				and an application fee as required by chapter 16-53, forty-five days prior to
				the date of the seminar.
(b) If a
				program meets the criteria of the board, the sponsor shall be so notified that
				approval has been granted. An index number of approval shall be provided at
				that time.
(c) Any board member, or
				board designee shall have the right to inspect or audit any approved
				chiropractic course in progress.
(d) Each director or person in charge of an
				approved program in continuing education shall maintain a record of the persons
				completing the course for a period of two years thereafter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 76 - CHIROPRACTORS › Subchapter 6 - CONTINUING EDUCATION › Section 16-76-42 - Certification of attendance

Current through June, 2024
(a) Upon completion
				of an approved program, the sponsor shall issue written evidence of attendance
				to each attendee. This certificate of attendance shall include the following
				information:
(1) Name of attendee;
(2) Name of sponsor;
(3) Name of program;
(4) Index number of board approval;
(5) Date of program;
(6) Hours of attendance; and
(7) Signature of program director or person
				in charge.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 76 - CHIROPRACTORS › Subchapter 6 - CONTINUING EDUCATION › Section 16-76-43 - Duration of approval

Current through June, 2024
The approval by the board for each program shall expire at
				  the conclusion of each program. The approval may be withdrawn by the board at
				  any time for good cause.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 76 - CHIROPRACTORS › Subchapter 6 - CONTINUING EDUCATION › Section 16-76-44 - Exceptions

Current through June, 2024
The board may renew a license to practice to any licensee
				  who has not fully complied with the continuing education requirements in cases
				  where failure by the applicant to fulfill the requirements has been caused by
				  reason of:
(1) Health, as certified by
				a licensed doctor;
(2) Military
				service on extended active duty with the armed forces of the United States;
				or
(3) Other good and valid causes,
				as determined and approved by the board.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 76 - CHIROPRACTORS › Subchapter 7 - PRACTICE AND PROCEDURE › Section 16-76-50 - Administrative practice and procedure

Current through June, 2024
The rules of practice and procedure for chiropractors 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 76 - CHIROPRACTORS › Subchapter 8 - PROFESSIONAL MISCONDUCT › Section 16-76-57 - Advertising practice

Current through June, 2024
(a) This section
				pertains to all forms of advertising, including but not limited to radio,
				television, newspaper, magazines, telephone directories, window displays,
				outdoor signs, circulars, cards, or any other media which are used to
				communicate information to the general public.
(b) Advertising material shall not contain
				false, fraudulent, misleading, or deceptive statements or claims. A false,
				fraudulent, misleading, or deceptive statement or claim includes, but shall not
				be limited to, a statement or claim which:
(1) Contains a misrepresentation of
				fact;
(2) Is likely to mislead or
				deceive because in context it constitutes only a partial disclosure of relevant
				facts;
(3) Is intended or is likely
				to create false or unjustified expectations of favorable results;
(4) Contains other representations or
				implications that in reasonable probability will cause an ordinary, prudent
				person to misunderstand or be deceived;
(5) Contains the terms "cure" or "guarantee"
				for any service, procedure, or device provided;
(6) Contains advertisements that the licensee
				specializes, or is a specialist in, any particular field, aspect, or area of
				practice unless the licensee possesses special certification in that field,
				aspect, or area of practice from an accredited college, university, or from a
				national professional association, and provided the licensee retains
				qualifications necessary to that specialty;
(7) Contains advertisements comparing the
				quality of chiropractic care;
(8)
				Contains advertisements pertaining to referral services for chiropractic care
				unless the advertisement names the licensee to who the referrals are made;
				and
(9) Contains advertisements
				regarding the length of time of a chiropractic practice unless specific
				reference is made to the individual licensee's length of licensure.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 76 - CHIROPRACTORS › Subchapter 9 - ORAL TESTIMONY › Section 16-76-62 - Oral testimony

Current through June, 2024
(a) The board shall
				accept oral testimony on any item which is on the board's agenda, provided that
				the testimony shall be subject to the following conditions:
(1) Each person seeking to present oral
				testimony shall so notify the board not later than forty-eight hours before the
				meeting, and at that time shall state the item on which testimony is to be
				presented;
(2) The board may
				request that any person providing oral testimony submit the remarks, or a
				summary of the remarks, in writing to the board;
(3) The board may rearrange the items on the
				agenda for the purpose of providing for the most efficient and convenient
				presentation of oral testimony;
(4)
				Persons presenting oral testimony shall, at the beginning of the testimony,
				identify themselves and the organization, if any, that they
				represent;
(5) The board may limit
				oral testimony to a specified time period, but in no case shall the period be
				less than five minutes, and the person testifying shall be informed prior to
				the commencement of the testimony of the time constraints to be imposed;
				and
(6) The board may refuse to
				hear any testimony which is irrelevant, or immaterial to the agenda item on
				which it is presented.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 1 - GENERAL PROVISIONS › Section 16-77-2 - Objective

Current through June, 2024
The board interprets the primary intent of the legislature
				  in creating the contractors license board to be the protection of the public
				  health, safety, and general welfare, in dealing with persons engaged in the
				  construction industry, and affording to the public effective and practical
				  protection against the incompetent, inexperienced, unlawful, and unfair
				  practices of contractors with whom the public contracts. All rules adopted by
				  the board shall be interpreted and construed in light of the policies set forth
				  in this section.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 1 - GENERAL PROVISIONS › Section 16-77-4 - Licenses required

Current through June, 2024
(a) No person
				within the purview of this chapter shall act, or assume to act, or advertise,
				as a contractor, general engineering contractor, general building contractor,
				or specialty contractor without a license previously obtained under and in
				compliance with this chapter and chapter
				444,
				HRS.
(b) A license may be required
				for work which poses a potential danger to public health, safety, and welfare
				even if there may be less than ten persons qualified to perform the
				work.
(c) Any individual,
				salesperson, associations of salespersons or entity who solicits for or
				negotiates a contract or offers to undertake construction work on behalf of
				more than one contractor shall be treated as a contractor and shall be required
				to have a contractor's license.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 2 - PROCESSING LICENSING APPLICATIONS › Section 16-77-6 - Application for license

Current through June, 2024
(a) Each applicant
				for a contractor's license shall fully complete the application form and submit
				all supporting documents before the application will be accepted. The
				application is designed to obtain from the applicant the following:
(1) A complete statement of the general
				nature of the applicant's contracting business;
(2) If the applicant is an individual, the
				applicant's name and address; if a partnership, the names and addresses of all
				partners and RME(s); if a corporation, the names and addresses of all officers
				and RME(s); if a joint venture, the names and addresses of the members thereto,
				their officers, and RME(s); if a limited liability company, the names and
				addresses of all members, managers, and RME(s). Persons acting in any of the
				capacities set forth in this paragraph shall be deemed to be personnel or
				employees of the applicant;
(3) A
				complete record of all previous experience of the applicant (individual or RME)
				in the field of construction;
(4)
				Whether the applicant or the applicant's personnel or employees, or anyone with
				whom the applicant or the applicant's personnel has been associated with in the
				contracting vocation, has ever been licensed or had a professional or
				vocational license refused, suspended, terminated, forfeited, revoked, or
				otherwise disciplined; and
(5)
				Proof that the applicant has currently satisfied all of the applicable
				requirements of the department's business registration division.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 2 - PROCESSING LICENSING APPLICATIONS › Section 16-77-8 - Responsibility of applicant to furnish information; notice by the board

Current through June, 2024
(a) Each individual, RME, officer, director,
				member, manager, or partner of an applicant or of its joint venturers shall
				furnish the information requested in the forms prescribed by the board. Any
				trade name used by a contracting entity shall have been previously registered
				with the department's business registration division and shall be filed with
				the board. In the event of any change of information provided on the
				application, the applicant or the licensee shall notify the board in writing
				within ten business days of any change.
(b) Any requirement that the board provide
				notice under chapter
				444,
				HRS, or this chapter shall be deemed met if notice is sent to the last known
				address on file with the board.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 2 - PROCESSING LICENSING APPLICATIONS › Section 16-77-9 - Signing and verification of application

Current through June, 2024
Every application for a license shall be signed by the
				  individual applicant or the applicant's authorized representative. Evidence of
				  the authority of the authorized representative shall be filed with the
				  application.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 2 - PROCESSING LICENSING APPLICATIONS › Section 16-77-10 - Supporting documents required

Current through June, 2024
(a) Every applicant
				shall furnish the following supporting documents:
(1) A minimum of three notarized letters
				certifying the individual's or RME's history of honesty, truthfulness,
				financial integrity, and fair dealing, and experience qualifications in the
				classification(s) applied for;
(2)
				A current credit report covering at least the previous five years of each
				individual applicant, RME, member of a joint venture, partner of a partnership,
				manager or member of a limited liability company, and each officer of a
				corporate entity unless the stock of that corporate entity is publicly traded
				in which case the requirements in paragraph (3) shall apply;
(3) Corporate entities that are publicly
				traded shall, at a minimum, provide the following:
(A) Current credit reports of its
				RME(s);
(B) A copy of the
				prospectus currently filed with the SEC;
(C) If available, a copy of the current
				Standard and Poors, Dun and Bradstreet, or other similar board-approved credit
				rating report on the corporation;
(D) Copies of any proxy statements prepared
				in the last five years under the requirements of section 14 of the Securities
				and Exchange Act of 1934, as amended; and
(E) If the corporate entity has been publicly
				traded for:
(i) At least five years, the
				corporate entity shall provide copies of the Form 10-Ks filed within the last
				five years with the SEC pursuant to section 13 or 15(d) of the Securities and
				Exchange Act of 1934, as amended; or
(ii) Less than five years, the corporate
				entity shall provide copies of the Form 10-Ks currently filed with the SEC;
				provided that if the corporate entity meets all the other licensing
				requirements under this chapter and chapter
				444,
				HRS, the corporate entity may be issued a conditional license under section
				16-77-24 with the condition that, at a minimum, it continue to provide copies
				of its future Form 10-Ks filed with the SEC so that the board has at least five
				years of Form 10-Ks on file.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 2 - PROCESSING LICENSING APPLICATIONS › Section 16-77-11 - Denial of license application

Current through June, 2024
(a) The board shall
				deny the issuance of a license when an application is insufficient or
				incomplete or where the applicant has failed to provide satisfactory proof that
				the applicant:
(1) Meets the qualifications
				under section
				444-11,
				HRS;
(2) Is qualified by experience
				or training for the license sought;
(3) Has the financial integrity to operate as
				a contractor. As proof of financial integrity, the board may require the
				applicant to post a surety bond as a condition for licensure; or
(4) Meets any of the other requirements
				provided in chapter
				444,
				HRS, or this chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 2 - PROCESSING LICENSING APPLICATIONS › Section 16-77-12 - Application fees

Current through June, 2024
(a) Every application for a license shall be
				accompanied by the appropriate fees provided in chapter 16-53 and a contractors
				education fund fee of ten dollars. These fees may be paid by money order or
				check made payable to the "Department of Commerce and Consumer
				Affairs."
(b) For purposes of this
				chapter, the dishonoring of any check upon first deposit shall constitute a
				failure to meet the fee requirements.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 2 - PROCESSING LICENSING APPLICATIONS › Section 16-77-13 - When partnership or joint venture requires a license

Current through June, 2024
(a) No further license is required when all
				members of the joint venture or all partners in the partnership submit evidence
				to the board that all members or partners hold current contractor's licenses;
				provided that work to be performed is in a classification held by one of the
				members or partners.
The board shall be notified in writing of all joint ventures
				  and partnerships formed in this manner and the principal RME for the joint
				  venture or partnership.
(b)
				Joint ventures and partnerships shall be required to obtain a license when any
				member of the joint venture or any partner in the partnership does not hold a
				current contractor's license. All unlicensed members in a joint venture or
				partners in a partnership shall submit current financial statements, credit
				reports, and a tax clearance, and any other information requested by the board
				along with the application for licensure.
(c) Except as otherwise provided by law, all
				joint ventures and partnerships shall be registered with the department's
				business registration division prior to engaging in any contracting activity.
				Joint ventures and partnerships shall provide proof of the registration to the
				board at the time of application.
(d) A joint venture or partnership licensed
				under this section shall be required to notify the board of its dissolution
				within thirty days after its dissolution. Failure to notify the board of the
				dissolution within the thirty day period shall result in the licenses of the
				joint venture or partnership being automatically forfeited without a
				hearing.
(e) The license of a joint
				venture or partnership shall be automatically forfeited without a hearing if
				the license of a member or partner is suspended, revoked, terminated,
				withdrawn, forfeited, or refused to be renewed.
(f) Upon dissolution or forfeiture, the joint
				venture or partnership shall be prohibited from engaging in contracting and
				shall not bid upon or enter into new contracts.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 2 - PROCESSING LICENSING APPLICATIONS › Section 16-77-14 - Posting of information in license application

Current through June, 2024
Whenever an applicant has filed a complete application, the
				  name and address of the applicant, and the names and addresses and official
				  capacity of the applicant's RME(s), officers, members, managers, and partners
				  shall be publicly posted, as part of the board's investigation under section
				  444-16,
				  HRS, for not less than fourteen days. No license shall be issued until the
				  expiration of the posting period.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 3 - LICENSE QUALIFICATIONS › Section 16-77-18 - Experience requirement

Current through June, 2024
(a) Every
				individual applicant or RME shall have had, within the past ten years
				immediately preceding the filing of an application, not less than four years of
				supervisory experience as a foreman, supervising employee, or contractor in the
				particular classification in which the applicant intends to engage as a
				contractor.
(b) Self-employed or
				unlicensed experience may be acceptable experience in the discretion of the
				board.
(c) Contracting entities
				shall qualify through an RME who meets these experience requirements.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 3 - LICENSE QUALIFICATIONS › Section 16-77-19 - Power of board to approve training as experience

Current through June, 2024
The board in its discretion may approve certain technical
				  training or business administration training as acceptable experience, but in
				  no case shall the training count as more than one year of
				  experience.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 3 - LICENSE QUALIFICATIONS › Section 16-77-20 - Power of board to accept equivalent knowledge

Current through June, 2024
The board in its discretion may accept any reasonably
				  equivalent knowledge, training, or experience of the applicant in lieu of a
				  specific experience requirement if upon investigation it makes a detailed
				  finding to that effect.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 4 - CONDITIONAL LICENSE › Section 16-77-24 - Power of board to issue conditional licenses

Current through June, 2024
(a) The
				board may issue a conditional license, provided that the applicant or licensee
				submits in writing an agreement to comply with any condition the board may
				establish for the license, including but not limited to the provision that the
				license may be withdrawn at any time without a hearing upon determination by
				the board that the licensee has violated the conditions thereof or is otherwise
				not acting in the best interest of the public in the licensee's contracting
				business.
(b) A conditional license
				may be issued:
(1) When an applicant or
				licensee has not met all requirements for the issuance or renewal of a license
				but the board determines it to be in the best interest of the public to issue
				or renew the license on a conditional basis;
(2) When an applicant or licensee has
				committed any act which may be grounds for the revocation, suspension, or
				refusal to renew a license under chapter
				444,
				HRS; but the board has determined it to be in the best interest of the public
				to have the applicant or licensee obtain or retain the license on a conditional
				basis; or
(3) Under other
				circumstances in which the board determines it to be in the best interest of
				the public that a person be issued a conditional license.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 5 - CLASSIFICATION › Section 16-77-28 - All contractors classified

Current through June, 2024
(a) All persons
				licensed under chapter
				444,
				HRS, shall be classified by the board into one or more classifications or
				subclassifications, or both, as follows:
General engineering contractor
"A"
General building contractor
"B"
Specialty contractor
"C"
(b)
				The definitions of these classifications shall be as provided in section
				444-7,
				HRS.
(c) Exhibit A, entitled
				Specialty Contractor Classifications, dated May 23, 2003, located at the end of
				this chapter, is hereby incorporated into and made a part of this
				chapter.
(d) Classifications under
				C-68 classified specialist may be established by the board until the work
				performed is defined and a hearing is held to establish the proper
				classification. A C-68 classified specialist shall be subject to the same
				requirements as other contractor classifications.
(e) The board, after a hearing, may establish
				or modify or delete existing classifications, based on established usage in the
				construction industry.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 6 - SCOPE OF CLASSIFICATIONS › Section 16-77-32 - General engineering, general building, and specialty contractors

Current through June, 2024
(a) Licensees who hold the "A" general
				engineering contractor classification shall automatically hold the following
				specialty classifications without further examination or paying additional
				fees:
(1) C-3 asphalt paving and
				surfacing;
(2) C-9
				cesspool;
(3) C-10
				scaffolding;
(4) C-17 excavating,
				grading, and trenching;
(5) C-24
				building moving and wrecking;
(6)
				C-31a cement concrete;
(7) C-32
				ornamental guardrail, and fencing;
(8) C-35 pile driving, pile and caisson
				drilling, and foundation;
(9) C-37a
				sewer and drain line;
(10) C-37b
				irrigation and lawn sprinkler systems;
(11) C-38 post tensioning;
(12) C-43 sewer, sewage disposal, drain, and
				pipe laying;
(13) C-49 swimming
				pool;
(14) C-56 welding;
(15) C-57a pumps installation;
(16) C-57b injection well;
(17) C-61 solar energy systems.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 6 - SCOPE OF CLASSIFICATIONS › Section 16-77-33 - Limitation of classifications

Current through June, 2024
(a) A licensee
				classified as an "A" general engineering contractor or as a "B" general
				building contractor shall not act, assume to act, or advertise as a specialty
				contractor except in the specialty classifications which the licensee
				holds.
(b) A general building
				contractor license does not entitle the holder to undertake a contract unless
				it requires more than two unrelated building trades or crafts or unless the
				general building contractor holds the specialty license to undertake the
				contract. Work performed which is incidental and supplemental to one contractor
				classification shall not be considered as unrelated trades or crafts.
(c) A licensee classified as a specialty
				contractor shall not act, assume to act, or advertise as a contractor in any
				classification other than those which the licensee holds.
(d) Any licensee who acts, assumes to act, or
				advertises in any classification other than for which the licensee is duly
				licensed under this chapter shall be construed to be engaged in unlicensed
				activity.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 6 - SCOPE OF CLASSIFICATIONS › Section 16-77-34 - Work incidental and supplemental

Current through June, 2024
"Incidental and supplemental" is defined as work in other
				  trades directly related to and necessary for the completion of the project
				  undertaken by a licensee pursuant to the scope of the licensee's
				  license.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 6 - SCOPE OF CLASSIFICATIONS › Section 16-77-35 - Additional classifications

Current through June, 2024
(a) A licensee may
				obtain additional classifications by filing an application, paying the
				appropriate fees, meeting the requirements regarding experience in the
				classification requested, and passing the appropriate part II
				examination.
(b) A licensee holding
				a specialty contractor's license who is applying for an "A" general engineering
				or "B" general building contractor's license may be required to submit a
				current financial statement and other supporting documents.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 7 - EXAMINATIONS › Section 16-77-39 - Examination - part I

Current through June, 2024
All applicants for a contractor's license shall be required
				  to take and successfully pass a written examination designed to test the
				  applicant's general knowledge of the building, safety, health, labor, and lien
				  laws of the State and of the basic administrative principles of the contracting
				  business.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 7 - EXAMINATIONS › Section 16-77-40 - Examination - part II

Current through June, 2024
All applicants for a contractor's license shall be required
				  to take and successfully pass a written examination designed to test the
				  applicant's specialized knowledge in the particular classification in which the
				  applicant desires to be licensed.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 77 - CONTRACTORS › Subchapter 7 - EXAMINATIONS › Section 16-77-41 - Examination not required

Current through June, 2024
An examination shall not be required when the applicant has
				  previously qualified by written examination within a period of four years prior
				  to application, or within four years from the date the applicant was last
				  licensed in good standing or in an inactive status, provided the applicant
				  applies for a license in the same classification in which the applicant
				  previously qualified by examination.