Hawaii Contractor Licensing Law
Hawaii Code · 49 sections
The following is the full text of Hawaii’s contractor licensing law statutes as published in the Hawaii Code. For the official version, see the Hawaii Legislature.
Haw. Rev. Stat. § 103-1
Section
103-1 What warrants prohibited
103-1.5 Definitions
103-2 General fund
103-3 Repealed
103-4 Expenditure from general appropriation unlawful, when
103-5 Emergency expenditures from general appropriations
103-6 Temporary use of funds
103-7 Capital improvements; authorizations for; emergency
repairs or reconstruction, exception
103-8 Repealed
103-8.5 Works of art special fund
103-9 False certificates or approval; penalty
103-10 Payment for goods and services
103-10.5 Prompt payment
103-11 Rules of comptroller
103-12 Capital improvement projects; personnel training;
management
103-15 Repealed
Part II. Public Works and Contracts
103-21 to 32 Repealed
103-32.1 Contract provision for retainage; subcontractors
103-32.2 Substitution of retainage
103-33 to 39 Repealed
103-39.5 Construction, renovation, or repair of school
facilities; county permit exemption
103-40 Federal-aid highway contracts
103-41 to 49 Repealed
103-50 Building design to consider needs of persons with
disabilities; review fees
103-50.5 to 52 Repealed
103-53 Contracts with the State or counties; tax clearances,
assignments
103-53.5, 54 Repealed
103-55 Wages, hours, and working conditions of employees of
contractors performing services
103-55.5 Wages and hours of employees on public works
construction contracts
103-55.6 Public works construction; apprenticeship agreement
103-56 to 60 Repealed
Part III. Pollution Control–Repealed
103-61 Repealed
Part IV. Additional Procurement Procedures
103-71 Repealed
103-72 Transcription of instructional materials
Part V. Products and Services of Handicapped
Individuals–Repealed
103-81 to 83 Repealed
Note
Department of accounting and general services; status report to 2017 legislature on implementation of practices required by L 2016, c 241. L 2016, c 241, §3.
Cross References
Employment of state residents on construction procurement contracts, see chapter 103B.
Hawaii public procurement code, see chapter 103D.
Law Journals and Reviews
Emerging Trends in International, Federal, and State and Local Government Procurement in an Era of Global Economic Stimulus Funding. 32 UH L. Rev. 29.
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Haw. Rev. Stat. § 104-1
Section
104-1 Definitions
104-2 Applicability; wages, hours, and other requirements
104-2.5 Public work requirements; private construction
Contracts
104-2.7 Provisions of law; waiver
104-3 Payrolls and payroll records
104-4 Termination of work on failure to pay agreed wages;
completion of work; contract and specifications
provision
104-5 to 11 Repealed
Part II. Administration and Enforcement
104-21 Governmental contracting agency responsibilities
104-22 Investigation; penalties
104-23 Notification of violation
104-24 Violations; penalties
104-25 Suspension
104-26 Judicial review
104-27 Liability
104-28 Civil action
104-29 Rules
104-30 Application of this chapter to contracts entered into
without regard to other laws
104-31 Effect on other laws
104-32 Suspension during emergency
104-33 Inspection
104-34 Submission of collective bargaining agreement to the
director
Cross References
Employment of state residents on construction procurement contracts, see chapter 103B.
Attorney General Opinions
If a contractor is found in violation of this chapter a third time within a two-year period, that contractor must be suspended from doing any work on any public work of a governmental contracting agency. Att. Gen. Op. 97-8.
This chapter applied to the county of Hawaii’s Waikoloa employee housing project pursuant to §46-15.01 and the plain language of §104-2. Att. Gen. Op. 06-1.
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Haw. Rev. Stat. § 11-1
Section
11-1 Definitions
11-1.5 Office of elections established
11-1.55 Exemptions
11-1.6 Appointment of the chief election officer;
requirements; term; restrictions; salary;
reappointment; removal
11-2 Chief election officer; duties
11-2.5 to 2.7 Repealed
11-3 Application of chapter
11-4 Rules and regulations
11-5 Employees
11-6 Petitions; withdrawal of signatures
11-7 Elections commission
11-7.5 Duties of the elections commission
11-8 Elections commission; political activities
11-8.5 Elections review program
11-9 Exemptions
11-10 Candidates for public office; public service
announcements; public funds
Part II. Registration
11-11 Registration
11-12 Age; place of registering
11-13 Rules for determining residency
11-14 General county register; restrictions in use
11-14.5 Residence address; confidentiality
11-14.6 Repealed
11-15 Application to register
11-15.2 Late registration
11-15.3 Application to register electronically
11-15.5 Duties of all state agencies; voter registration
11-16 Application when not made in person
11-17 Removal of names from register, when;
reregistration
11-18 Transfer of registration on removal from one
precinct to another in same county
11-19 Registration from one county to another
11-20 Transfers; name changes; initiated by clerk
11-21 Change of name, transfer on election day
11-22 Changing register; correction of errors
11-23 Changing register; striking names of disqualified
voters
11-24 Closing register
11-25 Challenge by voters; grounds; procedure
11-26 Appeal from ruling on challenge; or failure of
clerk to act
Part III. Boards of Registration
11-41 Boards of registration, appointment, tenure
11-42 Compensation
11-43 Powers; procedures
11-44 Records of proceedings
Part IV. Appeal from Board of Registration
11-51 Appeal from board
11-52 Hearing; decision final
11-53 Decision, notice; action on
11-54 Status pending appeal
Part V. Parties
11-61 “Political party” defined
11-62 Qualification of political parties; petition
11-63 Party rules, amendments to be filed
11-64 Names of party officers to be filed
11-65 Determination of party disqualification; notice of
disqualification
Part VI. Precinct Officials and Watchers
11-71 Precinct officials; precinct requirements
11-72 Precinct officials; submission of names and
assignment; vacancies
11-73 Instruction of precinct officials
11-74 Meetings of precinct officials; procedure; oaths
11-75 Duties of precinct officials
11-76 Compensation
11-77 Appointment of watchers; service
Part VII. Conduct of Elections
11-91 Proclamation
11-91.5 Federal, state, and county elections by mail
11-92 Repealed
11-92.1 Election proclamation; establishment of a new
precinct
11-92.2 Multiple polling place sites
11-92.3 Consolidated precincts; natural disasters;
postponement; absentee voting required; special
elections
11-93 Voting units
11-94 Exemptions of voters on election day
11-95 Employees entitled to leave on election day for
voting
11-96 Records prima facie evidence
11-97 Records open to inspection
11-98 Forms and materials used in elections
11-99 Members of Congress, applicability of election
laws
Part VIII. Ballots
11-111 Official and facsimile ballots
11-112 Contents of ballot
11-113 Presidential ballots
11-114 Order of offices on ballot
11-115 Arrangement of names on the ballot
11-116 Checking ballot form by candidates and parties
11-117 Withdrawal of candidates; disqualification; death;
notice
11-118 Vacancies; new candidates; insertion of names on
ballots
11-118.5 Constitutional amendments, proposed
11-119 Printing; quantity
11-120 Distribution of ballots; record
11-121 Ballot images
Part IX. Voting Procedures
11-131 Hours of voting
11-132 Two hundred foot radius; admission within polling
place
11-133 Voting booths; placement of visual aids
11-134 Ballot transport containers; ballot boxes
11-135 Early collection of ballots
11-136 Poll book, identification, voting
11-137 Secrecy; removal or exhibition of ballot
11-138 Time allowed voters
11-139 Voting assistance
11-140 Spoiled ballots
Part X. Vote Disposition
11-151 Vote count
11-152 Method of counting
11-153 More or less ballots than recorded
11-154 Records, etc.; disposition
11-155 Certification of results of election
11-156 Certificate of election and certificate of results,
form
11-157 In case of tie
Part XI. Election Contests
11-171 Applicability of this part
11-172 Contests for cause; generally
11-173 Repealed
11-173.5 Contests for cause in primary, special primary
elections, and county elections held concurrently
with a regularly scheduled primary or special
primary election
11-174 Repealed
11-174.5 Contests for cause in general, special general,
special, and runoff elections
11-175 Powers of supreme court; costs
11-176 Repealed
Part XII. Expenses
A. Election Expenses
11-181 Capital equipment
11-182 Election expenses when no county elections
11-183 Election expenses when no state elections
11-184 Election expenses and responsibilities in combined
state and county elections
B. Election Campaign Contributions and
Expenditures–Repealed
11-191 to 229 Repealed
Part XIII. Campaign Finance
A. General Provisions
11-301 Purpose
11-302 Definitions
B. Campaign Spending Commission
11-311 Campaign spending commission established;
composition
11-312 Terms of office
11-313 No compensation
11-314 Duties of the commission
11-315 Advisory opinions
11-316 Political activities prohibited
11-317 Exemptions
C. Registration
11-321 Registration of candidate committee or
noncandidate committee
11-322 Organizational report, candidate committee
11-323 Organizational report, noncandidate committee
11-324 Treasurer
11-325 When an individual may not serve as a committee
officer
11-326 Termination of candidate committee’s or
noncandidate committee’s registration
11-327 Ballot issue committee; contributions and
expenditures
D. Reporting and Filing with the Commission
11-331 Filing of reports, generally
11-332 Repealed
11-333 Candidate committee reports
11-334 Time for candidate committee to file preliminary,
final, and supplemental reports
11-335 Noncandidate committee reports
11-336 Time for noncandidate committee to file preliminary,
final, and supplemental reports
11-337 Reporting expenditures
11-338 Late contributions; late expenditures; report
11-339 Final election period report for candidate committee
or noncandidate committee receiving and expending
$1,000 or less during the election period
11-340 Failure to file report; filing a substantially
defective or deficient report
11-341 Electioneering communications; statement of information
11-342 Fundraiser; notice of intent
11-343 Reporting deadline
11-344 Sale or use of information
E. Contributions; Prohibitions; Limits
11-351 Contributions, generally
11-352 False name contributions prohibited
11-353 Anonymous contributions prohibited
11-354 Fundraising on state or county property prohibited
11-355 Contributions by state and county contractors
prohibited
11-356 Contributions by foreign national or foreign
corporation prohibited
11-357 Contributions to candidate committees; limits
11-358 Contributions to noncandidate committees; limits
11-359 Family contributions
11-360 Contributions to a party
11-361 Aggregation of contributions and expenditures
11-362 Contributions limited from nonresident persons
11-363 Other contributions and expenditures
11-364 Excess contribution; return; escheat
F. Loans
11-371 Loan to candidate committee
11-372 Reporting loan; written loan agreement
11-373 Noncandidate committee loan prohibited
G. Expenditures
11-381 Campaign funds only used for certain purposes
11-382 Prohibited uses of campaign funds
11-383 Exceptions
11-384 Disposition of campaign funds; termination of
registration
H. Advertisements
11-391 Advertisements
11-392 House bulletins
11-393 Identification of certain top contributors to
noncandidate committees making only independent
expenditures
I. Enforcement
11-401 Subpoena powers
11-402 Filing of complaint
11-403 Notice of complaint; opportunity to explain or
respond to complaint
11-404 Initial determination by the commission
11-405 Preliminary determination regarding probable cause
11-406 Waiver of further proceedings
11-407 Contested case hearing
11-408 Dismissal
11-409 Final determination of violation; order
11-410 Administrative fines; relief
11-411 Criminal referral
11-412 Criminal prosecution
J. Partial Public Financing
11-421 Hawaii election campaign fund; creation
11-422 Depletion of fund
11-423 Voluntary expenditure limits; filing affidavit
11-424 Repealed
11-425 Maximum amount of public funds available to candidate
11-426 Candidate exceeds voluntary expenditure limit
11-427 Reserving use of contributions
11-428 Eligibility requirements for public funds
11-429 Minimum qualifying contribution amounts; qualifying
contribution statement
11-430 Application for public funds
11-431 Payment to candidate
11-432 Use of public funds
11-433 Post-election report required
11-434 Post-election examination and audit; return of
funds
11-435 Report and recommendation
Note
L 2011, c 142, §4 provides:
“SECTION 4. The office of elections shall continue to use its existing voter registration application forms where possible until such time as new forms are developed and printed by the office of elections to implement this Act [amending sections 11-15, 11-16, and 15-4].”
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Haw. Rev. Stat. § 231-1
Section
231-1 Definitions
231-1.5 Confidentiality privileges relating to taxpayer
communications
231-2 Taxation districts
231-3 Department, general duties and powers
231-3.1 Consideration paid not indicative of fair
market value
231-3.2 Repealed
231-3.4 Publication of reports
231-3.5 Suspension of running of the period of limitation
during bankruptcy proceedings
231-3.6 Streamlined sales and use tax agreement compliance
231-4 Assessing officers eligible to appointment as
collecting officers and vice versa
231-4.3 Investigators; appointment and powers
231-4.5 Administrative rules officer; specialists;
appointment and duties
231-5 Deceased officers, duties of personal
representatives, etc.
231-6 Oath, power to administer
231-7 Audits, investigations, hearings, and subpoenas
231-7.5 Expedited appeals and dispute resolution program
231-8 Timely mailing treated as timely filing and paying
231-8.5 Electronic filing of tax returns
231-8.6 Repealed
231-9 Tax collection; general duties, powers of director;
dollar rounding
231-9.2Â Offers in compromise
231-9.3 Tax collection; mainland contractors working on
federal construction projects
231-9.4 Credit or debit card remittances
231-9.5 Assessment of additional taxes of corporations
or partnerships
231-9.6 Fiduciaries, liability
231-9.7 Informalities not to invalidate assessments,
mistakes in names or notices, etc.
231-9.8 Tax bills
231-9.9 Filing and payment of taxes by electronic funds
transfer
231-10 Department; keep offices where
231-10.5 Closing audit letters
231-10.6 Rules or administrative guidance
231-10.7 Temporary rulemaking authority for regulation of tax
Matters
231-10.8 Tax clearance fees
Police; District Judges
231-11 Police to aid assessing or collecting officers
231-12 Repealed
Delinquent Taxes
231-13 Director; examination, investigation, and collection
231-14 Attorney
Returns and Records, Generally; Validity
231-15 Returns to be signed
231-15.3 Signature presumed authentic
231-15.5 Disclosure by return preparers
231-15.6 Returns of corporations or partnerships
231-15.7 Returns by fiduciaries
231-15.8 Time for performing certain acts postponed by
reason of service in combat zone
231-16 Copies of returns
231-17 Notices, how given
231-18 Tax and other officials permitted to inspect returns;
reciprocal provisions
231-19 Repealed
231-19.3 Disclosure of letter rulings, et al.
231-19.5 Public inspection and copying of written opinions
231-20 Evidence, tax records as
231-21 Due date on Saturday, Sunday, or holiday
231-21.5 Effect of civil union
Adjustments and Refunds
231-22 Repealed
231-23 Adjustments and refunds
Jeopardy Assessments
231-24 Jeopardy assessments, etc.
Collection Proceedings
231-25 Payment, enforcement of by assumpsit action or
by levy and distraint upon all property and
rights to property
231-25.5 Cost recovery fees for the administration of taxes
231-26 Extraterritorial enforcement of tax laws
231-27 Partial payment of taxes
231-28 Tax clearance before procuring liquor licenses
231-29 Joinder of party defendant when State claims
tax liens
231-30 Unknown or nonresident delinquents; procedure to
collect taxes from
231-31 Nonresidents engaged in business, etc., service of
process on, designation of agent for service of
process
231-32 Records of delinquent taxes, uncollectible delinquent
taxes
231-33 Tax debt due the State; lien
Penalties and Interest
231-34 Attempt to evade or defeat tax
231-35 Wilful failure to file return, supply information, or
secure a license
231-36 False and fraudulent statements; aiding and abetting
231-36.4 Wilful failure to collect and pay over tax
231-36.5 Understatement of taxpayer’s liability by tax return
preparer
231-36.6 Substantial understatements or misstatements of
amounts; penalty
231-36.7 Promoting abusive tax shelters
231-36.8 Erroneous claim for refund or credit
231-37 Neglect of duty, etc., misdemeanor
231-38 Repealed
231-39 Additions to taxes for noncompliance or evasion;
interest on underpayments and overpayments
231-40 Interpretation
231-40.5 Statute of limitations; extension for substantial
omissions
231-41 Statute of limitation for criminal penalties
Recovery of Money Owed to the State
231-51 Purpose
231-52 Definitions
231-53 Setoff against refund
231-54 Hearings; appeals
231-55 Finalization of setoff; credit on debt
231-56 Charges for setoff; credit to agency
231-57 Apportionment of joint refunds
231-57.5 Notification of address and social security number
of debtor parent
231-58 Rules
231-59 Procedure additional
Liens, Foreclosure
231-61 Tax liens; co-owners’ rights
231-62 Tax liens; foreclosure; property
231-63 Tax liens; foreclosure without suit, notice
231-64 Tax liens; registered land
231-65 Tax liens; notice, form of
231-66 Tax liens; postponement of sale, etc.
231-67 Tax liens; tax deed; redemption
231-68 Tax liens; costs
231-69 Tax deed as evidence
231-70 Disposition of surplus moneys
Civil Compliance; Special Enforcement Section
231-81 Special enforcement section; created
231-82 Special enforcement section; functions, powers, and
duties
231-83 Investigators and personnel, appointment and power
231-84 Right to inspection of books, records, and premises;
warrants and writs; levy and seizure
231-85 Identification of cash economy cases; retention of
funds
231-86 Violent interference with a tax official
Cash Economy Enforcement; Citations
231-91 Citations for violations; deposits
231-92 Cash-based businesses; injunction
231-93 Cash-based business; defined
231-94 Failure to produce license upon demand
231-95 Failure to keep adequate books and records
231-96 Failure to record transaction
231-97 Repealed
231-98 Tax avoidance price fixing
231-99 Possession of currency for tax avoidance purposes
231-100 Interference with a tax official
Note
Reports to legislature on contracts for the assessment, enforcement, or collection of taxes up through June 30, 2017; annual report of all contracts to 2014-2017 legislature. L 2013, c 93, §2.
Law Journals and Reviews
Taxes in Hawaii Since January 1973: A Tax System Evolves, Arthur B. Reinwald, 13 HBJ No. 2 Summer 1977, pg. 3.
Hawaii’s General Excise Tax Law: A Comprehensive Review of the Decisions. II HBJ No. 13, at pg. 1.
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Haw. Rev. Stat. § 237-1
Section
237-1 Definitions
237-2 “Business”, “engaging” in business, defined
237-3 “Gross income”, “gross proceeds of sale”, defined
237-4 “Wholesaler”, “jobber”, defined
237-5 “Producer” defined
237-6 “Contractor”, “contracting”, “federal cost-plus
contractor”, defined
237-7 “Service business or calling”, defined
237-8 Administration and enforcement by department
237-8.5 Repealed
237-8.6 County surcharge on state tax; administration
Licenses; Tax; Exemptions
237-9 Licenses; penalty
237-9.3 General excise tax benefits; denial of tax benefits
for failure to properly claim
237-9.5 No separate licensing, filing, or liability for
certain revocable trusts
237-10 Repealed
237-10.5 Reporting requirement for contractors on federal
construction projects
237-11 Tax year
237-12 Tax cumulative; extent of license
237-13 Imposition of tax
237-13.3 Repealed
237-13.5 Assessment on generated electricity
237-13.8 Sales of telecommunications services through prepaid
telephone calling service
237-14 Segregation of gross income, etc., on records and in
returns
237-14.5 Segregation of gross income, etc., on records and in
returns of telecommunications businesses
237-15 Technicians
237-16 Repealed
237-16.5 Tax on written real property leases; deduction allowed
237-16.8 Exemption of certain convention, conference, and trade
show fees
237-17 Persons with impaired sight, hearing, or who are
totally disabled
237-18 Further provisions as to application of tax
237-19 Repealed
237-20 Principles applicable in certain situations
237-21 Apportionment
237-22 Conformity to Constitution, etc.
237-23 Exemptions, persons exempt, applications for exemption
237-23.5 Related entities; common paymaster; certain exempt
transactions
237-24 Amounts not taxable
237-24.3 Additional amounts not taxable
237-24.5 Additional exemptions
237-24.7 Additional amounts not taxable
237-24.75 Additional exemptions
237-24.8 Amounts not taxable for financial institutions
237-24.9 Aircraft service and maintenance facility
237-25 Exemptions of sales and gross proceeds of sales to
federal government, and credit unions
237-26 Exemption of certain scientific contracts with the
United States
237-27 Exemption of certain petroleum refiners
237-27.1, 28.2 Repealed
237-27.5 Air pollution control facility
237-27.6 Solid waste processing, disposal, and electric
generating facility; certain amounts exempt
237-28 Repealed
237-28.1 Exemption of certain shipbuilding and ship repair
business
237-28.2 Repealed
237-29 Exemptions for certified or approved housing projects
237-29.5 Exemption for sales of tangible personal property
shipped out of the State
237-29.53 Exemption for contracting or services exported out of
State
237-29.55 Exemption for sale of tangible personal property for
resale at wholesale
237-29.6 Repealed
237-29.65 Repealed
237-29.7 Exemption of insurance companies
237-29.75 Repealed
237-29.8 Call centers; exemption; engaging in business;
definitions
Returns and Payments
237-30 Monthly, quarterly, or semiannual return,
computation of tax, payment
237-30.5 Collection of rental by third party; filing with
department; statement required
237-31 Remittances
237-32 Penalties
237-33 Annual return, payment of tax
237-33.5 Federal assessments; adjustments of gross income or
gross proceeds of sale; report to the department
237-34 Filing of returns; disclosure of returns unlawful,
penalty; destruction of returns
237-35 Consolidated reports; interrelated business
Assessments, Refunds, and Records
237-36 Erroneous returns, disallowance of exemption, payment
237-37 Refunds and credits
237-38 Failure to make return
237-39 Audits; procedure, penalties
237-40 Limitation period
237-41 Records to be kept; examination
237-41.5 Certain amounts held in trust; liability of key
individuals
Appeals
237-42 Appeals
237-43 Bulk sales; transfers; penalties
237-44 Entertainment business
237-45 Repealed
237-46 Collection by suit; injunction
237-47 District judges; concurrent civil jurisdiction in tax
collections
Offenses; Penalties
237-48 Repealed
237-49 Unfair competition; penalty
Cross References
Tax collection; mainland contractors working on federal construction projects, see §231-9.3.
Law Journals and Reviews
Taxes in Hawaii since July 1, 1968: A Report on the Unreported Decisions of Judge Dick Yin Wong, Arthur B. Reinwald, 9 HBJ 95.
Taxes in Hawaii 1983-1988: A Funny Thing Happened at the Forum. 22 HBJ 53.
Hawaii’s General Excise Tax Law: A Comprehensive Review of the Decisions. II HBJ No. 13, at pg. 1.
Case Notes
Value of management and administrative services taxpayer provided to its wholly owned subsidiaries was taxable under this chapter. 6 H. App. 260, 718 P.2d 1122.
Where plaintiff was a “retailer” licensed under this chapter, used the goods in Hawaii after it purchased and imported them from the mainland “for purposes of resale”, it was liable for the use tax under this section. 128 H. 116, 284 P.3d 209 (2012).
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Haw. Rev. Stat. § 238-1
Section
238-1 Definitions, generally
238-2 Imposition of tax on tangible personal property;
exemptions
238-2.3 Imposition of tax on imported services or contracting;
exemptions
238-2.5 Repealed
238-2.6 County surcharge on state tax; administration
238-3 Application of tax, etc.
238-4 Certain property used by producers
238-5 Returns
238-6 Collection of tax by seller; penalty
238-7 Audits; additional assessments; refunds
238-8 Appeal, correction of assessment
238-9 Records
238-9.5 Motor vehicle importation; report by dealers; proof
of payment
238-10 Penalties
238-11 Collection of taxes by assumpsit or distraint;
concurrent jurisdiction of district judges
238-12 Repealed
238-13 Other provisions of general excise tax law
applicable
238-14 Taxes state realizations
238-15 Short title
238-16 Rules and regulations
Law Journals and Reviews
Taxes in Hawaii Since July 1, 1968: A Report on the Unreported Decisions of Judge Dick Yin Wong, Arthur B. Reinwald, 9 HBJ 95.
Hawaii’s General Excise Tax Law: A Comprehensive Review of the Decisions. II HBJ No. 13, at pg. 1.
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Haw. Rev. Stat. § 269-1
Section
269-1 Definitions
269-2 Public utilities commission; number, appointment
of commissioners, qualifications; compensation;
persons having interest in public utilities;
authority
269-3 Employment of assistants
269-4 Repealed
269-5 Annual report and register of orders
269-6 General powers and duties
269-6.5 Electronic copies of documents
269-7 Investigative powers
269-7.5 Certificates of public convenience and necessity
269-8 Public utilities to furnish information
269-8.2 Location of records
269-8.5 Annual financial reports
269-9 Report accidents
269-10 Commission may compel attendance of witnesses, etc.
269-11 Repealed
269-12 Notices
269-13 Right to be represented by counsel
269-14 Repealed
269-14.5 Appointment of receiver for public utilities
269-15 Commission may institute proceedings to enforce
chapter
269-15.5 Appeals
269-15.51 Contested cases
269-15.6 Alternative dispute resolution
269-16 Regulation of utility rates; ratemaking procedures
269-16.2 Approval of rules of a public utility
269-16.21 Repealed
269-16.22 Power purchase agreements; cost recovery for electric
utilities
269-16.3 Statewide rate increase surcharge assessment on
ratepayers in emergency situations
269-16.4 Annual fuel mix disclosure
269-16.5 Lifeline telephone rates
269-16.6 Telecommunications relay services for the deaf,
persons with hearing disabilities, and persons with
speech disabilities
269-16.7 Repealed
269-16.8 Aggregators of telephone service requirements
269-16.85 Retail intrastate services; fully competitive
269-16.9 Telecommunications providers and services
269-16.91 Universal service subsidies
269-16.92 Changes in subscriber carrier selections; prior
authorization required; penalties for unauthorized
changes
269-16.93 Release of domestic abuse victims from shared
wireless plans
269-16.95 Emergency telephone service; capital costs;
ratemaking
269-17 Issuance of securities
269-17.5 Issuance of voting stock; restrictions
269-18 Acquirement of stock of another public utility
269-19 Merger and consolidation of public utilities
269-19.5 Relations with an affiliated interest; definition;
contracts with affiliates filed and subject to
commission action
269-20 Certificates of public convenience and necessity
for water carriers
269-21, 22 Repealed
269-23 Liability of initial and delivering common carrier
for loss; limitation of liability; notice and filing
of claim
269-24 Repealed
269-25 Valuations
269-26 Investigation of water rates charged by lessee
under state leases
269-26.5 Preferential water rates for agricultural activities
269-26.6 Preferential water carrier service rates for
agricultural activities
269-27 Prevention of unreasonable water rates
269-27.1 Establishment of geothermal energy rates
269-27.2 Utilization of electricity generated from nonfossil
fuels
269-27.3 Preferential renewable energy rates; agricultural
activities
269-27.4 Community-based renewable energy tariffs
269-27.5 Construction of high-voltage electric transmission
lines; hearing
269-27.6 Construction of high-voltage electric transmission
lines; overhead or underground construction
269-28 Penalty
269-29 Perjury
269-30 Finances; public utility fee
269-31 Application of this chapter
269-32 Injury to public utility property
269-33 Public utilities commission special fund
269-34 Obligations of telecommunications carriers
269-35 Universal service
269-36 Telecommunications number portability
269-37 Compensation agreements
269-38 Regulatory flexibility for effectively competitive
services
269-39 Cross-subsidies
269-40 Access to advanced services
269-41 Universal service program; establishment; purpose;
principles
269-42 Universal service program; contributions
269-43 Carriers of last resort
269-44 Solar water heater system standards
269-45 Gas utility companies; renewable energy; reporting
requirements
Part II. Consumer Advocate
269-51 Consumer advocate; executive director of the
division of consumer advocacy
269-52 Division of consumer advocacy; personnel
269-53 Legal counsel
269-54 General powers; duties
269-55 Handling of complaints
Part III. Other Provisions
269-71 Meter tampering
Part IV. Gas Pipeline Systems–Repealed
269-81 to 84 Repealed
Part V. Renewable Portfolio Standards
269-91 Definitions
269-92 Renewable portfolio standards
269-93 Achieving portfolio standard
269-94 Waivers, extensions, and incentives
269-95 Renewable portfolio standards study
269-96 Energy-efficiency portfolio standards
Part VI. Net Energy Metering
269-101 Definitions
269-101.5 Maximum capacity of eligible customer-generator
269-102 Standard contract or tariff; rate structure
269-103 Generating capacity
269-104 Additional customer-generators
269-105 Calculation
269-106 Billing periods; twelve-month reconciliation
269-107 Net electricity consumers
269-108 Net electricity producers; excess electricity
credits and credit carry over
269-109 Net electricity consumption or production
information
269-110 Termination by eligible customer-generators
269-111 Safety and performance standards
Part VII. Public Benefits Fee
269-121 Public benefits fee authorization
269-122 Public benefits fee administrator; establishment
269-123 Requirements for the public benefits fee
administrator
269-124 Transitioning from utility demand-side management
programs to the public benefits fee
269-125 On-bill financing for energy efficiency and renewable
energy
Part VIII. Interisland Transmission System
269-131 Definitions
269-132 Certification
269-133 Transmission tariff
269-134 Cable surcharge
269-135 Recovery of electric utility company costs
Part IX. Electric Reliability
269-141 Definitions
269-142 Reliability standards; interconnection
requirements; adoption and development; force
and effect
269-143 Monitoring
269-144 Compliance and enforcement
269-145 Grid access; procedures for interconnection;
dispute resolution
269-145.5 Advanced grid modernization technology; principles
269-146 Hawaii electricity reliability surcharge;
authorization; cost recovery
269-147 Hawaii electricity reliability administrator;
contracting
269-148 Hawaii electricity reliability administrator;
qualifications
269-149 Funding; reporting
Part X. Green Infrastructure Bonds
269-161 Definitions
269-162 Applications to issue bonds and authorize green
infrastructure fee
269-163 Green infrastructure financing order
269-164 Green infrastructure property
269-165 Bonds financing order
269-166 Green infrastructure fee; nonbypassable
269-167 Electric utility successor requirements; default
of electric utility
269-168 Treatment of bonds, fees, and property
269-169 Green infrastructure property; non-impairment
269-170 Green infrastructure loan program order; application
269-171 Green infrastructure loan program order; issuance
269-172 Electric utilities; cost recovery; billing agent
269-173 Severability
269-174 Miscellaneous
269-175 Revenue bonds; exclusion from debt limit
269-176 Financing order; adjustments to green
infrastructure fee
Note
Broadband services; exemption from certain permitting requirements. L 2011, c 151; L 2013, c 264; L 2016, c 193, §§1, 2.
Franchises prior to 1966, see RLH 1955, volume II appendix at page 1720 and 1965 Supp at page 1039.
Greenhouse gas emissions reduction task force (report to 2010 legislature and every five years thereafter). L 2007, c 234, §§1 to 7.
Honolulu Gas Company. L 1967, c 262.
Judiciary report to 2019 legislature on change in judicial proceedings made by L 2016, c 48. L 2016, c 48, §11.
Kauai Electric Company, Limited. L 1967, c 165.
Maui Electric Company, Limited. L 1991, c 12.
Maui Electric Company, Limited (for Lanai). L 1988, c 54.
Molokai Electric Company, Limited. L 1989, c 147.
Solar water heating pay as you save program pilot project. L 2006, c 240, §13.
Cross References
Natural energy laboratory of Hawaii authority as public utility; when, see §227D-1.5.
Telecommunications and cable industry information reporting, see chapter 440J.
We make every effort to comply to ADA standards, and Section 508 of the Rehabilitation Act.
Visit our ADA page here. If you have any problems with any of these pages, please
contact the webmaster with the page address and problems encountered.
You may view our Privacy Policy here.
Haw. Rev. Stat. § 36-1
Section
36-1 Responsibility for moneys
36-2 Keep full records
36-2.5 Full disclosure of entities receiving state awards
36-3 Fiscal agents
36-4 Instruct subordinates
36-5 Responsibility for drafts on treasury
36-6 Report to legislature
36-7 Director’s certificates, evidence
36-8 Director may administer oaths
Part II. Investments; Transfers
36-21 Short-term investment of state moneys
36-22 Loans for federal-aid projects
36-23 Purchase of county bonds
36-24 Loans to state and county agencies
36-25 Transfers to loan fund; interest
36-26 Transfer of unrequired funds for redemption of serial
bonds
36-27 Transfers from special funds for central service
expenses
36-28 Transfers from state highway fund for central service
expenses
36-28.5 Transfer from airport revenue fund
36-29 Transfer from harbor special fund
36-29.5 Transfer from boating special fund
36-30 Special fund reimbursements for departmental
administrative expenses
36-31 Transfers from special funds, limited or suspended,
when
36-32 State educational facilities improvement special fund
36-35 State educational facilities repair and maintenance
account
36-36 School physical plant operations and maintenance
account; maintenance schedule
36-41 Energy retrofit and performance contracting for public
facilities
Cross References
Special and revolving fund reviews, see §§23-11 and 23-12.
We make every effort to comply to ADA standards, and Section 508 of the Rehabilitation Act.
Visit our ADA page here. If you have any problems with any of these pages, please
contact the webmaster with the page address and problems encountered.
You may view our Privacy Policy here.
Haw. Rev. Stat. § 515-1
Section
515-1 Construction
515-2 Definitions
515-3 Discriminatory practices
515-4 Exemptions
515-5 Discriminatory financial practices
515-6 Restrictive covenants and conditions
515-7 Blockbusting
515-8 Religious institutions
515-9 Enforcement
515-10 to 12 Repealed
515-13 Remedies
515-14, 15 Repealed
515-16 Other discriminatory practices
515-17 Attempts
515-18 Conciliation agreements
515-19 Public contractors
515-20 Prima facie evidence
Cross References
Civil rights commission, see chapter 368.
Discrimination in public accommodations, see chapter 489.
Law Journals and Reviews
Timesharing in the 1990s. I HBJ No. 13, at pg. 89.
We make every effort to comply to ADA standards, and Section 508 of the Rehabilitation Act.
Visit our ADA page here. If you have any problems with any of these pages, please
contact the webmaster with the page address and problems encountered.
You may view our Privacy Policy here.
HRS §444-1
§444-1 Definitions. As used in this chapter:
"Board" means the contractors license board.
"Chlorofluorocarbon" or "CFC" means any member of the family of substances containing carbon, fluorine, and chlorine, including, without limitation, those compounds known as CFC-11, CFC-12, CFC-13, CFC-14, CFC-113, CFC-114, CFC-115, CFC-116, CFC-500, CFC-502, and CFC-503, and any combination or mixture containing any of these chlorofluorocarbon compounds.
"Contractor" means any person who by oneself or through others offers to undertake, or holds oneself out as being able to undertake, or does undertake to alter, add to, subtract from, improve, enhance, or beautify any realty or construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish any building, highway, road, railroad, excavation, or other structure, project, development, or improvement, or do any part thereof, including the erection of scaffolding or other structures or works in connection therewith.
"Contractor", to the extent allowed under federal law includes a subcontractor, a specialty contractor, and any person, general engineering, general building, or specialty contractor who performs any of the activities listed in the previous paragraph directly or indirectly for the federal government.
"Department" means the department of commerce and consumer affairs.
"Director" means the director of commerce and consumer affairs.
"Hydrochlorofluorocarbon" or "HCFC" means any member of the family of substances containing hydrogen, carbon, fluorine, and chlorine, including, without limitation, those compounds known as HCFC-22 and HCFC-123 and any combination or mixture containing any of three hydrochlorofluorocarbon compounds.
"Investigator" means any person employed by the department of commerce and consumer affairs to investigate matters relating to any person who furnishes commodities or services for which a license is required from the department or any board or commission thereunder.
"Refrigerant recovery and recycling equipment" means a device used to recover and to purify CFCs from a device for later reuse.
"RME" means responsible managing employee.
"Sale" means any arrangement between two or more persons as a result of which there is, or is to be, a transfer of property for a consideration.
If any provision of this section, or the application thereof to any person, or circumstances, is held to be invalid, the invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable. [L 1957, c 305, §1(s 1); Supp, §166A-1; HRS §444-1; am L 1969, c 56, §1; am L 1970, c 203, §2; am L 1974, c 112, §1(2); am L 1983, c 274, §2; am L 1984, c 98, §1; gen ch 1985; am L 1989, c 77, §9; am L 1990, c 316, §7; am L 1992, c 202, §62 and c 264, §8; am L 2000, c 286, §3]
Note
Definition of "state resident" for purposes of federal construction employment preferences. L 2000, c 286, §§1, 2.
Cross References
Ozone layer protection; CFCs, see chapter 342C.
Case Notes
Honolulu ordinances setting forth requirements for issuance of electrical contractor's license are invalid under §70-105, since this chapter indicates legislative intent to be the exclusive legislation applicable to contractors. 52 H. 550, 481 P.2d 116 (1971).
HRS §444-10.5
§444-10.5 Citation for unlicensed activity. (a) In addition to any other remedy available, the investigator may issue citations to persons acting in the capacity of or engaging in the business of a contractor within the State, without having a license previously obtained under and in compliance with this chapter and the rules promulgated thereunder. If the investigator determines that a person is acting in the capacity of, or engaging in the business of, a contractor within this State without having a license to so act or engage, the investigator may issue a citation to such person.
(b) Each citation shall be in writing and shall describe the basis of the citation, including the specific statutory provisions alleged to have been violated, and shall contain an order to cease and desist from the violation, and an assessment of civil penalties as provided in section 444-23. The citation shall also include notice of the sanctions for violating the cease and desist order. All penalties collected under this section shall be deposited in the special fund established under section 26-9.
(c) Service of a citation issued under this section shall be made by personal service whenever possible, or by certified mail, restricted delivery, sent to the last known business or residence address of the person cited.
(d) Any person served with a citation under this section may submit a written request to the director for a hearing, within twenty days from the receipt of the citation, with respect to the violations alleged, the scope of the order to cease and desist, and the amount of the civil penalties assessed.
(e) If the person cited under this section timely notifies the director of the request for a hearing, the director shall afford an opportunity for a hearing under chapter 91. The hearing shall be conducted by the director or the director may designate a hearings officer to hold the hearing. The director or any hearings officer designated by the director shall have the power to issue subpoenas, administer oaths, hear testimony, find facts, and make conclusions of law and issue a final order.
(f) If the person cited under this section does not submit a written request to the director for a hearing within twenty days from the receipt of the citation, the citation shall be deemed a final order of the director.
(g) The director may apply to the appropriate court for a judgment to enforce the provisions of any final order issued by the director or designated hearings officer pursuant to this section, including the provisions to cease and desist and for civil penalties imposed. In any proceeding to enforce the provisions of the final order of the director or designated hearings officer, the director need only show that notice was given, a hearing was held or the time granted for requesting a hearing has run without such a request, and a certified copy of the final order of the director or designated hearings officer.
(h) If any party is aggrieved by the decision of the director or the designated hearings officer, the party may appeal in the manner provided in chapter 91 to the circuit court of the circuit in which the party resides or has the party's principal place of business or in which the action in question occurred; provided that the operation of a cease and desist order shall not be stayed on appeal unless specifically ordered by a court of competent jurisdiction after applying the stay criteria enumerated in section 91-14(c).
(i) The sanctions and disposition authorized under this section shall be separate from and in addition to all other remedies either civil or criminal provided in any other applicable statutory provision. The director may adopt rules under chapter 91 as may be necessary to fully effectuate this section.
(j) The director may apply to the appropriate court for injunctive or any other relief the court deems appropriate, including a fine of not less than $10,000 for each offense, against any person who violates a cease and desist order. Each day's violation or failure to comply with a cease and desist order shall be deemed a separate offense. The allegations in the citation shall be deemed conclusively established for purposes of a proceeding for permanent or temporary relief to enforce the cease and desist order. [L 1984, c 98, §2; gen ch 1985; am L 2005, c 230, §1]
Cross References
Unlicensed contracting in door-to-door sales, see §481C-2.5.
HRS §444-10.6
§444-10.6 State of emergency or disaster; emergency licensure; penalties. (a) Notwithstanding any other provision of law to the contrary, the board may issue emergency contractor's licenses during a state of emergency or disaster duly declared by the governor under chapter 209 upon a determination by the board that a shortage of Hawaii licensed contractors exists.
(b) To qualify for an emergency contractor's license, an applicant shall:
(1) Provide proof of licensure as a contractor in another state with similar contractor licensing requirements as those in this State, that the license is current, and that it has been in good standing for the past two years;
(2) Provide proof of liability and property damage insurance, obtained through an insurer authorized to do business in this State or other insurer acceptable to the board;
(3) Submit proof of workers' compensation insurance as specified in the board's rules;
(4) Submit a current financial statement prepared by a certified public accountant and applicable credit reports as specified in the board's rules;
(5) Pay all applicable application and license fees, including recovery fund and education fund fees;
(6) Submit a state tax clearance statement; and
(7) Provide proof of bond in the amount and in such form as set forth in section 444-16.5.
(c) The classifications of emergency contractor's licenses issued and the duration of the emergency contractor's licenses shall be determined by the board based on the nature and duration of the state of emergency or disaster, and the needs and best interests of the public.
(d) The board may delegate the issuance of emergency contractor's licenses to its administrative staff; provided that the applicant shall be required to meet all of the requirements specified in this section before the issuance of the license.
(e) Any person who violates section 444-9, in connection with the offer or performance of repairs to a residential or nonresidential structure for damage caused by a natural disaster in a political subdivision for which a state of emergency or disaster is proclaimed by the governor, may be punished by a fine of up to $10,000, imprisonment up to one year, or both, in addition to all other remedies or penalties. [L 1996, c 172, pt of §2; am L 2007, c 81, §1]
HRS §444-11
§444-11 No license issued when. (a) No license hereunder shall be issued to:
(1) Any person unless the person has filed an application and paid the applicable fees;
(2) Any person unless the person meets the experience requirements as prescribed in the board's rules; provided that the board may accept experience acquired on a self-employed or unlicensed basis if the experience can be verified;
(3) Any person who does not possess a history of honesty, truthfulness, financial integrity, and fair dealing; provided that any person who during the six years prior to application has failed to satisfy an undisputed debt or a judgment relating to services or materials rendered in connection with operations as a contractor shall be presumed not to possess a history of financial integrity;
(4) Any person unless the person has successfully passed a written examination as prescribed by the board;
(5) Any individual unless the individual is age eighteen years or more;
(6) Any joint venture which is not exempt under section 444-2(8) unless the contracting business thereof is under the direct management of a member or employee thereof, and unless the member or employee holds an appropriate license;
(7) Any individual who is unable to qualify as a contractor or any partnership or corporation, unless the contracting business of the individual, partnership, or corporation is under the direct management of an employee, partner, or officer thereof who holds an appropriate license;
(8) Any person unless the person submits satisfactory proof to the board that the person has obtained workers' compensation insurance, or has been authorized to act as a self-insurer under chapter 386 or is excluded from the requirements of chapter 386;
(9) Any person unless the person submits satisfactory proof to the board that the person has obtained liability insurance; or
(10) Any person unless the person submits a bond if required by the board under section 444-16.5.
(b) Any license issued hereunder shall not be renewed if the licensee no longer meets any of the foregoing qualifications.
(c) An application shall be considered abandoned if the application is not completed and the required documents or other information are not submitted to the board within two years from the last date the documents or information were requested. [L 1957, c 305, §1(s 10); Supp, §166A-10; HRS §444-11; am L 1969, c 56, §2 and c 163, §2; am L 1971, c 191, §1; am L 1972, c 2, §18; am L 1975, c 41, §1; am L 1983, c 201, §2; am L 1985, c 67, §1; gen ch 1985; am L 1986, c 319, §1; am L 1992, c 258, §3 and c 269, §3; am L 1995, c 20, §2]
HRS §444-11.1
§444-11.1 Requirements to maintain license. (a) A licensed contractor shall have and maintain in full force and effect the following:
(1) Workers' compensation insurance; unless the licensee is authorized to act as a self-insurer under chapter 386 or is excluded from the requirements of chapter 386;
(2) Liability insurance from an insurance company or agency for comprehensive personal injury and property damage liability; and
(3) Bond when required by the board, under section 444-16.5.
(b) Failure, refusal, or neglect of any licensed contractor to maintain in full force and effect, the applicable workers' compensation insurance, liability insurance, or bond shall cause the automatic forfeiture of the license of the contractor effective as of the date of expiration or cancellation of the contractor's workers' compensation insurance, liability insurance, or bond.
(c) The board shall not restore the forfeited license until satisfactory proof of continuous insurance and bond coverages is submitted to the board as required by this section.
(d) Failure to restore a license within sixty days after the date of forfeiture shall result in the forfeiture of all fees and shall require the person to apply as a new applicant.
(e) The board may assess a fee not to exceed $1,000, impose a bond, or restrict the license as a condition for the restoration of a license forfeited pursuant to this section.
(f) A licensee may, within sixty days after receipt of the notification of the forfeiture, request an administrative hearing to review the forfeiture pursuant to chapter 91. [L 1982, c 175, §1; am L 1995, c 20, §3]
Case Notes
No violation of public policy where plaintiff's insurance policy did not satisfy defendant general contractor's statutory coverage requirements pursuant to this section; this section regulates only the insurance coverage general contractors must maintain and not the coverage insurance companies must provide. 725 F. Supp. 2d 1219 (2010).
HRS §444-14
§444-14 Place of business and posting of license. (a) A licensed contractor shall have, maintain, and operate from a definite place of business in the State and shall display therein his or her contractor's license.
(b) The licensed contractor shall report any change of address or telephone number to the contractors license board within ten business days from such change. [L 1957, c 305, §1(s 13); Supp, §166A-13; HRS §444-14; am L 1975, c 129, §1]
HRS §444-15
§444-15 Fees; biennial renewals; inactive license. (a) The biennial renewal fee or inactive license fee, and the recovery fund, education fund, and compliance resolution fund fees shall be paid to the board on or before September 30 of each even-numbered year. These fees shall be as provided in rules adopted by the director pursuant to chapter 91. Failure, neglect, or refusal of any licensee to pay these fees and to submit all documents required by the board on or before September 30 of each even-numbered year shall constitute a forfeiture of the licensee's license.
(b) Any forfeited license may be restored upon submittal of all required documents and fees, plus a penalty fee, within sixty days from September 30 of the even-numbered year.
(c) Upon written request of a licensee, the board may place that person's active license in an inactive status. The licensee, upon payment of the inactive license fee, may continue inactive for the biennial period. Failure, neglect, or refusal of any licensee in inactive status to pay the inactive license fee shall constitute a forfeiture of the license. The license may be reactivated at any time during the biennial period by making written request to the board and by fulfilling all the requirements, including the payment of the appropriate fees. While in an inactive status, a licensee shall not engage in contracting; a licensee who violates this prohibition shall be subject to discipline under this chapter and the board's rules.
(d) For purposes of this chapter, the dishonoring of any check upon first deposit shall constitute a failure to meet the fee requirements. [L 1957, c 305, §1(s 14); am L 1961, c 184, §2(a); am L 1965, c 241, §3; Supp, §166A-14; HRS §444-15; am L 1969, c 56, §3; am L 1975, c 118, §9; am L 1977, c 152, §1; am L 1980, c 30, §1; gen ch 1985; am L 1988, c 109, §2; am L 1992, c 202, §67; am L 1994, c 132, §1; am L 1995, c 20, §5; am L 1997, c 7, §1]
HRS §444-16.5
§444-16.5 Bond. The contractors license board may require each licensee, applicant, individual or corporate, who is a specialty contractor to put up bond in the sum of not less than $5,000 executed by the licensee or applicant as principal and by a surety company authorized to do business in the State as surety.
The board may require each licensee, applicant, individual or corporate, who is a general contractor to put up a bond in the sum of not less than $5,000 executed by the licensee or applicant as principal and by a surety company authorized to do business in the State as surety.
The board, in exercising its discretion, shall take into consideration the licensee's or applicant's financial condition and experience in the field.
The bond shall be in a form as the board may prescribe, conditioned upon the payment of wages, as defined in section 104-1, to the employees of the contractor or any other person or entity entitled to wages when due, and giving employees or any other person or entity entitled to wages who have not been paid a right of action on the bond in their own names; and upon the honest conduct of the business of the licensee, and upon the right of any person injured or damaged by any wrongful act of the licensee to bring an action on the bond; provided that any claim for wages shall have priority over all other claims. [L 1969, c 234, §1; gen ch 1985; am L 1986, c 319, §2; ree L 1988, c 141, §50; am L 2015, c 165, §3]
HRS §444-17
§444-17 Revocation, suspension, and renewal of licenses. In addition to any other actions authorized by law, the board may revoke any license issued pursuant to this section, or suspend the right of a licensee to use a license, or refuse to renew a license for any cause authorized by law, including:
(1) Any dishonest, fraudulent, or deceitful act as a contractor that causes substantial damage to another;
(2) Engaging in any unfair or deceptive act or practice as prohibited by section 480-2;
(3) Abandonment of any construction project or operation without reasonable or legal excuse;
(4) Wilful diversion of funds or property received for prosecution or completion of a specific construction project or operation, or for a specified purpose in the prosecution or completion of any construction project or operation, and the use thereof for any other purpose;
(5) Wilful departure from, or wilful disregard of plans or specifications in any material respect without consent of the owner or the owner's duly authorized representative, that is prejudicial to a person entitled to have the construction project or operation completed in accordance with those plans and specifications;
(6) Wilful violation of any law of the State, or any county, relating to building, including any violation of any applicable rule of the department of health, or of any applicable safety or labor law;
(7) Failure to make and keep records showing all contracts, documents, records, receipts, and disbursements by a licensee of all the licensee's transactions as a contractor for a period of not less than three years after completion of any construction project or operation to which the records refer or to permit inspection of those records by the board;
(8) When the licensee being a partnership or a joint venture permits any partner, member, or employee of the partnership or joint venture who does not hold a license to have the direct management of the contracting business thereof;
(9) When the licensee being a corporation permits any officer or employee of the corporation who does not hold a license to have the direct management of the contracting business thereof;
(10) Misrepresentation of a material fact by an applicant in obtaining a license;
(11) Failure of a licensee to complete in a material respect any construction project or operation for the agreed price if the failure is without legal excuse;
(12) Wilful failure in any material respect to comply with this chapter or the rules adopted pursuant thereto;
(13) Wilful failure or refusal to prosecute a project or operation to completion with reasonable diligence;
(14) Wilful failure to pay when due a debt incurred for services or materials rendered or purchased in connection with the licensee's operations as a contractor when the licensee has the ability to pay or when the licensee has received sufficient funds therefor as payment for the particular operation for which the services or materials were rendered or purchased;
(15) The false denial of any debt due or the validity of the claim therefor with intent to secure for a licensee, the licensee's employer, or other person, any discount of the debt or with intent to hinder, delay, or defraud the person to whom the debt is due;
(16) Failure to secure or maintain workers' compensation insurance, unless the licensee is authorized to act as a self-insurer under chapter 386 or is excluded from the requirements of chapter 386;
(17) Entering into a contract with an unlicensed contractor involving work or activity for the performance of which licensing is required under this chapter;
(18) Performing service on a residential or commercial air conditioner using CFCs without using refrigerant recovery and recycling equipment;
(19) Performing service on any air conditioner after January 1, 1994, without successful completion of an appropriate training course in the recovery and recycling of CFC and HCFC refrigerants, which included instruction in the proper use of refrigerant recovery and recycling equipment that is certified by Underwriters Laboratories, Incorporated;
(20) Violating chapter 342C;
(21) Failure to pay delinquent taxes, interest, and penalties assessed under chapter 237 that relate to the business of contracting, or to comply with the terms of a conditional payment plan with the department of taxation for the payment of such delinquent taxes, interest, and penalties; and
(22) Knowingly or intentionally employing a person to perform work under a contract subject to chapter 104 who is not eligible to work in the United States under federal law. [L 1957, c 305, §1(s 16); am L Sp 1959 2d, c 1, §19; am L 1965, c 36, §1; Supp, §166A-16; HRS §444-17; am L 1969, c 64, §1 and c 163, §3; am L 1974, c 205, §2(12); am L 1975, c 41, §1; gen ch 1985; am L 1989, c 77, §11; am L 1990, c 316, §9; am L 1992, c 202, §69, c 264, §9, and c 269, §4; am L 1995, c 20, §6; am L 1996, c 43, §1; am L 2009, c 145, §1; am L 2010, c 185, §§1, 3]
Attorney General Opinions
Par. (15): Liability to pay moneys into employees' trust funds is within coverage of this paragraph. Att. Gen. Op. 68-7.
Case Notes
A material misrepresentation in violation of paragraph (10) need not be either fraudulent or intentional. 88 H. 264, 965 P.2d 806 (1998).
Misrepresentation was "material" for purposes of license suspension under paragraph (10) where contractor's answers on license application regarding past debts and bankruptcy were false, and which, if correctly answered, may have caused contractors license board to request applicant to appear before board, provide additional information, and issue only a conditional license or deny the issuance of a license. 88 H. 264, 965 P.2d 806 (1998).
HRS §444-2
§444-2 Exemptions. This chapter shall not apply to:
(1) Officers and employees of the United States, the State, or any county while in the performance of their governmental duties;
(2) Any person acting as a receiver, trustee in bankruptcy, personal representative, or any other person acting under any order or authorization of any court;
(3) A person who sells or installs any finished products, materials, or articles of merchandise that are not actually fabricated into and do not become a permanent fixed part of the structure, or to the construction, alteration, improvement, or repair of personal property;
(4) Any project or operation for which the aggregate contract price for labor and materials is not more than $1,500. This exemption shall not apply in any case where a building permit is required regardless of the aggregate contract price, nor where the undertaking is only a part of a larger or major project or operation, whether undertaken by the same or a different contractor or in which a division of the project or operation is made in contracts of amounts not more than $1,500 for the purpose of evading this chapter or otherwise;
(5) A registered architect or professional engineer acting solely in the person's professional capacity;
(6) Any person who engages in the activities regulated in this chapter as an employee with wages as the person's sole compensation;
(7) Owner-builders exempted under section 444-2.5;
(8) Any joint venture if all members thereof hold licenses issued under this chapter;
(9) Any project or operation where it is determined by the board that less than ten persons are qualified to perform the work in question and that the work does not pose a potential danger to public health, safety, and welfare; or
(10) Any public works project that requires additional qualifications beyond those established by the licensing law and which is deemed necessary and in the public interest by the contracting agency. [L 1957, c 305, §1(s 2); Supp, §166A-2; HRS §444-2; am L 1969, c 163, §1; am L 1974, c 112, §1(3); am L 1975, c 128, §1; am L 1976, c 200, pt of §1; am L 1985, c 215, §1; gen ch 1985; am L 1986, c 182, §1; am L 1989, c 142, §2; am L 1992, c 258, §1 and c 269, §2; am L 1996, c 172, §3; am L 2010, c 44, §3; am L 2019, c 283, §2]
Case Notes
Defendant's motion to dismiss denied; because it was feasible that plaintiff's actions constituted that of a "professional engineer acting solely in [its] professional capacity", it was not apparent that [this chapter] barred plaintiff from bringing lawsuit. 216 F. Supp. 2d 1133 (2001).
Promise by defendant to pay plaintiff for work performed and moneys expended established an employment relationship and took matter outside of chapter under paragraph (7). 58 H. 257, 567 P.2d 824 (1977).
While a member of the public who violates the owner-builder exemption under paragraph (7) (1993) by selling or leasing the subject property within one year of completion is subject to the sanctions imposed under paragraph (7), that party is not precluded from enforcing the underlying contract with an unlicensed contractor. 92 H. 117 (App.), 987 P.2d 1015 (1999).
Pursuant to paragraph (7), homeowners did not have the benefit of, and, as to homeowners, contractor was not obligated to comply with, the disclosure provisions of §444-25.5. 109 H. 96 (App.), 123 P.3d 691 (2005).
HRS §444-2.5
§444-2.5 Owner-builder exemption. (a) This chapter shall not apply to owners or lessees of property who build or improve residential or farm buildings or structures on property for their own use, or for use by their grandparents, parents, siblings, or children, and who do not offer the buildings or structures for sale or lease; provided that:
(1) To qualify for an exemption under this section, the owner or lessee shall register for the exemption as provided in section 444-9.1;
(2) The exemption under this section shall not apply to electrical or plumbing work that must be performed only by persons or entities licensed in accordance with this chapter, unless the owner or lessee of the property is licensed for such work under chapter 448E;
(3) An owner or lessee exempted under this section shall:
(A) Supervise the construction activity on the exempt buildings or structures;
(B) Hire subcontractors appropriately licensed under this chapter to perform any part of the construction activity for which a license is required;
(C) Ensure that any electrical or plumbing work is performed by persons and entities appropriately licensed under this chapter or chapter 448E;
(D) Deduct Federal Insurance Contributions Act and withholding taxes and provide workers' compensation insurance for persons working on the construction activity who are not licensed under this chapter or chapter 448E and who shall be considered employees of the owner or lessee; and
(E) Ensure that the construction activity complies with all applicable laws, ordinances, building codes, and zoning regulations;
(4) Until completion of the construction activity, an owner or lessee exempted under this section shall make available the following records for immediate inspection upon request by the department:
(A) A copy of the building permit application;
(B) A copy of the issued building permit;
(C) Copies of all contracts with the names of all persons who performed or are performing work on the exempt buildings and structures; and
(D) Proof of payment to all persons contracted to work on the exempt buildings and structures; and
(5) Upon completion of the construction activity, an owner or lessee exempted under this section shall keep and maintain the records identified in paragraph (4) for a period of three years from completion of the construction activity and shall make the records available for inspection within seven business days upon request by the department.
(b) Proof of the sale or lease, or offering for sale or lease, of the structure within one year after completion shall be prima facie evidence that the construction or improvement of the structure was undertaken for the purpose of sale or lease; provided that this subsection shall not apply to:
(1) Residential properties sold or leased to employees of the owner or lessee;
(2) Construction or improvements performed pursuant to an approved building permit where the estimated valuation of work to be performed, as reflected in the building permit, is less than $10,000; or
(3) Any sale or lease caused by an eligible unforeseen hardship as determined by the board pursuant to subsection (c).
(c) The board shall determine the eligibility of an unforeseen hardship claimed by an owner under subsection (b); provided that an alleged unforeseen hardship shall not be deemed eligible if the board determines that the construction or improvement of the structure was undertaken for the purpose of sale or lease. An exemption for an unforeseen hardship shall not be denied solely because of lack of completion, as the term is defined in subsection (e). An owner seeking a determination of eligibility of an unforeseen hardship shall:
(1) Be in compliance with the requirements set forth in the disclosure statement required to be provided under section 444-9.1; and
(2) Submit a written application to the board at any time prior to selling, leasing, or offering to sell or lease the property describing the nature of the applicant's unforeseen hardship. The application shall include supporting documentation detailing the hardship, such as:
(A) Evidence of receipt of unemployment compensation;
(B) Tax returns;
(C) Medical records;
(D) Bank statements;
(E) Divorce decrees ordering sale of property;
(F) Mortgage default letters; or
(G) Bankruptcy filings.
The board shall communicate its determination to the owner in writing within ninety days of receiving a completed application under this subsection.
(d) Any owner or lessee of property found to have violated this section shall not be permitted to engage in any activities pursuant to this section or to register under section 444-9.1 for a period of three years. There is a rebuttable presumption that an owner or lessee has violated this section when the owner or lessee obtains an exemption from the licensing requirements of section 444-9 more than once in two years.
(e) For the purposes of this section, "completion" means the date of final inspection approval by the county.
(f) An owner or lessee exempted under this section shall not be eligible to recover from the contractors recovery fund.
(g) This section shall not apply to agricultural buildings, structures, or appurtenances thereto that do not require a building permit or are exempt from the building code. [L 2010, c 44, §2; am L 2011, c 115, §1; am L 2013, c 176, §2]
HRS §444-21
§444-21 Death or dissociation. No copartnership, joint venture, or corporation shall be deemed to have violated any provision of this chapter by acting or assuming to act as a contractor after the death or dissociation of a licensee who had the direct management of the contracting business thereof prior to final disposition by the contractors license board of an application for a license made within thirty days from the date of the death or dissociation. [L 1957, c 305, §1(s 20); Supp, §166A-20; HRS §444-21]
HRS §444-22
§444-22 Civil action. The failure of any person to comply with any provision of this chapter shall prevent such person from recovering for work done, or materials or supplies furnished, or both on a contract or on the basis of the reasonable value thereof, in a civil action, if such person failed to obtain a license under this chapter prior to contracting for such work. [L 1957, c 305, §1(s 21); Supp, §166A-21; HRS §444-22; am L 1969, c 56, §4]
Case Notes
Defendant's motion to dismiss denied; because it was feasible that plaintiff's actions constituted that of a "professional engineer acting solely in [its] professional capacity", it was not apparent that [this chapter] barred plaintiff from bringing lawsuit. 216 F. Supp. 2d 1133 (2001).
Action to recover under this section not barred when circumstances take matter outside applicability of this chapter. 58 H. 257, 567 P.2d 824 (1977).
Applicable even if party has knowledge that contractor has no license. 71 H. 175, 785 P.2d 1324 (1990).
Section permits a contractor, who performs both licensed and unlicensed work, to bring an action to recover payment for the licensed portion of the work. 86 H. 137 (App.), 948 P.2d 558 (1997).
A contract with an unlicensed contractor is not void ab initio and this section does not bar a member of the public, who is a party to such contract, from bringing suit to recover breach of contract damages from an unlicensed contractor. 92 H. 117 (App.), 987 P.2d 1015 (1999).
Where genuine issues of material fact existed as to: the services plaintiff provided to defendant that would be a basis for plaintiff's quantum meruit claim; whether plaintiff was required to be licensed under chapter 444 to provide such services; and whether such services that plaintiff rendered would be barred from recovery under this section, summary judgment was not warranted as to plaintiff's claim based on quantum meruit. 126 H. 190 (App.), 268 P.3d 443 (2011).
HRS §444-23.5
§444-23.5 Forfeiture of property for unlicensed activity. (a) If an investigator finds that a person has acted in the capacity of, or engaged in the business of a contractor within this State without having a current license as required by this chapter to so act or engage, and the person is or was a defendant or respondent in a separate citation or lawsuit filed with or by the department, the investigator may issue a notice of forfeiture of property used by the person in the unlicensed activity, and the property that is the subject of the notice of forfeiture shall be turned over to the department for disposition in accordance with this chapter.
(b) Each notice of forfeiture shall be in writing and shall describe the tools, implements, documents, materials, or any other property used by any person in unlicensed activity that violates section 444-9.
(c) The department shall make good faith efforts to locate and notify within a reasonable period of time all owners or interest-holders of property subject to a notice of forfeiture.
(d) Service of a notice of forfeiture issued under this section shall be made:
(1) If the name and current address of the unlicensed person, owner, or interest-holder is known:
(A) By personal service; or
(B) By mailing a copy of the notice to the unlicensed person, owner, or interest-holder by certified mail to the last address on record with a state agency; or
(2) If the address of the unlicensed person, owner, or interest-holder is not known or is not on record with a state agency, by public notice once as provided in section 1-28.5.
(e) An unlicensed person served with a notice of forfeiture under this section may submit a written request to the director for a hearing:
(1) Within twenty days of receipt of the notice of forfeiture, if the person is served personally or by mail; or
(2) Within twenty days of public notice of forfeiture.
If a request for a hearing is not timely filed with the director, the notice of forfeiture shall be deemed a final order of the director.
(f) An owner or interest-holder served with a notice of forfeiture, other than the unlicensed person, may file a petition for remission of forfeiture with the department within twenty days of service by personal service or mail, or within twenty days of the date of public notice, if service is by public notice. The petition shall be signed by the petitioner and sworn on oath before a notary public and shall contain the following:
(1) A reasonably complete description of the property subject to forfeiture; and
(2) A statement of the interest of the petitioner in the property subject to forfeiture, with supporting documentary evidence.
If a petition for remission of forfeiture is not timely filed with the director, the notice of forfeiture shall be deemed a final order of the director.
(g) The department shall review the petition for remission of forfeiture and, if remission is warranted, return the property subject to forfeiture to the petitioner within thirty days of receipt of the petition. If the department determines that remission is not warranted, the department shall issue a written decision to the petitioner within thirty days of receipt of the petition.
(h) A petitioner whose petition for remission has been denied may file with the director a written request for a hearing as provided under subsections (i) and (j). The written request shall be filed within twenty days of receipt of the written decision denying the petition for remission. If a request for hearing is not timely filed with the director, the notice of forfeiture shall be deemed a final order of the director.
(i) Hearings shall be subject to chapter 91 and shall be conducted by the director or a hearings officer designated by the director. The director or designated hearings officer may issue subpoenas, administer oaths, hear testimony, find facts, make conclusions of law, and issue a final order of forfeiture. The department shall have the burden to show by clear and convincing evidence that the property is subject to forfeiture. In determining whether the property is subject to forfeiture, the director or hearings officer shall consider evidence of ownership, the description of the property, and any other relevant evidence.
(j) Any person aggrieved by the decision of the director or designated hearings officer may appeal the decision in the manner provided in chapter 91, to the circuit court of the circuit in which:
(1) The person resides;
(2) The person's principal place of business is located; or
(3) The activity in question occurred.
(k) The director may file an action in the circuit court for a judgment to enforce any final order issued by the director or designated hearings officer pursuant to this section. A judgment enforcing the final order shall issue upon a showing by the director either that notice was given and a hearing was held, or, that the time granted for requesting a hearing has run without the timely filing of a request.
(l) The department may dispose of all property forfeited in accordance with this chapter by:
(1) Transferring property to any local or state government entity, municipality, or law enforcement agency within the State;
(2) Selling property to the public by public sale; or
(3) Using any other means of disposition authorized by law.
(m) All proceeds of a forfeiture action conducted pursuant to this section, after payment of expenses of administration and sale, shall be deposited in the compliance resolution fund established under section 26-9(o). Moneys in the fund shall be appropriated for the payment of any expenses necessary to seize, detain, appraise, inventory, safeguard, maintain, advertise, or sell property seized, detained, or forfeited pursuant to this section or any other necessary expenses incident to the seizure, detention, or forfeiture of such property.
(n) Forfeiture under this section shall be separate from and in addition to all other applicable remedies, either civil or criminal. This section shall not apply to the violations set forth in section 444-23(a) and (b).
(o) The director may adopt rules as necessary to fully effectuate this section. [L 2000, c 291, §2; am L 2003, c 3, §15]
HRS §444-24
§444-24 Injunction. The contractors license board may, in addition to any other remedies available, apply to a circuit judge for a preliminary or permanent injunction restraining any person from acting, or assuming to act, or advertising, as general engineering contractor, general building contractor, or specialty contractor, without a license previously obtained under and in compliance with this chapter and the rules and regulations of the board, and upon hearing and for cause shown, the judge may grant the preliminary or permanent injunction. [L 1965, c 13, §1; Supp, §166A-23; HRS §444-24]
Rules of Court
Injunctions, see HRCP rule 65.
HRS §444-25
§444-25 Payment for goods and services. A contractor shall pay the contractor's subcontractor for any goods and services rendered within ten days after receipt of an invoice by the subcontractor that includes any supporting documents as required by the terms of the subcontract and after receipt by the contractor of payment from the owner for the subcontractor's work, whichever occurs later. The subcontractor shall be entitled to receive interest on the unpaid amount at the rate of one and one-half per cent per month from the date payment is due; provided that this section shall not apply if the delay in payment is due to a bona fide dispute between the contractor and the subcontractor concerning the goods and services contracted for.
If payment is contingent upon receipt of funds held in escrow or trust, the contractor shall clearly state this fact in the contractor's solicitation of bids. If the solicitation for bids contains the statement that the time of payment is contingent upon the receipt of funds held in escrow or trust and a contract is awarded in response to the solicitation, interest shall not begin to accrue upon any unpaid balance until after the tenth day following receipt by the contractor of an invoice by the subcontractor that includes any supporting documents as required by the terms of the subcontract and receipt of the escrow or trust funds, whichever occurs later; provided that this section shall not apply if the delay in payment is due to a bona fide dispute between the subcontractor and the contractor concerning the goods and services contracted for.
This section shall not apply to chapter 103 or any section affecting public contracts. [L 1969, c 147, §2; am L 1971, c 92, §1; gen ch 1985; am L 2012, c 260, §2]
Note
L 2012, c 260, §3 provides:
"This Act [amending §444-25] shall not apply to the payment terms of previously binding written private contracts entered into, construction bids opened, or request for proposals solicited prior to July 1, 2012."
HRS §444-25.5
§444-25.5 Disclosure; contracts. (a) Prior to entering into a contract with a homeowner, or at the time a homeowner signs a contract, involving home construction or improvements, licensed contractors shall:
(1) Explain verbally in detail to the homeowner all lien rights of all parties performing under the contract, including the homeowner, the contractor, any subcontractor, or any materialman supplying commodities or labor on the project;
(2) Explain verbally in detail the homeowner's option to demand bonding on the project, how the bond would protect the homeowner, and the approximate expense of the bond; and
(3) Disclose all information pertaining to the contract and its performance and any other relevant information that the board may require by rule.
(b) All licensed contractors performing home construction or improvements shall provide a written contract to the homeowner. The written contract shall:
(1) Contain the information provided in subsection (a) and any other relevant information that the board may require by rule;
(2) Contain notice of the contractor's right to resolve alleged construction defects prior to commencing any litigation in accordance with section 672E-11;
(3) Be signed by the contractor and the homeowner; and
(4) Be executed prior to the performance of any home construction or improvement.
(c) For the purpose of this section, "homeowner" means the owner or lessee of residential real property, including owners or lessees of condominium or cooperative units, notwithstanding owner-builder status.
(d) Any violation of this section shall be deemed an unfair or deceptive practice and shall be subject to provisions of chapter 480, as well as the provisions of this chapter. [L 1975, c 183, §4; am L 1984, c 95, §8; am L 1989, c 306, §1; am L 1995, c 20, §7; am L 2004, c 119, §3; am L 2013, c 176, §4]
Case Notes
Where plaintiff did not provide to homeowners the lien disclosure notices before or upon signing of the contract or prior to the commencement of the work as required by subsection (a), plaintiff's conduct was an unfair or deceptive practice that rendered its contract void and unenforceable at law or in equity under §480-12; thus, plaintiff was not entitled to a lien upon homeowners' property under §507-42, and trial court did not err in dismissing its lien application. 111 H. 349, 141 P.3d 996 (2006).
As §480-12 voided the contract between homeowner and contractor, §§507-42 and 480-12 precluded the imposition of a §507-42 lien upon the homeowner's property by contractor who failed to comply with the requirements of this section. 96 H. 365 (App.), 31 P.3d 222 (2001).
In light of the purpose of this section and the specific duties it explicitly imposes on "any licensed contractor entering into a contract involving home improvements", the law does not permit a homeowner to waive his or her rights specified therein. 96 H. 365 (App.), 31 P.3d 222 (2001).
Subsection (d) and §480-12 do not preclude some recovery in quantum meruit from a homeowner by a contractor who fails to comply with the requirements of this section; the amount cannot exceed the amount that would have been due the general contractor under the contract had the contract not been void, less the amount previously paid the contractor and the total of the amount paid and owed to all subcontractors and materialmen. 96 H. 365 (App.), 31 P.3d 222 (2001).
Pursuant to §444-2(7), homeowners did not have the benefit of, and, as to homeowners, contractor was not obligated to comply with, the disclosure provisions of this section. 109 H. 96 (App.), 123 P.3d 691 (2005).
HRS §444-25.7
[§444-25.7] Roofing contractors guarantee bond. (a) Every contract executed for the purpose of constructing, repairing or improving a roof covering, which contract states a guarantee for workmanship for a period in excess of seven years, shall be accompanied by a bond, executed by the licensee as principal and by a surety company authorized to do business in the State as a surety, for the replacement value of such roof covering; provided that no surety company shall be compelled to issue a bond for any guarantee pursuant to a contract under this section which it would not ordinarily bond or consider to be a bondable project.
(b) Such bond shall be for the exclusive benefit of, and be limited to, an owner or lessee of a private residence, including a condominium or cooperative unit, who has contracted with a duly licensed contractor for the construction of a roof covering to the owner's or lessee's own private residence and who has filed an appropriate claim for the replacement value of a roof covering which has become faulty or defective within the stated guarantee period.
(c) The surety bond shall be continuous in form and the total aggregate liability of the surety for all claims shall be limited to the face amount of the bond irrespective of the number of years the bond is in force.
(d) Any claim or subsequent action to make a claim against the bond shall be brought not later than one year after the expiration of the guarantee period for which the bond has been provided. Claims against the bond, as provided in this section, shall not in any way supersede or prevent claims made under section 444-26 or any other appropriate statute or law.
(e) Every contractor licensed to perform under this chapter shall, prior to entering into a contract covered by this section, provide to the owner appropriate information to evidence the existence of the bond and its conditions in writing.
(f) Bonds required under this section shall be in addition to any other bond required by this chapter or any other bond required or executed between a contractor and an owner or other contracting agency.
(g) Any violation by any contractor of any provision of this section or failure to maintain in full force and effect any bond required by this section, shall be deemed to be an unfair and deceptive act or practice. [L 1980, c 289, §1; gen ch 1985]
HRS §444-26
§444-26 Contractors recovery fund; use of fund; person injured; fees. (a) The board is authorized to establish and maintain a contractors recovery fund from which any person injured by an act, representation, transaction, or conduct of a duly licensed contractor that is in violation of this chapter or the rules adopted pursuant thereto may recover, by order of the circuit court or district court of the judicial circuit where the violation occurred, an amount of not more than $12,500 per contract, regardless of the number of persons injured under the contract, for damages sustained from the act, representation, transaction, or conduct. Recovery from the fund shall be limited to the actual damages suffered by the claimant, including court costs and fees as set by law and reasonable attorney fees as determined by the court; provided that recovery from the fund shall not be awarded to persons injured by an act, representation, transaction, or conduct of a contractor whose license was suspended, revoked, forfeited, terminated, or in an inactive status at the time the claimant entered into the contract with the contractor.
(b) For purposes of this chapter, "person injured" or "injured person" means and is limited to owners or lessees of private residences, including condominium or cooperative units, who have contracted with a duly licensed contractor for the construction of improvements or alterations to the owners' or lessees' own private residences and owners or lessees of real property who have contracted with a duly licensed contractor for the construction of the owners' or lessees' own private residences on the owners' or lessees' real property.
(c) When any person applies for a contractors license, the person shall pay, in addition to the person's original license fee, a fee of $150 for deposit in the contractors recovery fund and a fee for deposit in the contractors education fund as provided in rules adopted by the director pursuant to chapter 91. If the board does not issue the license, these fees shall be returned to the applicant. [L 1973, c 170, pt of §1; am L 1976, c 144, §1; am L 1977, c 127, §1 and c 152, §2; am L 1983, c 201, §4; gen ch 1985; am L 1989, c 209, §1; am L 1994, c 132, §2; am L 1995, c 20, §8; am L 2019, c 29, §§7, 18(2); am L 2020, c 12, §§1, 8; am L 2021, c 230, §15]
HRS §444-27
§444-27 Additional payments to fund. (a) At any time when the balance remaining in the contractors recovery fund is less than $250,000, the board may assess every contractor a fee not to exceed $500 annually for deposit in the contractors recovery fund.
(b) The failure of any contractor to pay the assessment within sixty days from the date of assessment shall constitute a forfeiture of the contractor's license. The board may impose other penalties or requirements as a condition of restoration of the license. [L 1973, c 170, pt of §1; am L 1977, c 127, §2; am L 1983, c 201, §5; gen ch 1985; am L 1994, c 132, §3]
HRS §444-28
§444-28 Statute of limitations; recovery from fund. (a) No action for an arbitration award or for a judgment which may subsequently result in an order for collection from the contractors recovery fund shall be commenced later than six years from the accrual of the cause of action thereon. When any injured person commences action for an arbitration award or for a judgment which may result in collection from the contractors recovery fund, the injured person shall notify the board in writing to this effect at the time of the commencement of such action. The board shall have the right to intervene in and defend any such action. Nothing in this section shall supersede the statute of limitations as contained in section 657-8.
(b) When any injured person recovers a valid judgment in any circuit court or district court of the county where the violation occurred against any licensed contractor for such act, representation, transaction, or conduct which is in violation of the provisions of this chapter or the regulations promulgated pursuant thereto, which occurred on or after June 1, 1974, the injured person may, upon the termination of all proceedings, including reviews and appeals in connection with the judgment, file a verified claim in the court in which the judgment was entered and, upon ten days' written notice to the contractors license board, may apply to the court for an order directing payment out of the contractors recovery fund, of the amount unpaid upon the judgment, subject to the limitations stated in this section. Before proceeding against the contractors recovery fund, the injured person must first proceed against any existing bond covering the licensed contractor.
(c) The court shall proceed upon such application in a summary manner, and, upon the hearing thereof, the injured person shall be required to show:
(1) The injured person is not a spouse of debtor, or the personal representative of such spouse.
(2) The injured person has complied with all the requirements of this section.
(3) The injured person has obtained a judgment as set out in subsection (b) of this section, stating the amount thereof and the amount owing thereon at the date of the application.
(4) The injured person has made all reasonable searches and inquiries to ascertain whether the judgment debtor is possessed of real or personal property or other assets, liable to be sold or applied in satisfaction of the judgment.
(5) That by such search the injured person has discovered no personal or real property or other assets liable to be sold or applied, or that the injured person has discovered certain of them, describing them, owned by the judgment debtor and liable to be so applied, and that the injured person has taken all necessary action and proceedings for the realization thereof, and that the amount thereby realized was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due on the judgment after application of the amount realized.
(d) The court shall make an order directed to the contractors license board requiring payment from the contractors recovery fund of whatever sum it shall find to be payable upon the claim, pursuant to the provisions of and in accordance with the limitations contained in this section, if the court is satisfied, upon the hearing of the truth of all matters required to be shown by the injured person by subsection (c) of this section and that the injured person has fully pursued and exhausted all remedies available to the injured person for recovering the amount awarded by the judgment of the court.
(e) The license of the contractor shall be automatically terminated upon execution of a settlement agreement requiring payment from the contractors recovery fund or the issuance of a court order authorizing payment from the contractors recovery fund. No contractor shall be eligible to receive a new license until the contractor has repaid in full, plus interest at the rate of ten per cent a year, the amount paid from the contractors recovery fund on the contractor's account. A discharge in bankruptcy shall not relieve a person from the penalties and disabilities provided in this subsection.
(f) If, at any time, the money deposited in the contractors recovery fund is insufficient to satisfy any duly authorized claim or portion thereof, the contractors license board shall, when sufficient money has been deposited in the contractors recovery fund, satisfy such unpaid claims or portions thereof, in the order that such claims or portions thereof were originally filed.
(g) With respect to the repair or alteration of an existing residential building or structure or any appurtenance thereto, including but not limited to swimming pools, retaining walls, garages or sprinkling systems, initial construction of such appurtenances, and landscaping of private residences, including condominium or cooperative units, pursuant to a contract between the owner and a licensed contractor for which the owner has paid the contractor in full, should, because of the contractor's default, a mechanic's or materialman's lien be enforced against the property pursuant to section 507-47, the court hearing the action shall award such an owner or the owner's assigns a valid judgment against the contractor in an amount equal to the amount of the lien together with reasonable attorney's fees as determined by the court. The judgment shall include an order directing payment out of the contractors recovery fund. Notwithstanding any other provisions of this section to the contrary, the owner or the owner's assigns need not meet any other requirement to secure payment from the contractors recovery fund, except that notice of the lien enforcement hearing shall be given to the contractors license board so it may appear pursuant to section 444-31. [L 1973, c 170, pt of §1; am L 1975, c 183, §1; am L 1977, c 127, §3; gen ch 1985; am L 1992, c 258, §§5, 6]
Case Notes
Building material supplier could recover from fund where action against contractor began prior to 1977 amendments. 63 H. 540, 632 P.2d 649 (1981).
HRS §444-29
§444-29 Management of fund. (a) The sums received by the contractors license board for deposit in the contractors recovery fund shall be held by the contractors license board in trust for carrying out the purposes of the contractors recovery fund. The contractors license board, as trustee of the recovery fund, shall be authorized to retain private legal counsel to represent the board in any action which may result in collection from the contractors recovery fund. These funds may be invested and reinvested in the same manner as funds of the state employees' retirement system, and the interest from these investments shall be deposited to the credit of the contractors education fund.
(b) The contractors education fund, which is hereby created, shall be available to the contractors license board for educational purposes.
(c) Any law to the contrary notwithstanding, to maintain a reasonable relation between the fees generated and the cost of services rendered by the contractors recovery fund and the contractors education fund, the board may make a finding that a fee adjustment is appropriate and adjust the fees generated by renewals accordingly. For the purposes of finding that a fee adjustment is appropriate in order to maintain a reasonable relation between the fees generated and the cost of services rendered by the funds, the board's review shall include the following:
(1) Frequency and timing of anticipated revenue to the fund;
(2) Identification of a reserve amount based on unanticipated revenue reductions and historical expenditures;
(3) Anticipated expenses paid, including recovery payouts during a biennial budget cycle;
(4) Unanticipated natural disasters or catastrophic weather events that may increase fund payments; and
(5) Any statutory adjustments to fund payout amounts.
The balance in each fund shall not exceed sums determined by the board. The sums shall be determined by the board biennially. [L 1973, c 170, pt of §1; am L 2019, c 29, §§8, 18(2); am L 2020, c 12, §§2, 8]
Attorney General Opinions
Governs hiring of attorneys for board; compliance with §103-3 unnecessary. Att. Gen. Op. 86-9.
HRS §444-3
§444-3 Contractors license board. (a) There shall be a contractors license board of thirteen members.
(b) Of the board members:
(1) Ten shall be contractors who have been actively engaged in the contracting business for a period of not less than five years preceding the date of their appointment;
(2) Five shall be general engineering or building contractors, five shall be specialty contractors, and three shall be noncontractors. No member shall receive any compensation for the member's services, but each shall be reimbursed for necessary traveling expenses incurred in the performance of duties.
(c) Each county shall be represented on the board.
(d) No one, except the three noncontractor members, shall be eligible for appointment who does not at the time of the member's appointment hold a valid and unexpired license to operate as a contractor. [L 1957, c 305, §1(s 3); am L Sp 1959 2d, c 1, §§5, 6, 15; am L 1963, c 114, §3; am L 1965, c 279, §1; Supp, §166A-3; HRS §444-3; am L 1982, c 204, §8; am L 1983, c 124, §17 and c 275, §1; am L 1992, c 202, §63; am L 1993, c 322, §5]
HRS §444-30
[§444-30] False statement. It shall constitute a misdemeanor for any person or the person's agent to file with the contractors license board any notice, statement, or other document required under the provisions of this chapter, which is false or untrue or contains any material misstatement of fact. [L 1973, c 170, pt of §1; gen ch 1985]
HRS §444-31
[§444-31] The contractors license board has standing in court. When the contractors license board receives notice, as provided in section 444-28(a), the contractors license board may enter an appearance, file an answer, appear at the court hearing, defend the action or take whatever other action it may deem appropriate. The contractors license board or its legal representative shall be served with all pleadings in an action which may result in a recovery from the contractors recovery fund.
Settlement of any claim against the contractors recovery fund shall be made only with the unanimous agreement of the contractors license board, director of commerce and consumer affairs and attorney general that settlement is in the best interest of the contractors recovery fund. [L 1973, c 170, pt of §1; am L 1982, c 204, §8; am L 1983, c 124, §17]
HRS §444-32
[§444-32] Subrogation to rights of creditor. When, upon the order of the court, the contractors license board has paid from the contractors recovery fund any sum to the judgment creditor, the contractors license board shall be subrogated to all of the rights of the judgment creditor and the judgment creditor shall assign all the judgment creditor's right, title and interest in the judgment to the contractors license board and any amount and interest so recovered by the contractors license board on the judgment shall be deposited to the credit of said fund. [L 1973, c 170, pt of §1; gen ch 1985]
HRS §444-35
§444-35 Disciplinary action against licensee. Nothing contained herein shall limit the authority of the contractors license board to take disciplinary action against any licensee for a violation of any of the provisions of chapter 444, or of the rules and regulations of the contractors license board; nor shall the repayment in full of all obligations to the contractors recovery fund by any licensed contractor nullify or modify the effect of any other disciplinary proceeding brought pursuant to the provisions of chapter 444 or the rules and regulations. [L 1973, c 170, pt of §1; am L 1975, c 183, §3]
HRS §444-4
§444-4 Powers and duties of board. In addition to any other powers and duties authorized by law, the board shall:
(1) Grant licenses, including conditional licenses, to contractors pursuant to this chapter and rules;
(2) Adopt, amend, or repeal such rules as the board may deem proper fully to effectuate this chapter and carry out the purpose thereof, which is the protection of the general public. All rules shall be approved by the governor and the director, and when adopted pursuant to chapter 91, shall have the force and effect of law. The rules may forbid acts or practices deemed by the board to be detrimental to the accomplishment of the purpose of this chapter. The rules may require contractors to make reports to the board containing any items of information as will better enable the board to enforce this chapter and rules, or as will better enable the board from time to time to amend the rules more fully to effectuate the purposes of this chapter. The rules may require contractors to furnish reports to owners containing any matters of information as the board deems necessary to promote the purpose of this chapter. The enumeration of specific matters which may properly be made the subject of rules shall not be construed to limit the board's general power to make all rules necessary fully to effectuate the purpose of this chapter;
(3) Adopt rules pursuant to chapter 91 necessary to implement the provisions of this chapter relating to CFCs, including, but not limited to, procedures for the disposal of air conditioning units utilizing CFCs that include mandatory recovery and recycling of CFCs;
(4) Enforce this chapter and rules adopted pursuant thereto;
(5) Suspend or revoke any license for any cause prescribed by this chapter, or for any violation of the rules, and refuse to grant, renew, restore, or reinstate any license for any cause which would be grounds for revocation or suspension of a license;
(6) Publish and distribute pamphlets and circulars containing any information as the board deems proper to further the accomplishment of the purpose of this chapter;
(7) Contract for professional testing services to prepare, administer, and grade the examinations for applicants as may be required for the purposes of this chapter. The board shall determine the scope and length of the examinations, whether the examinations shall be oral, written, or both, and the score that shall be deemed a passing score;
(8) Order summary suspension of a license; provided that summary suspensions may be delegated in accordance with section 436B-23;
(9) Issue informal nonbinding interpretations or declaratory rulings, and conduct contested case proceedings pursuant to chapter 91; and
(10) Subpoena witnesses and documents, administer oaths, receive affidavits and oral testimony, including telephonic communications. [L 1957, c 305, §1 (pt of §4); am L 1965, c 96, §107; Supp, pt of §166A-4; HRS §444-4; am L 1973, c 117, §1; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1985, c 160, §1; am L 1989, c 77, §10 and c 268, §1; am L 1990, c 316, §8; am L 1992, c 202, §64; am L 1995, c 20, §1]
Case Notes
Rulemaking authority of the board. 51 H. 673, 466 P.2d 1009 (1970).
HRS §444-5
§444-5 Other assistants. Subject to chapter 76 the department may employ and remove such administrative and clerical assistants as the contractors license board may require. [L 1957, c 305, §1 (pt of §4); am L Sp 1959 2d, c 1, §15; am L 1963, c 114, §3; Supp, pt of §166A-4; am L 1967, c 85, §3; HRS §444-5; am L 1974, c 112, §1(4); am L 1982, c 204, §8; gen ch 1985; am L 1992, c 202, §65; am L 2000, c 253, §150]
HRS §444-7
§444-7 Classification. (a) For the purpose of classification, the contracting business includes any or all of the following branches:
(1) General engineering contracting;
(2) General building contracting;
(3) Specialty contracting.
(b) A general engineering contractor is a contractor whose principal contracting business is in connection with fixed works requiring specialized engineering knowledge and skill, including the following divisions or subjects: irrigation, drainage, water power, water supply, flood control, inland waterways, harbors, docks and wharves, shipyards and ports, dams and hydroelectric projects, levees, river control and reclamation works, railroads, highways, streets and roads, tunnels, airports and airways, sewers and sewage disposal plants and systems, waste reduction plants, bridges, overpasses, underpasses and other similar works, pipelines and other systems for the transmission of petroleum and other liquid or gaseous substances, parks, playgrounds and other recreational works, refineries, chemical plants and similar industrial plants requiring specialized engineering knowledge and skill, powerhouses, power plants and other utility plants and installations, mines and metallurgical plants, land levelling and earth-moving projects, excavating, grading, trenching, paving and surfacing work and cement and concrete works in connection with the above mentioned fixed works.
(c) A general building contractor is a contractor whose principal contracting business is in connection with any structure built, being built, or to be built, for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind, requiring in its construction the use of more than two unrelated building trades or crafts, or to do or superintend the whole or any part thereof.
(d) A specialty contractor is a contractor whose operations as such are the performance of construction work requiring special skill such as, but not limited to, electrical, drywall, painting and decorating, landscaping, flooring, carpet laying by any installation method, plumbing, or roofing work, and others whose principal contracting business involves the use of specialized building trades or crafts. [L 1957, c 305, §1(s 6); Supp, §166A-6; HRS §444-7; am L 1989, c 162, §1]
HRS §444-7.5
[§444-7.5] Asbestos contractors. (a) The board shall provide for the licensure or permitted activities as a specialty contractor of any person who engages in any activity involving the application, enclosure, removal, encapsulation, renovation, repair, demolition, or other disturbances of friable asbestos or asbestos-containing material that may become friable during the activity; provided that this section shall not apply to activities such as maintenance, repair, or removal of asbestos pipe or sheets, vinyl asbestos floor materials or asbestos-bituminous or resinous material as well as other activities that the board may exempt which are incidental to the primary purpose for which the contractor holds a license and if they were performed in a manner that no health hazard is posed to the public, the contractor, or the contractor's employees.
(b) No person shall be licensed as an asbestos contractor unless that person meets all requirements of subsection (c) in addition to the requirements in section 444-11.
(c) The licensing requirements and procedures, and the standards of conduct for individuals licensed as an asbestos contractor shall be as provided by rules and shall include, but shall not be limited to, provisions for the following:
(1) Examination;
(2) Registration of employees;
(3) Training, experience, and any other certification standards for contractors and their employees;
(4) Protective equipment standards;
(5) Application, enclosure, removal, encapsulation, renovation, repair and demolition procedures;
(6) Hazardous waste disposal;
(7) Clean-up procedures;
(8) Monitoring;
(9) Health examinations;
(10) Continuing education;
(11) Administrative procedures; and
(12) Fees.
The board shall consult with and shall initiate and maintain cooperative agreements with the departments of health, and labor and industrial relations, or any other state, federal, or county departments or agencies and the University of Hawaii or their community colleges in the development of these rules, and to develop procedures and methods for the enforcement of any asbestos activity.
(d) The board, the departments of commerce and consumer affairs, labor and industrial relations, and the department of health shall have the right of entry to any job site and access to any records of the licensee for purposes of inspection for health or safety hazards. Each agency shall be empowered to apply to a court of competent jurisdiction for an order restraining any activity at the job site which constitutes an imminent health or safety hazard.
(e) Any person who knowingly hinders or delays the board or the above departments in the performance of their duties, who knowingly fails to obtain the licenses or registrations required by this section, or otherwise knowingly violates this section shall be guilty of a misdemeanor.
(f) The board may, in addition to any other remedies provided by law, and after a hearing conducted pursuant to chapter 91, assess a fine not to exceed $5,000 for each violation of this section. For purposes of this subsection, each day's violation shall constitute a separate violation. [L 1987, c 157, §2]
Cross References
Asbestos pollution control, see chapter 342P.
HRS §444-8
§444-8 Powers to classify and limit operations. (a) The contractors license board may adopt rules and regulations necessary to effect the classification of contractors in a manner consistent with established usage and procedure as found in the construction business, and may limit the field and scope of the operations of a licensed contractor to those in which the contractor is classified and qualified to engage, as defined in section 444-7.
(b) A licensee may make application for classification and be classified in more than one classification if the licensee meets the qualifications prescribed by the board for such additional classification or classifications. For qualifying or classifying in additional classifications, the licensee shall pay the appropriate application fee but shall not be required to pay any additional license fee.
(c) This section shall not prohibit a specialty contractor from taking and executing a contract involving the use of two or more crafts or trades, if the performance of the work in the crafts or trades, other than in which the specialty contractor is licensed, is incidental and supplemental to the performance of work in the craft for which the specialty contractor is licensed. [L 1957, c 305, §1(s 7); am L 1965, c 241, §1; Supp, §166A-7; HRS §444-8; gen ch 1985]
Cross References
Rulemaking, see chapter 91.
Case Notes
Classifications; consistency with established usage and procedure and the public safety as provided in §444-4(2). 51 H. 673, 466 P.2d 1009 (1970).
HRS §444-9
§444-9 Licenses required. No person within the purview of this chapter shall act, or assume to act, or advertise, as general engineering contractor, general building contractor, or specialty contractor without a license previously obtained under and in compliance with this chapter and the rules and regulations of the contractors license board. [L 1957, c 305, §1(s 8); Supp, §166A-8; HRS §444-9]
Case Notes
Pursuant to this section, a general engineering or building contractor is prohibited from doing any work that would require it to act as a specialty contractor in an area the general contractor was not licensed to operate; where project required plumbing work classified as C-37 specialty work, general contractor, which did not hold a C-37 specialty license, could not do work in that area; court thus erred in holding that project did not require work in the C-37 classification and that general contractor did not have to engage a specialty contractor holding a C-37 specialty license. 97 H. 450, 40 P.3d 73 (2002).
HRS §444-9.1
§444-9.1 Issuance of building permits; owner-builder registration. (a) Each county or other local subdivision of the State which requires the issuance of a permit as a condition precedent to the construction, alteration, improvement, demolition, or repair of any building or structure shall also require that each applicant for such a permit file as a condition to the issuance of a permit a statement that the applicant and all specialty contractors are licensed in accordance with this chapter, giving the license numbers and stating that the licenses are in full force and effect, or, if the applicant is exempt from this chapter, the basis for the claimed exemption; provided that if the applicant claims an exemption under section 444-2.5, the applicant shall certify that the building or structure is for the applicant's personal use and not for use or occupancy by the general public. Each county or local subdivision of the State shall maintain an owner-builder registration list which shall contain the following information:
(1) The name of any owner or lessee who claims an exemption from this chapter as provided in section 444-2.5;
(2) The address of the property where exempt building or improvement activity is to occur;
(3) A description of the type of building or improvement activity to occur;
(4) The approximate dates of construction activity; and
(5) Whether any electrical or plumbing work is to be performed and if so, the name and license number of the person or entity who will do the work.
The absence of such registration is prima facie evidence that the exemption in section 444-2.5 does not apply.
(b) The county shall verify the license against a list of licensed contractors provided by the state contractors licensing board, which list shall be updated at least quarterly. The county shall also verify that the applicant is in fact the contractor so licensed or the contractor's duly authorized agent.
(c) The county shall provide applicants for the exemption under section 444-2.5 with a disclosure statement in substantially the following form:
"Disclosure Statement
State law requires construction to be done by licensed contractors. You have applied for a permit under an exemption to that law. The exemption provided in section 444-2.5, Hawaii Revised Statutes, allows you, as the owner or lessee of your property, to act as your own general contractor even though you do not have a license. You must supervise the construction yourself. You must also hire licensed subcontractors. The building must be for your own use and occupancy. It may not be built for sale or lease. If you sell or lease a building you have built yourself within one year after the construction is complete, the law will presume that you built it for sale or lease, which is a violation of the exemption, and you may be prosecuted for this. It is your responsibility to make sure that subcontractors hired by you have licenses required by state law and by county licensing ordinances. Electrical or plumbing work must be performed by contractors licensed under chapters 448E and 444, Hawaii Revised Statutes. Any person working on your building who is not licensed must be your employee which means that you must deduct F.I.C.A. and withholding taxes and provide workers' compensation for that employee, all as prescribed by law. Your construction must comply with all applicable laws, ordinances, building codes, and zoning regulations. If you violate section 444-2.5 or fail to comply with the requirements set forth in this disclosure statement, you may be fined $5,000 or forty per cent of the appraised value of the building as determined by the county tax appraiser, whichever is greater, for the first offense; and $10,000 or fifty per cent of the appraised value of the building as determined by the county tax appraiser, whichever is greater, for any subsequent offense."
The county shall not issue a building permit to the owner-applicant until the applicant signs a statement that the applicant has read and understands the disclosure form.
(d) A county building inspector or other building official shall report to the regulated industries complaints office the name and address of any person, who, in the opinion of the building inspector or official, has violated this chapter by accepting or contracting to accomplish work which would classify the person as a contractor under this chapter. [L 1974, c 112, pt of §1(1); am L 1978, c 147, §1; am L 1985, c 215, §2; gen ch 1985; am L 1989, c 142, §3; am L 1992, c 258, §2; am L 1996, c 172, §4; am L 2010, c 44, §4]
HRS §444-9.2
§444-9.2 Advertising. (a) It is a misdemeanor for any person, including a person who is exempt by section 444-2 from this chapter, to advertise with or without any limiting qualifications as a contractor unless such person holds a valid license under this chapter for the goods and services advertised. "Advertise" as used in this section includes, but is not limited to, the issuance of any card, sign, or device to any person; the causing, permitting, or allowing of any sign or marking on or in any building, vehicle or structure; or advertising in any newspaper or magazine; any listing or advertising in any directory under a classification or heading that includes the word "contractor"; or commercials broadcast by airwave transmission.
(b) A contractor may advertise in print or broadcast medium, as defined in subsection (a) only if the contractor includes in the advertisement or listing the contractor's applicable and current license number, and provides proof of the number's validity to the publisher or producer of the advertising medium. The publisher or producer of a print or broadcast advertising medium shall refuse to publish or broadcast an advertisement or listing for a contractor who does not comply with the provisions of this subsection. A publisher or producer who obtains a signed statement from the contractor which states that the contractor has read the text of the advertisement or listing, has an applicable and current contractors license for the goods and services advertised, has included all applicable and current license numbers in the advertisement or listing, and is aware of civil and criminal penalties for advertising as a contractor without a valid license, shall be entitled to a rebuttable presumption of compliance with this subsection.
(c) Upon entry of either a final order of the contractors license board pursuant to chapter 91 or a judgment by a court of competent jurisdiction finding that a contractor has advertised in violation of either section 444-9 or 444-9.2(a), the public utility furnishing telephone service to the contractor shall disconnect the telephone number contained in the advertisement or listing.
(d) The publisher or producer of a print or broadcast advertising medium shall not be liable in any suit, action, or claim arising from its refusal to list or accept advertisements pursuant to subsection (b). Good faith compliance by a public utility with subsection (c) is a complete defense to any civil or criminal action brought against it arising from the termination of telephone service. [L 1974, c 112, pt of §1(1); am L 1984, c 132, §1; am L 1988, c 247, §1]
HRS §444-9.5
§444-9.5 Performance of electrical and plumbing work; licensing of electrical and plumbing workers. (a) A person licensed as an electrical or plumbing contractor under this chapter may enter into contracts to perform electrical or plumbing work, respectively; provided that:
(1) If the contractor's responsible managing employee, which includes a sole proprietor, is not licensed in accordance with chapter 448E, the contractor shall employ individuals licensed in accordance with chapter 448E to actually perform the electrical or plumbing work, respectively, subject to this section; and
(2) Employees of a community antennae television company and employees of a public utility within the State that is franchised or chartered by the State and regulated by the public utilities commission shall be exempt from this section while so employed and acting within the scope of their employment.
(b) At least half of all individuals performing electrical or plumbing work employed on a construction job site by an electrical or plumbing contractor shall be licensed in accordance with chapter 448E. The board may waive this requirement in any county when there are insufficient licensed electrical or plumbing workers in that county to comply with this section.
(c) All individuals employed on a construction job site by an electrical or plumbing contractor who are licensed in accordance with chapter 448E shall visibly display their license on their person while on the construction job site. Only individuals displaying their license at the time of a site inspection shall be counted as a licensee to determine compliance with this section. [L 1971, c 183, §2; gen ch 1985; am L 2006, c 274, §2; am L 2010, c 28, §2; am L 2017, c 173, §2]
Note
Applicability of L 2017, c 173. L 2017, c 173, §3.
HRS §448E-13
§448E-13 Exemption of public utility and community antennae television company personnel; annual reports. [Repeal and reenactment on June 30, 2027. L 2022, c 68, §3.] (a) The following persons shall be exempt from this chapter:
(1) All employees of a public utility within the State under a franchise or charter granted by the State that is regulated by the public utilities commission and community antennae television company, while so employed; and
(2) Employees of an electrical contractor duly licensed under chapter 444; provided that:
(A) The contractor is retained by a public utility within the State under a franchise or charter granted by the State that is regulated by the public utilities commission to perform high voltage electrical work for the public utility;
(B) After solicitation of a request for proposal to licensed contractors specifying the high voltage work requested, the public utility certifies to the board that no electricians, including electricians employed by C-62 pole and line or C-63 high voltage electrical contractors, responded to the request for proposal who were:
(i) Sufficiently qualified and licensed in the State; and
(ii) Available and able to perform or timely complete the high voltage electrical work or task,
before the contractor hired by the public utility recruited qualified electricians outside the State; provided further that the public utility shall make its request for proposals available through its website in an electronic format to C-62 pole and line and C-63 high voltage electrical contractors;
(C) The public utility submits an annual report to the board covering the preceding calendar year that identifies, at a minimum:
(i) The number of qualified contractors the public utility employed to perform high voltage electrical work; and
(ii) The number of requests for proposals solicited for high voltage work;
(D) The employees are deemed qualified by the public utility to perform high voltage electrical work; and
(E) The exemption is limited to the use by a public utility for high voltage electrical workers who perform electric transmission and distribution line construction, maintenance, and connection to substation work;
provided further that in no circumstance shall the persons be less qualified than the public utility's own employees who perform high voltage electrical work.
(b) Persons retained by a public utility pursuant to subsection (a)(2) shall be exempt from the provisions of section 444-9.5.
(c) For purposes of this section, "high voltage" means six hundred volts or higher. [L 1971, c 183, §3; am L 1972, c 196, §6; am L 2013, c 65, §§2, 4; am L 2018, c 60, §2; am L 2022, c 68, §2]
Note
The L 2022, c 68 amendment adding subsection (c) is exempt from the repeal and reenactment condition of L 2013, c 65, §4, as amended by L 2018, c 60, §2 and L 2022, c 68, §3. L 2022, c 68, §6.
HRS §464-5
§464-5 Limitation upon application of chapter. Nothing in this chapter shall prevent any person from engaging in engineering, architectural, or landscape architectural work and undertakings upon property owned or exclusively controlled or possessed by that person, or from hiring any person to do the work and undertakings, unless the work and undertakings involve the safety or health of the public, nor shall anything in this chapter prevent any person from engaging in land surveying upon property owned or exclusively controlled or possessed by that person or from hiring any person to do the work, unless the work involves a common boundary.
Nothing in this chapter shall be construed as applying to the business conducted in this State by any agriculturist, horticulturist, tree expert, arborist, forester, gardenshop operator, nursery operator or landscape nursery operator, gardener, landscape gardener, landscape contractor, landscape designer, landscape consultant, garden or lawn caretaker, or cultivator of land, as these terms are generally used, except that no person shall use the designation "landscape architect", "landscape architectural", or "landscape architecture" unless licensed under the provisions of this chapter.
All engineering work, architectural work, and landscape architectural work in which the public safety or health is involved shall be designed by and the construction observed by a duly licensed professional engineer, architect, or landscape architect, respectively. [L 1923, c 227, §10; RL 1925, §3692; am L 1931, c 165, §7; RL 1935, §7033; RL 1945, §7605; RL 1955, §166-5; HRS §464-5; am L 1970, c 85, §§1, 3; am L 1988, c 226, §3; am L 1989, c 210, §7; gen ch 1993]
HRS §467-1
§467-1 Definitions. As used in this chapter:
"Commission" means the real estate commission of the State.
"Custodian or caretaker" means any individual, who for compensation or valuable consideration, is employed as an employee by a single owner and has the responsibility to manage or care for that real property left in the individual's trust; provided that the term "custodian" or "caretaker" shall not include any individual who leases or offers to lease, or rents or offers to rent, any real estate for more than a single owner; provided further that a single owner shall not include an association of owners of a condominium, cooperative, or planned unit development.
"Hotel" includes a structure or structures used primarily for the business of providing transient lodging for periods of less than thirty days and which furnishes customary hotel services including but not limited to front desk, restaurant, daily maid and linen service, bell service, or telephone switchboard; provided that for the purposes of this chapter, units in a project as defined by section 514B-3 that provide customary hotel services shall be excluded from the definition of hotel. The definition of "hotel" as set forth in this section shall be in addition to and supplement the definition of "hotel" as set forth in the various county ordinances.
"Real estate" means and includes lands, the improvements thereon, leaseholds, and all other interests in real property. It shall be immaterial that a transaction also involves property other than real estate, as for example a transaction for the sale of an ongoing business, an asset of which consists of a leasehold or other interest in real property. In such a case, to the extent that real estate is involved, it shall be considered a real estate transaction for the purpose of this definition.
"Real estate broker" means any person who, for compensation or a valuable consideration, sells or offers to sell, buys or offers to buy, or negotiates the purchase or sale or exchange of real estate, or lists, or solicits for prospective purchasers, or who leases or offers to lease, or rents or offers to rent, or manages or offers to manage, any real estate, or the improvements thereon, for others, as a whole or partial vocation; or who secures, receives, takes, or accepts, and sells or offers to sell, any option on real estate without the exercise by the person of the option and for the purpose or as a means of evading the licensing requirement of this chapter.
"Real estate salesperson" means any individual who, for a compensation or valuable consideration, is employed either directly or indirectly by a real estate broker, or is an independent contractor in association with a real estate broker, to sell or offer to sell, buy or offer to buy, or list, or solicit for prospective purchasers, or who leases or offers to lease, or rents or offers to rent, or manages or offers to manage, any real estate, or the improvements thereon, for others as a whole or partial vocation; or who secures, receives, takes, or accepts, and sells or offers to sell, any option on real estate without the exercise by the individual of the option and for the purpose or as a means of evading the licensing requirements of this chapter. Every real estate salesperson shall be under the direction of a real estate broker for all real estate transactions. [L 1933, c 140, §1; RL 1935, §7310; am L 1935, c 126, §§1, 2; am L 1941, c 205, pt of §1; RL 1945, §7731; am L 1949, c 277, §1; am L 1953, c 252, §1; RL 1955, §170-1; am L 1961, c 154, §1; HRS §467-1; am L 1974, c 141, §1; am L 1977, c 197, §1(2); am L 1985, c 141, §2; gen ch 1985; am L 1988, c 145, §1; am L 1989, c 217, §2; am L 1994, c 100, §1; am L 1995, c 241, §1; am L 1997, c 289, §2; am L 1999, c 47, §4 and c 240, §10; am L 2004, c 164, §13; am L 2008, c 28, §10; am L 2017, c 181, §17]
Cross References
Discrimination in real property transactions, see chapter 515.
Uniform land sales practices act, see chapter 484.
Case Notes
Whether party was engaged in real estate broker activities was a question of fact. 692 F. Supp. 1239 (1988).
Broker's rights to compensation. 47 H. 220, 386 P.2d 855 (1963).
Evidences legislative intent to regulate "middlemen". 68 H. 371, 715 P.2d 805 (1986).
Haw. Rev. Stat. § t9-ch106
HRS | Chapter 106 Inventory, Accounting, and Disposal of Government
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Hawaii Revised Statutes
Title 9. Public Property, Purchasing and Contracting
Chapter 106
Inventory, Accounting, and Disposal of Government
CHAPTER 106
INVENTORY, ACCOUNTING, AND DISPOSAL OF
GOVERNMENT ASSETS
REPEALED. L 1994, c 186, §24.
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