Hawaii Roofing Licensing Law

Hawaii Code · 23 sections

The following is the full text of Hawaii’s roofing licensing law statutes as published in the Hawaii Code. For the official version, see the Hawaii Legislature.

Haw. Rev. Stat. § 145-1

Section

145-1 Definitions

145-2 Licenses

145-3 Records

145-4 Bonding of commission merchant and broker

145-5 Reports of consignment sales

145-6 Remittances

145-7 Credit for loss or dumping

145-8 Duty of department

145-9 Complaints and investigations

145-10 Administrative penalties

145-11 Nuisance may be enjoined, abated

145-12 Misdemeanor

145-13 Remedies and penalties not exclusive

145-14 Disposition of fees and charges

145-15 Rules and regulations

Part II. Ownership and Movement of Agricultural

Commodities

145-21 Definitions

145-22 Agricultural commodities; ownership and movement

certification

145-23 Lack of proof of ownership as a violation

145-24 Authorization to inspect

145-25 Enforcement; criminal penalties

145-26 Repealed

145-27 Authorization to seize and hold commodities;

disposition

145-28 Repealed

Note

Chapter heading amended by L 1999, c 186, §3.

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Haw. Rev. Stat. § 172-1

Section

172-1 Department to list lands on which commutation payable;

public notice; notice to pay

172-2 Department to appraise lands; determine commutation;

interest; lien

172-3 Enforcement of payment

172-4 General default

172-5 Hearing, foreclosure

172-6 Proof

172-7 Unsurveyed lands; listing by comptroller

172-8 Notice to owners to have boundaries determined

172-9 Upon failure of owners, comptroller to have boundaries

determined at owner’s expense

172-10 Enforcement of payment of expenses by owners

172-11 Land patents on land commission awards; to whom, for

whose benefit

172-12 Land patents issued after boundary and commutation

settled

172-13 Destruction, defacing or removal of survey monuments;

penalty

Cross References

Environmental courts, jurisdiction over proceedings arising under this chapter, see §604A-2.

Rules of Court

Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(12).

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Haw. Rev. Stat. § 235-1

Section

235-1 Definitions

235-2 to 2.2 Repealed

235-2.3 Conformance to the federal Internal Revenue Code;

general application

235-2.35 Operation of certain Internal Revenue Code

provisions not operative under section 235-2.3

235-2.4 Operation of certain Internal Revenue Code

provisions; sections 63 to 530

235-2.45 Operation of certain Internal Revenue Code

provisions; sections 641 to 7518

235-2.5 Administration, adoption, and interrelationship of

Internal Revenue Code and Public Laws with this

chapter

235-3 Legislative intent, how Internal Revenue Code shall

apply, in general

235-4 Income taxes by the State; residents, nonresidents,

corporations, estates, and trusts

235-4.3 Repealed

235-4.5 Taxation of trusts, beneficiaries; credit

235-5 Allocation of income of persons not taxable upon

entire income

235-5.5 Individual housing accounts

235-5.6 Individual development account contribution

tax credit

235-6 Foreign manufacturing corporation; warehousing of

products

235-7 Other provisions as to gross income, adjusted gross

income, and taxable income

235-7.3 Royalties derived from patents, copyrights, or

trade secrets excluded from gross income

235-7.5 Certain unearned income of minor children taxed as if

parent’s income

235-8 Repealed

235-9 Exemptions; generally

235-9.5 Stock options from qualified high technology

businesses excluded from taxation

235-10, 11 Repealed

235-12 Energy conservation; income tax credit

235-12.2 Repealed

235-12.5 Renewable energy technologies; income tax credit

235-13 Sales of residential land to lessees; involuntary

conversion

235-15 Tax credits to promote the purchase of child

passenger restraint systems

235-16 Repealed

235-16.5 Cesspool upgrade, conversion, or connection; income

tax credit

235-17 Motion picture, digital media, and film production

income tax credit

235-17.5 Capital infrastructure tax credit

235-18 Deposit beverage container deposit exemption

235-19 Exceptional trees; tax deduction

235-20 Comfort letters; authority to assess fees; established

235-20.5 Tax administration special fund; established

Part II. Uniform Division of Income for Tax Purposes

235-21 Definitions

235-22 Taxpayers affected

235-23 Taxable in another state

235-24 Specified nonbusiness income

235-25 Rents; royalties

235-26 Allocation of capital gains and losses

235-27 Allocation of interest and dividends

235-28 Allocation of patent and copyright royalties

235-29 Apportionment of business income; percentage

235-30 Apportionment; property factor

235-31 Apportionment; property factor; owned and used

property

235-32 Apportionment; property factor; average value

235-33 Apportionment; payroll factor

235-34 Compensation; where paid

235-35 Apportionment; sales factor

235-36 Apportionment; sales factor; tangible personalty

235-37 Apportionment; sales factor; nontangible personalty

235-38 Equitable adjustment of formula

235-38.5 Application

235-39 Citation of part

Part III. Individual Income Tax

235-51 Tax imposed on individuals; rates

235-52 Tax in case of joint return or return of surviving

spouse

235-53 Tax tables for individuals

235-54 Exemptions

235-55 Tax credits for resident taxpayers

235-55.5 Repealed

235-55.6 Expenses for household and dependent care services

necessary for gainful employment

235-55.7 Income tax credit for low-income household renters

235-55.8 Repealed

235-55.85 Refundable food/excise tax credit

235-55.9 Repealed

235-55.91 Credit for employment of vocational rehabilitation

referrals

235-56 to 58.2 Repealed

235-59 Decedents

235-60 Repealed

Withholding and Collection of Tax at Source

235-61 Withholding of tax on wages

235-62 Return and payment of withheld taxes

235-63 Statements to employees

235-64 Taxes withheld by employer held in trust; employer’s

liability

235-65 Repealed

235-66 Further withholdings at source; crediting of withheld

taxes

235-67 Indemnity of withholder

235-68 Withholding of tax on the disposition of real

property by nonresident persons

235-69 Voluntary deduction and withholding of state income

tax from unemployment compensation

Part IV. Corporation Income Tax

235-71 Tax on corporations; rates; credit of shareholder of

regulated investment company

235-71.5 Alternative tax for corporations

235-72 Corporations carrying on business in partnership

Part V. Election by Small Business Corporation

235-81 to 89 Repealed

Part VI. Returns and Payments; Administration

235-91 Repealed

235-91.5 Income tax credits; ordering of credit claims

235-92 Returns, who shall make

235-93 Joint returns

235-93.4 Effect of civil union

235-93.5 Repealed

235-94 Returns by agent, guardian, etc.; liability of

fiduciaries

235-94.5 Repealed

235-95 Partnership returns

235-96 Returns by persons making payments

235-96.5 Returns relating to unemployment

235-97 Estimates; tax payments; returns

235-98 Returns; form, verification and authentication,

time of filing

235-99 Same; place for filing

235-100 Persons in military service

235-100.5 Abatement of income taxes of members of armed

forces on death

235-101 Federal returns and assessments, when copies are

required

235-102 Records and special returns

235-102.5 Income check-off authorized

235-102.6 Refund splitting

235-103 Distortion of income

235-104 Penalties

235-105 Failure to keep records, render returns, or make

reports by responsible persons

235-106 Repealed

235-107 Procedure upon failure to file return

235-108 Audit of return; procedure; additional taxes

235-109 Jeopardy assessments, security for payment, etc.

235-109.5 Credits against income; claim limitation

235-110 Credits and refunds

235-110.2 Credit for school repair and maintenance

235-110.3 Repealed

235-110.31 Renewable fuels production tax credit

235-110.4, 110.45 Repealed

235-110.46 Attractions and educational facilities tax credit;

Ko Olina Resort and Marina; Makaha Resort

235-110.5 Repealed

235-110.51 Technology infrastructure renovation tax credit

235-110.6 Fuel tax credit for commercial fishers

235-110.7 Capital goods excise tax credit

235-110.8 Low-income housing tax credit

235-110.9 High technology business investment tax credit

235-110.91 Tax credit for research activities

235-110.92 Repealed

235-110.93 Important agricultural land qualified

agricultural cost tax credit

235-110.94 Organic foods production tax credit

235-111 Limitation period for assessment, levy, collection,

or credit; net operating loss carrybacks

235-111.5 High technology; sale of unused net operating

loss carryover

235-112 Time for assessment of deficiency attributable to

gain upon conversion

235-113 Time for assessment of deficiency attributable to

gain upon sale of a residence

Appeal

235-114 Appeals

General Provisions

235-115 Assessments, etc., prima facie proof

235-116 Disclosure of returns unlawful; penalty

235-117 Reciprocal supplying of tax information

235-118 Rules and regulations

235-119 Taxes, state realizations

Part VII. Hawaii S Corporation Income Tax Act

235-121 Title; definitions; federal conformity;

construction

235-122 Taxation of an S corporation and its shareholders

235-123 Modification and characterization of income

235-124 Basis and adjustments

235-125 Carryforwards and carrybacks; loss limitation

235-125.5 Transition rule

235-126 Part-year residence

235-127 Distributions

235-128 Returns; shareholder agreements; mandatory

payments

235-129 Tax credits

235-130 LIFO recapture

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.

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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. § 286-1

Section

286-1 Short title

286-2 Definitions

286-3 Powers and duties of the governor

286-4 Repealed

286-4.1 Medical advisory board

286-5 State highway safety council

286-6 County traffic or highway safety councils

286-7 County highway safety programs

286-8 Rules and regulations

286-9 Facilities for physically handicapped persons

286-10 Arrest or citation

286-11 Repealed

286-12 All-terrain vehicle; utility-terrain vehicle;

permitted use

Part IA. Motor Vehicle Regulation

286-16 Powers and duties

286-17 Enforcement

286-18 Rules

Part II. Inspection of Vehicles and Mopeds

286-21 Vehicles and mopeds without required equipment or in

unsafe condition

286-22 Inspection by officers of the police department

286-23 Responsibility for compliance

286-24 Registered owner’s responsibility; registration

plates as prima facie evidence as to the fault of

the registered owner

286-25 Operation of a vehicle or moped without a certificate

of inspection

286-26 Certificates of inspection

286-26.5 Special interest vehicles

286-27 Permits to operate official inspection stations

286-28 Suspension or revocation of permits

286-29 Improper representation as official

inspection station

286-30 False certificates

Part III. Registration of Vehicles

286-41 Application for registration; full faith and

credit to current certificates; this part not

applicable to certain equipment

286-42 County finance director’s duties

286-43 Defacing serial numbers, etc., of motor vehicles

286-44 Unlawful to possess certain motor vehicles,

parts, etc.; forfeiture

286-44.5 Salvage certificate

286-45 Records of county finance director

286-46 Tax lien and encumbrance record

286-47 Certificate of registration; certificate of

ownership; containers

286-47.2 Certificate of trailer registration

286-47.5 Notice of change of address or name; penalty

286-48 Certificates of ownership of salvaged motor vehicles

286-49 Registration of vehicles under two or more names

286-50 Registration of vehicle located outside State;

correction of errors; fee for correcting errors

286-51 Registration, expense

286-51.5 Junking of nonrepairable vehicle

286-52 Procedure when title of vehicle transferred;

delivery of certificate mandatory

286-52.4 Terminal rental adjustment clause; vehicle leases

286-52.5 Procedure when registration of a trailer transferred

286-53 Dealers in new motor vehicles

286-53.1 Boat dealers; trailers without plates

286-53.5 Permanent registration of fleet vehicles

286-53.6 Fleet vehicles, fees

286-54 Out-of-state vehicle permit

286-55 Certificates lost or mutilated

286-56 Official cars

286-56.5 Special license plates for consul or official

representative of foreign or territorial government

286-57 Unlawful removal of motor vehicles from State

286-58 Appeal from finance director’s decision

286-59 Appeal; procedure

286-60 Rules of procedure; costs; appeal

286-61 Penalty

286-62 Special license plates authorized

286-63 Shape, size and color of plates; how affixed

286-64 Regulation plates to be surrendered

286-65 Surrender, transfer, and disposal of special plates

286-66 Director in charge

286-67 Fees

286-68 Interpretation of part

286-69 Penalty

Part IV. Safety Equipment

286-81 Motorcycle, motor scooter, etc.; protective devices

286-82 Penalty

286-83 Sales of motor vehicle equipment; approval

and identification required; prohibitions on use

286-84 Revocation of approval

286-85 Reconstructed vehicles, approval required

Part V. Driver Training School and Driving

Instructors–Repealed

286-91 to 97 Repealed

Part VI. Motor Vehicle Driver Licensing

286-101 Designation of examiner of drivers

286-101.5 Reciprocal licensing privileges

286-102 Licensing

286-102.3 Commercial drivers under the age of twenty-one

286-102.5 Military Selective Service Act; Selective Service

System registration

286-102.6 Provisional license for persons under the age

of eighteen

286-103 Restrictions on driver’s license; rules and

regulations

286-104 Which persons shall not be licensed

286-104.5 Limited purpose driver’s license, limited purpose

provisional driver’s license, and limited purpose

instruction permits

286-105 What persons are exempt from license

286-106 Expiration of licenses

286-106.5 Expiration of licenses; out-of-country active

duty military personnel and dependents

286-107 License renewals; procedures and requirements

286-107.5 Reactivation of expired license; fees; road test

waived

286-108 Examination of applicants

286-108.4 Driver education and behind-the-wheel driver

training program

286-108.5 Repealed

286-109 General provision governing the issuance of licenses

286-109.4 Designation of advance health-care directive

286-109.5 Designation of anatomical gift

286-109.6 Limited access to driver’s license anatomical gift

data

286-109.7 Organ and tissue education fee

286-110 Instruction permits

286-111 Application for license, provisional license,

instruction permit, limited purpose driver’s license,

limited purpose provisional driver’s license, or

limited purpose instruction permit; fees

286-112 Application of minors; liability of parents or

guardian

286-113 Release from liability

286-114 Revocation of license, provisional license, or

instruction permit upon death of person

signing minor’s application

286-115 Repealed

286-116 License, insurance identification card, possession,

exhibition

286-116.5 Notice of change of address or name; penalty

286-117 Duplicate permits, provisional licenses, and

licenses

286-118 Records to be kept by the examiner of drivers

286-118.5 License revoked for operating a vehicle under the

influence of an intoxicant; eligibility for license

renewal

286-119 Authority of examiner of drivers to suspend

or revoke licenses

286-120 Authority of examiner of drivers to cancel licenses

286-121 Suspending or revoking privileges of nonresident and

reporting convictions, suspensions, and revocations

286-122 Suspension of a license; surrender

286-123 Record of conviction forwarded to examiner of

drivers

286-124 Mandatory revocation of license by a court

286-125 Discretionary revocation or suspension of license by

a court

286-126 Period of suspension or revocation

286-127 Repealed

286-128 Evaluation of nonresident driving privileges;

reports of outside convictions; reports of

convictions by courts-martial or United States

commissioners

286-129 Appeal to circuit court

286-130 No operation under foreign license during revocation

or suspension in this State

286-131 Unlawful use of license

286-132 Driving while license suspended or revoked

286-133 Unlawful to permit unauthorized person to drive

286-134 Employing unlicensed driver

286-135 Renting motor vehicle to another

286-136 Penalty

286-137 District courts to keep records

286-138 Prohibiting “fixing” of tickets and providing

penalties therefor; nolle prosequi by prosecuting

attorney only by motion and approval of court

286-139 Preferred insurance rate

286-140 Repealed

Part VII. Alcohol, Drugs, and Highway

Safety–Repealed

286-151 to 163 Repealed

Part VIII. Traffic Records

286-171 Statewide traffic records system

286-172 Furnishing of information

Part IX. Pupil Transportation

286-181 Pupil transportation safety

Part X. Miscellaneous Provisions

286-191 Repealed

Part XI. Motor Carrier Safety Law

286-201 Definitions

286-202 General duties and powers of the director

286-202.5 Driver improvement program

286-202.6 Marking of motor carrier vehicles

286-202.8 Mudguards; protective devices

286-203 Enforcement

286-204 Accounts, records, and reports

286-204.5 Vehicle identification card

286-205 Reports as evidence

286-206 Penalty

286-207 Exemptions, certain vehicles

286-208 Exemptions, vehicles used by farmers

286-209 Safety inspection of motor carrier vehicles

286-210 Operation of a motor carrier vehicle

without a safety inspection decal

286-211 Permits to operate official inspection stations

286-212 Suspension or revocation of permits

286-213 Improper representation as official inspection

station

286-214 False certificates

286-215 Fees and charges

286-216 Fines, fees and charges

Part XII. Transportation of Hazardous Materials

286-221 Definitions

286-222 General powers

286-223 Scope

286-224 Inspections

286-225 Hazardous materials incident reporting

286-226 Routes

286-227 Penalty

Part XIII. Commercial Driver Licensing

286-231 Definitions

286-232 Limitation on number of driver’s licenses

286-233 Notification requirements

286-234 Employer responsibilities

286-235 Commercial driver’s license required

286-235.5 Persons exempt from licensure

286-236 Commercial driver’s license qualification standards

286-236.5 Renumbered

286-237 Repealed

286-238 Application for commercial driver’s license or

commercial learner’s permit

286-238.2 Commercial learner’s permit

286-238.5 Repealed

286-239 Commercial driver’s license

286-239.5 Reactivation of expired commercial driver’s license;

fees; road test waived

286-240 Disqualification, cancellation, and downgrade

286-241 Notification of disqualification, suspension,

revocation, cancellation, marking medical

certification status as not-certified, or

downgrading of commercial driver’s licenses or permits

286-241.4 Authority of examiner of drivers to suspend, revoke,

cancel, mark the medical certification status as

not-certified, or downgrade commercial driver’s

license or permit

286-241.5 Notification and hearing

286-241.6 Appeal to circuit court

286-242 Commercial drivers prohibited from operating with

any alcohol in their body

286-243 Implied consent requirements for commercial motor

vehicle drivers

286-244 Notification of traffic convictions

286-245 Driving record information to be recorded and

furnished

286-246 Authority to make rules

286-247 Authority to enter agreements

286-248 Reciprocity

286-249 Penalty

Part XIV. Administrative Revocation of Driver’s

License and Motor Vehicle

Registration–Repealed

286-251 to 266 Repealed

Part XV. Interisland Shipping of Vehicles

286-271 Interisland shipping of vehicles; proof required

Part XVI. Civil Identification Cards

286-301 Issuance of identification card or temporary card

286-302 Oaths and investigations

286-303 Application for identification card

286-304 Procedure

286-305 Contents and characteristics; form

286-306 Expiration; renewal; replacement

286-307 Identification cards not to be altered; duties

of holder; lost certificates

286-308 Correction or alteration of records and

identification cards in cases of error or

subsequent changes concerning names, citizenship,

description, etc.

286-309 Rules

286-310 Forms

286-311 Custody and use of records; confidential

information

286-312 Civil identification card fee special fund

286-313 Reimbursement to counties

Note

For electric vehicle registration, parking, HOV lane use, and rules (repealed June 30, 2020) as provided by L 2012, c 168, §2, see note following §291-71.

Traffic safety and major accident reporting protocols by each county police department. L 2010, c 104.

Working group on documentation for state civil identification card; reports to 2016-2017 legislature (dissolved June 30, 2017). L 2015, c 243.

Revision Note

The amendments made to part VI by L 2012, c 310, §§2 (enacting subpart B to part VI), 5 (amending the part VI title), 6 (adding a subpart A title to part VI), and 8 (amending §§286-101, 286-102(e), 286-104, 286-106, 286-107©, 286-108(a), 286-110(a), 286-112(a) and ©, 286-113, 286-114, and 286-122(a) to change “part” to “subpart”) are omitted as the new subpart B added to part VI was renumbered as part XVI pursuant to §23G-15.

Cross References

Complete streets, see §264-20.5.

Nonresident violator compact, see chapter 291A.

Law Journals and Reviews

Intextication: Txting Whl Drvng. Does the Punishment Fit the Crime? 32 UH L. Rev. 359 (2010).

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Haw. Rev. Stat. § 287-1

Section

287-1 Definitions

287-2 Administrator to administer chapter; appeal to

circuit court

287-3 Furnishing of operating records

287-4 Report required following accident

287-5 Security required unless evidence of insurance

287-6 Suspension of license

287-7 Exceptions

287-8 Further exceptions to requirement of security

287-9 Duration of suspension

287-10 Application to nonresidents and unlicensed drivers

287-11 Form and amount of security

287-12 Custody, disposition, and return of security

287-13 Repealed

287-14 Matters not to be evidence in civil court

287-15 Report of nonpayment of judgments

287-16 Suspension for nonpayment of judgment; exceptions

287-17 Suspension to continue until judgments paid and

proof given

287-18 Payment sufficient to satisfy requirements

287-19 Installment payment of judgment; default

287-20 Proof of financial responsibility required upon

conviction of certain offenses

287-21 Alternate methods of giving proof

287-22 Certificate of insurance as proof

287-22.1 Certificate of insurance as proof; mandatory, when

287-23 Certificate furnished by nonresident as proof

287-24 Motor vehicle liability policy defined

287-25 Owner’s policy requirements

287-26 Driver’s policy requirements

287-27 Contents of motor vehicle liability policy

287-28 Liabilities which need not be covered

287-29 General provisions governing liability policies

287-30 Excess coverage permitted

287-31 Reimbursement of insurer; proration of insurance

287-32 Combining policies and issuing binders to meet

requirements

287-33 Notice of cancellation or termination of certified

policy

287-34 Chapter not to affect other policies

287-35 Bond as proof

287-36 Money or bonds as proof

287-37 Owner may give proof for others

287-38 Substitution of proof

287-39 Other proof may be required

287-40 Duration of proof; when proof may be canceled or

returned

287-41 Surrender of license on violation

287-42 Self-insurers

287-43 Assigned risk plans

287-44 Penalties

287-45 Exceptions

287-46 Chapter supplemental to traffic ordinances and motor

vehicle laws

287-47 Other relief available

287-48 Application of chapter to suspensions and revocations

prior to January 1, 1950

Cross References

Nonresident violator compact, see chapter 291A.

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Haw. Rev. Stat. § 46-1

Section

46-1 Meeting place of council

46-1.5 General powers and limitation of the counties

46-1.55 Indigenous Hawaiian architecture

46-1.6 Repealed

46-1.7 Retention of emergency 911 recordings

46-1.8 Reciprocal supplying of tax information

46-2 Publication or advertising of ordinances, amendments,

resolutions, and bills

46-2.1 Comprehensive ordinance codes

46-2.2 Publication of supplements

46-3 Repealed

46-3.5 Repealed

46-4 County zoning

46-4.1 Repealed

46-4.2 Nonsignificant zoning changes

46-4.5 Ordinances establishing historical, cultural, and

scenic districts

46-5 Planning and traffic commissions; creation

46-6 Parks and playgrounds for subdivisions

46-6.5 Public access

46-7 Agreements with federal government; use of funds

46-8 State and county co-sponsorship of programs

46-9 Expenditures of money for sister-city relationships

46-10 County bands; travel

46-11 Federal flood insurance

46-11.5 Maintenance of channels, streambeds, streambanks, and

drainageways

46-12 Cleaning shores and beaches of seaweed, limu, and

debris

46-12.5 State beach park lifeguard services

46-13 Each county to determine its own number of fire

stations

46-13.1 Volunteer fire stations

46-14 Repealed

46-14.5 Land use density and infrastructure; low-income

rental units

46-15 Experimental and demonstration housing projects

46-15.01 Limitation of application

46-15.1 Housing; county powers

46-15.2 Housing; additional county powers

46-15.25 Infrastructure dedication; affordable housing

46-15.3 Regulation of adult family boarding home and care home

46-15.35 Family child care homes; permitted use in residential

areas and agriculturally designated districts

46-15.36 Hospice homes; permitted use in residential areas

46-15.39 Repealed

46-15.4 Administrative inspections and warrants

46-15.5 Cooperation by state departments

46-15.6 Definitions

46-15.7 Concurrent processing

46-15.9 Traffic regulation; repair and maintenance; public

right to use public streets, roads, or highways whose

ownership is in dispute

46-16 Traffic regulation and control over private streets

46-16.2 Commuter benefits program

46-16.3 Regulation of commercial bicycle tours

46-16.5 Public passenger vehicle regulation

46-16.7 Repealed

46-16.8 County surcharge on state tax

46-17 Regulation of certain public nuisances

46-18 Central coordinating agency

46-19 Development of alternative energy resources

46-19.1 Facilities for solid waste processing and disposal and

electric generation; financing; sale

46-19.4 Priority permitting process for renewable energy

projects

46-19.5 Energy conservation standards for building design and

construction

46-19.6 County building permits; incorporation of energy and

environmental design building standards in project

design; priority processing

46-19.7 Individual shower control valves required

46-19.8 Fire sprinklers; residences

46-20 Regulation of sewerage and wastewater treatment

systems

46-20.1 County ownership of sewer transmission lines and

facilities servicing Hawaiian home lands

46-20.5 Regulation of towing operations

Part II. Officers and Employees

46-21, 21.5 Repealed

46-22 Compensation of certain county officials

46-22.1 Salaries of members of council

46-23 Salaries of department heads, deputies, assistants;

fixed how

46-24 Limitation on salary of first deputy or assistant

46-25 Salaries of county officers and employees; moneys

payable into treasury

46-25.5 Expenses

46-26 Bonds of county officers; form

46-27 Approval of bonds

46-28 Extent of liability

46-29 Certain notarial powers conferred upon county officers

46-30 Transfer of civil service personnel on reorganization

46-31 Transfer of noncivil service personnel on

reorganization

46-32 Employees of council

46-33 Exemption of certain county positions

46-34 Civil service exemptions

46-35 Firefighters, counsel for

46-36 Authority of counties to engage in the process of

managed competition; established

Part III. Fiscal Administration

46-41 Budgets; financial records on fiscal year basis

46-42 Reports by fiscal officers

46-43 County records

46-44 Repealed

46-44.5 Lapsed warrant

46-45 Excessive expenditures; penalty

46-46 Excess expenditures; when permitted

46-47 Franchise fees, disposition of

46-48 Deposit of funds in banks

46-49 Interest on deposits

46-50 Short term investment of county moneys

46-51 Deposit of securities with mainland depositories

46-52 Deposit of securities

46-53 Loans to the State

46-54 Collection of delinquent license fees, taxes, and

other amounts

46-55 Schedule of council anticipated expenditures

46-56 Purchasing

Part IV. Real and Personal Property

46-61 Eminent domain; purposes for taking property

46-62 Eminent domain; proceedings according to chapter 101

46-63 Gift or sale of county property for care of aged

persons

46-64 Disposition of surplus property

46-65 Parks in the charge of council

46-65.5 Exchange of park property

46-65.6 Thomas Square; to be maintained

46-65.7 Ala Wai golf course

46-66 Disposition of real property

Part V. Miscellaneous

46-71 Service of process upon county

46-71.5 Indemnification of county agencies

46-72 Liability for injuries or damages; notice

46-72.5 Counties’ limited liability for skateboard activities

at public skateboard parks

46-73 Claims for legislative relief; conditions

46-74 Waiver of exemption from assessment for improvements

46-74.1 Exemption from improvement assessments

46-74.2 Public land or land exempt from taxation, etc.; cost

otherwise assessable against borne by city and county

46-75 Improvement bonds exempt from taxation

46-76 Location of utility facilities in improvement

districts

46-77 Underground utility facilities in improvement

districts

46-78 Improvement districts, initiation by the State

46-79 CUSIP numbers for district improvement bonds or

improvement district bonds of counties

46-80 Improvement by assessment; financing

46-80.1 Community facilities district

46-80.5 Special improvement district

46-81 Reserve funds for payment of improvements

46-85 Contracts for solid waste disposal

46-86 Transactions for utility services

46-87 Liquidated damages

46-88 Agricultural buildings and structures; exemptions from

building permit and building code requirements

46-89 Broadband-related permits; automatic approval

Part VI. Tax Increment Financing

46-101 Short title

46-102 Definitions

46-103 Establishment of tax increment district

46-104 County powers

46-105 Collection of tax increments

46-106 Tax increment bonds

46-107 Tax increment bond anticipation notes

46-108 Annual report

46-109 Termination of a tax increment district

46-110 Tax increment fund

46-111 Computation of tax increment

46-112 Tax on leased redevelopment property

46-113 Cumulative effect

Part VII. Development Agreements

46-121 Findings and purpose

46-122 Definitions

46-123 General authorization

46-124 Negotiating development agreements

46-125 Periodic review; termination of agreement

46-126 Development agreement; provisions

46-127 Enforceability; applicability

46-128 Public hearing

46-129 County general plan and development plans

46-130 Amendment or cancellation

46-131 Administrative act

46-132 Filing or recordation

Part VIII. Impact Fees

46-141 Definitions

46-142 Authority to impose impact fees; enactment of

ordinances required

46-142.5 School impact districts; new building permit

requirements

46-143 Impact fee calculation

46-144 Collection and expenditure of impact fees

46-145 Refund of impact fees

46-146 Time of assessment and collection of impact fees

46-147 Effect on existing ordinances

46-148 Transitions

Part IX. Transfer of Development Rights

46-161 Findings and purpose

46-162 Definitions

46-163 Conditions for the transfer of development rights

46-164 Procedures

46-165 Other rights not affected

Part X. Qui Tam Actions or Recovery of

False Claims to the Counties

46-171 Actions for false claims to the counties; qui tam

actions

46-172 Civil actions for false claims

46-173 Evidentiary determination; burden of proof

46-174 Statute of limitations

46-175 Action by private persons

46-176 Rights of parties to qui tam actions

46-177 Awards to qui tam plaintiffs

46-178 Repealed

46-179 Fees and costs of litigation

46-180 Relief from retaliatory actions

46-181 Certain actions barred

Note

Broadband services; exemption from certain permitting processes. L 2011, c 151; L 2013, c 264; L 2016, c 193, §§1, 2.

City and county of Honolulu to take ownership of specified road or parcel upon acceptance of funds. L 2016, c 194, §4.

Non-school hour programs for children and youth, annual report by state office of youth services. L 2006, c 281.

Public land trust information system. L 2011, c 54; L 2013, c 110.

Roads commission; private roads disputes; reports to 2018-2019 legislature (ceases to exist June 30, 2018). L 2016, c 194, §2.

Cross References

Access Hawaii committee (management of State’s internet portal), see chapter 27G.

Acquisition of resource value lands, see chapter 173A.

Complete streets, see §264-20.5.

Conclusive presumptions relating to duty of public entities to warn of dangers at public beach parks, see §663-1.56.

Emergency management, see chapter 127A.

Employment of retirants, see §88-9.

Exception to liability for county lifeguard services, see §663-1.52.

Important agricultural lands, see §§205-41 to 52.

Information privacy and security council; personal information security, see §§487N-5 to 7.

Legacy land conservation commission, see §173A-2.4.

Neighborhood board, see §§92-81 to 83.

Parental preference in government contract and services, see §577-7.5.

Personal information policy and oversight responsibilities for government agencies, see §487J-5.

Small business regulatory flexibility act, see chapter 201M.

Uniform electronic transactions act, see chapter 489E.

Case Notes

Chapter did not preempt ordinance relating to residential condominium leasehold conversion. 76 H. 46, 868 P.2d 1193.

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Haw. Rev. Stat. § 481-1

Section

481-1 Unlawful practices

481-2 Officers and agents

481-3 Sales at less than cost

481-4 Purchase at forced or bankrupt sales

481-5 Proof of intent; cost surveys

481-6 When sale at less than cost permitted

481-7 Rebates, refunds, etc.

481-8 Duty of attorney general to prosecute

481-9 Illegal contracts

481-9.5 Automatic renewal clauses and continuous service

clauses

481-10 Actions to enjoin violation

481-11 Remedies cumulative

Part II. Sale of United States Surplus Goods

481-21 Findings and declaration of public policy

481-22 Unauthorized use of certain trade names prohibited

481-23 Fraudulent representation of origin of goods

481-24 Advertising or display requirements

481-25 Additional display requirements

481-26 Penalty

481-27 Injunctions

Cross References

Cybersquatting, see §§481B-21 to 25.

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Haw. Rev. Stat. § 502-1

Section

502-1 Registrar; appointment; tenure; salary

502-2 Repealed

502-3 Deputy registrar, appointment, duties

502-4 Rules

Part II. General Provisions

502-7 Definitions

502-8 Bureau of conveyances special fund

Part III. Indexing of Records

502-11 Entry record

502-12 Indexes

502-13 Names of parties indexed

502-14 Entries where one transfers another’s real estate; in

partition cases

502-15 Annual indexes

502-16 Decennial indexes

502-17 Filing of; data on plans; monuments; metes and bounds

descriptions

502-18 Description; lot subdivisions

502-19 Plans on tracing cloth; size; scale

502-20 New maps for old

502-21 Recording of plans unlawful

502-22 Copies of plans furnished by registrar

502-23 Sale or lease by reference to lots or blocks without

filing of plans; penalty

502-24 Report of violations

502-25 Fees

502-26 Copies of instruments, certificates

502-27 Charges

Part IV. Recording

502-31 Recording, method

502-31.5 Reference in other sections

502-32 Instrument recorded as of time of delivery; office

hours

502-33 Identification of reference to registration of

original

502-34 Grantee’s address in deed

Part V. Acknowledgments; Proof of Instruments

502-41 Certificate of acknowledgment; natural persons,

corporations

502-42 Certificate, contents

502-43 Form when person unknown

502-44 Married women

502-45 Acknowledgments without the State

502-46 Same; certificate of authority of officer

502-47 Acknowledgment without the United States; by members

of the armed forces; recordation where no official

authorized to take proof

502-48 Identification of person making

502-49 Certificate of officer, or judge, necessary

502-50 How made; proof if not made

502-51 Exemption of instruments offered on behalf of United

States

502-52 Signatures of certain state officers, acknowledgments

not required

502-53 No certificate of acknowledgment contrary hereto valid

in court or entitled to be recorded; exception

502-54 Penalty for false certificate

Part VI. Interlineations, Erasures, Etc.

502-61 Changes noted in instrument

502-62 Penalty for not noting changes

502-63 Not recorded unless initialed

502-64 Repealed

Part VII. Records of Acknowledgments

502-71 Record of acknowledgments to be kept

502-72 Disposition of records

502-73 Same, open to inspection

502-74 Penalty for not keeping

Part VIII. Requirement and Effect of Acknowledging,

Recording, Not Recording

502-81 Instruments may be recorded; as evidence

502-82 Record or copy as evidence

502-83 Effect of not recording deeds, leases, etc.

502-84 Powers of attorney, etc.

502-85 Agreements of sale; priority

Part IX. Prior Records

502-91 Old records

502-92 Copies of old records

502-93 Retyping judgment registers

502-94 Translation of Hawaiian documents, recording

502-95 Validation of defective certificates

Part X. Veterans Certificates

502-101 Veterans certificates

Part XI. Other Provisions

502-111 Family child care homes; permitted uses in

residential areas

502-112 Prohibition of transfer fees

Part XII. Uniform Real Property Electronic Recording Act

502-121 Definitions

502-122 Electronic document and electronic signature; validity

502-123 Recording of documents

502-124 Uniformity of application and construction

502-125 Relation to federal Electronic Signatures in Global and

National Commerce Act

Note

For new part headings not included above, see text of chapter in this Supplement.

Cross References

Nonconsensual common law liens, see chapter 507D.

Law Journals and Reviews

Constructive Trust: An Equitable Doctrine for Protecting and Establishing Legal Interests in Real Property. II HBJ No. 13, at pg. 121.

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Haw. Rev. Stat. § 571-1

Section

571-1 Construction and purpose of chapter

571-2 Definitions

571-3 Family courts, divisions of circuit courts

571-4 Family courts, circuits

571-5 Board of family court judges

571-6 Appointment and duties of employees

571-7 Repealed

571-8 District family courts; district family judges;

appointment; sessions

571-8.1 Qualifications; tenure; removal

571-8.2 Salary of district family judges

571-8.3 Disqualification; absence; vacancy

571-8.4 Jurisdiction

571-8.5 Powers

Part II. Jurisdiction

571-11 Jurisdiction; children

571-12 Transfer from other courts

571-13 Retention of jurisdiction

571-14 Jurisdiction; adults

Part III. Initiation of Cases

571-21 Complaint; investigation; petition

571-22 Waiver of jurisdiction; transfer to other courts

571-22.5 Appeal of waiver of jurisdiction

571-23 Summons; notice; custody of minor

571-24 Failure to answer summons; warrants

Part IV. Custody, Detention, and Shelter

571-31 Taking children into custody; release; notice

571-31.1 Standard for detention

571-31.2 Juvenile intake and diagnostic services

571-31.3 Voluntary assistance

571-31.4 Informal adjustment, law violators

571-31.5 Informal adjustment, status offenders

571-31.6 Informal adjustment, minor who may be both law

violator and status offender

571-32 Detention; shelter; release; notice

571-32.1 Contract and fee-for-service accommodations

571-33 Detention and shelter facilities

571-34 Criminal history record checks

Part V. Procedure and Decree

571-41 Procedure in children’s cases

571-41.1 Extradition of minors to Hawaii

571-41.2 Extradition of minors from Hawaii

571-42 Procedure in adult cases

571-43 Additional remedies not pleaded

571-44 Physical or mental examination and treatment

571-45 Assessment and investigation prior to disposition;

suspension of delinquency proceedings; denial of

services reporting

571-46 Criteria and procedure in awarding custody and

visitation; best interest of the child

571-46.1 Joint custody

571-46.2 Orders relating to custody and visitation cases

571-46.3 Grandparents’ visitation rights; petition; notice;

Order

571-46.4 Child custody evaluators; qualification; registry;

complaints

571-46.5 Parenting plans

571-47 Determination of parentage of child born in wedlock

571-48 Decree, if informal adjustment or diversion to a

private or community agency or program has not

been effected

571-48.5 Probation supervision requirements

571-48.6 Earned discharge from probation; reporting

requirements

571-49 Repealed

571-50 Modification of decree, rehearing

571-51 Support of minor committed for study or care

571-51.5 Modification of support and visitation decrees

571-52 Assignment by court order of future income for

payments of support

571-52.1 Repealed

571-52.2 Automatic assignment by court or administrative

order of future income for payment of child support

571-52.3 Immediate income withholding

571-52.5 Guidelines to determine child support amounts

571-52.6 Child support order, judgment, or decree; accident

and sickness insurance coverage

571-52.7 Award of costs and reasonable attorneys’ fees

571-53 Signing of papers

571-54 Appeal

571-55 Certification in lieu of oath

571-56 Offense

571-57 Penalty

Part VI. Termination of Parental Rights

571-61 Termination of parental rights; petition

571-62 Hearing; investigation and report

571-63 Findings and judgment

Part VII. Juvenile Crime Prevention Bureau

571-71 Juvenile crime prevention bureau; establishment of

571-72 Duties and powers; reports; expungement of juvenile

arrest records

571-73 No limitations on family courts

571-74 Rules and standards; investigation and questioning;

fingerprinting and photographing

Part VIII. General Provisions

571-81 Contempt of court

571-82 Court sessions; quarters

571-83 Court and witness fees

571-84 Records

571-84.5 Support order, decree, judgment, or acknowledgment;

social security number

571-84.6 Minor law violators; proceedings and records not

confidential

571-85 Authority of probation officers; additional

probation officers

571-86 Cooperation

571-86.5 Statewide juvenile justice interdepartmental

cluster; local juvenile justice interdepartmental

cluster; high-need youth services coordination

571-87 Appointment of counsel and guardian ad litem;

compensation

571-88 Orders expunging juvenile arrest records

571-89 Family court; annual report

PART IX. MILITARY DEPLOYMENT PROVISIONS

571-91 Definitions

571-92 Application

571-93 Duty to cooperate and disclose information

571-94 Hearings; electronic participation

571-95 Sole factor; effect on existing orders

571-96 Visitation and contact

571-97 Delegation of the deployed parent’s contact rights

to another

Rules of Court

See Family Court Rules; applicability of Hawaii Rules of Civil Procedure, see HRCP rules 1, 81; proceedings not governed by Hawaii Rules of Civil Procedure, see RCC rule 31.

Law Journals and Reviews

When Children Prey on Children: A Look at Hawai`i’s Version of Megan’s Law and its Application to Juvenile Sex Offenders. 20 UH L. Rev. 477.

In the Best Interests of the Child: Juvenile Justice or Adult Retribution? 23 UH L. Rev. 341.

Case Notes

When family court is concerned about potential abuse of a minor, it may take action under chapter 587 to promptly address problem, regardless of whether action was initiated under this chapter or by way of formal chapter 587 petition. 84 H. 41, 928 P.2d 883.

No equal protection violation for use of preponderance of evidence standard of proof for §586-5.5 as family and household members not suspect class and rational basis underlying this standard adopted by legislature under this chapter for chapter 586 was to facilitate and expedite judicial issuance of protective orders. 85 H. 197 (App.), 940 P.2d 404.

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Haw. Rev. Stat. § 578-1

Section

578-1 Who may adopt; jurisdiction; venue

578-1.5 Adoption

578-2 Consent to adoption

578-3 Custody of child pendente lite

578-4 Notice to resident nonconsenting legal parent whose

rights have not been terminated

578-5 Same; proof of

578-6 Notice to nonresident or unlocated nonconsenting

legal parent whose rights have not been terminated

578-7 Substituted or constructive service

578-8 Hearing; investigation; decree

578-9 Custody of minor child after decree and before

adoption

578-10 Disposition of minor child on discontinuance,

withdrawal or denial of petition

578-11 Disposition in case of death of petitioners

578-12 Setting aside or modifying decree

578-13 Change of name

578-14 Record of adoption

578-14.5 Medical information on the natural parents of the

adopted minor child

578-15 Secrecy of proceedings and records

578-16 Effect of adoption

578-17 Guardian ad litem

Cross References

Adoption assistance compact, see chapter 350C.

Adoption assistance program, see §§346-301 to 305.

Interstate compact on placement of children, see chapter 350E.

Medicaid-related mandates, see chapter 431L.

Attorney General Opinions

Rights attendant to status of adoption require compliance with statutory procedures; rights of hanai children discussed. Att. Gen. Op. 93-1.

Law Journals and Reviews

Privacy v. Secrecy: The Open Adoption Records Movement and Its Impact on Hawai‘i. 15 UH L. Rev. 483.

The “Hawaiianness” of Same-Sex Adoption. 30 UH L. Rev. 517 (2008).

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Haw. Rev. Stat. § 580-1

Section

580-1 Jurisdiction; hearing

580-2 Commencement of action; summons

580-3 Service

580-3.5 Personal judgment against absent defendant

580-4 Cross-complaint

580-5 Proof

580-6 Guardian ad litem for incompetent defendant

580-7 Examination of parties to prevent collusion

580-8 Procedure when collusion suspected

580-9 Temporary support, etc.

580-10 Restraining orders; appointment of master

580-11 Care, custody, education, and maintenance of children

pendente lite

580-12 Sequestration of property

580-13 Security and enforcement of maintenance and alimony

580-14 Renumbered

580-15 County attorneys to represent court

580-16 Divorce decree, support order; social security number

Part II. Annulment

580-21 Grounds for annulment

580-22 Nonage

580-23 Former husband or wife living

580-24 Allowance for spouse and family

580-25 Inheritance by children

580-26 Lack of mental capacity

580-27 Legitimacy in case of annulment

580-28 Physical incapacity

580-29 No annulment solely on confessions

Part III. Divorce

580-41 Divorce

580-41.5 Battered spouses; exemption from mediation in divorce

proceedings

580-42 Irretrievable breakdown

580-42.5 Recrimination no defense

580-43 Repealed

580-44 Persons affected with Hansen’s disease represented by

attorney general

580-45 Decree

580-46 Final judgment; nunc pro tunc entry; validation of

certain marriages

580-47 Support orders; division of property

580-47.5 Notice to parties with children

580-48 Repealed

580-49 Support of insane spouse after divorce

580-50 Repealed

580-51 Modification of alimony on remarriage

580-52 Marriage after divorce

580-53 to 55 Repealed

580-56 Property rights following dissolution of marriage

Part IV. Separation

580-71 Grounds for separation

580-71.5 Separation no bar to divorce

580-72 Married persons may bring action in own name

580-73 Repealed

580-74 Support of spouse and children

580-75 Status of spouse during separation

580-76 Revocation or modification of separation decrees

Cross References

Marriage and family therapists, see chapter 451J.

Case Notes

“Allowance” as used in chapter is synonym for spousal or family support. 73 H. 566, 836 P.2d 1081.

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Haw. Rev. Stat. § 586-1

Section

586-1 Definitions

586-2 Court jurisdiction

586-3 Order for protection

586-4 Temporary restraining order

586-5 Period of order; hearing

586-5.5 Protective order; additional orders

586-5.6 Effective date

586-5.8 Transfer or release of domestic abuse victims

from shared wireless plans

586-6 Notice of order

586-7 Assistance of police in service or execution

586-8 Right to apply for relief

586-9 Modification of order

586-10 Copy to law enforcement agency

586-10.5 Reports by the department of human services;

court responsibilities

586-11 Violation of an order for protection

586-12 Mutual protective orders

Part II. Foreign Protective Orders

586-21 Foreign protective orders

586-22 Valid protective order

586-23 Filing of foreign protective order

586-24 Enforcement of foreign protective orders

586-25 Good faith immunity

586-26 Penalties

Cross References

Dependent adult protective services, see §§346-221 to 253.

Domestic violence fatality review, see §§321-471 to 476.

Domestic violence victims, early termination of tenancy and other rights, see §§521-80 to 521-82.

Law Journals and Reviews

Hamilton v. Lethem: The Parental Right to Discipline One’s Child Trumps a Child’s Right to Grow Up Free from Harm. 36 UH L. Rev. 347 (2014).

Case Notes

A protective order under this chapter does not unconstitutionally curtail a person’s freedom of movement. 85 H. 197 (App.), 940 P.2d 404.

No equal protection violation for use of preponderance of evidence standard of proof for §586-5.5 as family and household members not suspect class and rational basis underlying this standard adopted by legislature under chapter 571 for this chapter was to facilitate and expedite judicial issuance of protective orders. 85 H. 197 (App.), 940 P.2d 404.

Under §§571-14(a)(8) and 571-42, family court is vested with exclusive jurisdiction over proceedings under this chapter and applicable standard of proof to be applied in those proceedings is preponderance of the evidence. 85 H. 197 (App.), 940 P.2d 404.

Unless expressly permitted by the court, §134-7(f) unqualifiedly prohibits a person subject to an order under this chapter from possession and control of a firearm during the pendency of that order; this prohibition is effective irrespective of whether the respondent owned the firearms involved. 91 H. 438 (App.), 984 P.2d 1264.

Pursuant to this chapter, absent special circumstances, the family court should not be involved in any stage of the prosecution of an allegation of a knowing or intentional violation of a protective order by an adult person, including the stage where the allegations are referred to the police or the prosecutor, other than to simply advise interested parties that the proper place to present such allegations is to the police or the prosecutor, not to the family court. 99 H. 363 (App.), 55 P.3d 856.

The constitutional right to discipline is inherent in the right to care, custody, and control of one’s children; due process requires the State provide meaningful standards to guide the application of its laws; the appropriate standard for family courts to apply in contested chapter 586 show cause hearings is whether the parent’s discipline is reasonably related to the purpose of safeguarding or promoting the welfare of the minor; in applying such standard, circumstances, including factors such as the nature of the misbehavior, the child’s age and size, and nature and propriety of the force used, should also guide the courts in this State. 126 H. 294, 270 P.3d 1024 (2012).

The process for obtaining an ex parte temporary restraining order under this chapter did not fall short of the constitutional requirements of procedural due process where the strength of the State’s and petitioner’s interests, the “emergency nature of the decision”, and the “practical difficulties inherent in convening an immediate evidentiary hearing” mitigated against requiring further procedural protections. 125 H. 330 (App.), 260 P.3d 1148 (2011).

This chapter is not unconstitutional, as the right of parents to discipline their children is not unlimited; as parents do not possess a fundamental right to inflict force or harm upon a child that the legislature has deemed to be excessive and harmful to the child’s welfare, a rational basis review applied to this chapter; under that review, ex parte TROs under this chapter were rationally related to the legitimate state interest in protecting minors from physical and psychological harm. 125 H. 330 (App.), 260 P.3d 1148 (2011).

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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 §444-2.5

§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 §444-25.7

[§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 §444-7

§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 §444-9.2

§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 §448E-8.5

§448E-8.5  Continued competency; license renewals.  (a)  Prior to each license renewal, all licensed electricians except maintenance electricians shall:

(1)  Furnish the board with proof of attendance at an educational course related to current updates of the National Electrical Code conducted or approved by the community colleges; or

(2)  Successfully complete an examination prescribed by the board on current updates to the National Electrical Code.  The board shall contract with a professional testing agency to prepare, administer, and grade the examination.  Fees related to the examination shall be paid by the licensee directly to the professional testing agency.

(b)  Prior to each license renewal, all licensed plumbers shall:

(1)  Furnish the board with proof of attendance at an educational course related to current updates of the Uniform Plumbing Code conducted or approved by the community colleges; or

(2)  Successfully complete an examination prescribed by the board on current updates to the Uniform Plumbing Code. The board shall contract with a professional testing agency to prepare, administer, and grade the examination.  A licensee shall pay all fees related to the examination directly to the professional testing agency.

(c)  A licensee who has been issued a new license within one year of the renewal date shall not be required to take the course or the examination to renew the licensee's license. [L 1994, c 215, §2; am L 1997, c 76, §1; am L 2004, c 127, §2]

HRS §464-8

§464-8  Qualifications for licensure.  (a)  No person shall be eligible for licensure as a professional engineer unless:

(1)  The person is the holder of an unexpired license issued to the person by any jurisdiction, domestic or foreign, in which the requirements for licensure at the time the person was first licensed are of a standard satisfactory to the board; provided that if the board is in doubt as to whether the standards are satisfactory, or as to whether the holder was required to fully comply with them, it shall require that the holder successfully pass a written examination, prescribed by the board and designed to test the holder's knowledge, skill, and competency in the profession of engineering;

(2)  The person is the holder of a master's degree in engineering from an institution of higher education approved by the board; is a graduate of a school or college approved by the board as of satisfactory standing and has completed an engineering curriculum of four years or more; has had three years of full-time lawful experience in engineering work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of engineering;

(3)  The person is the holder of a master's degree in engineering from an institution of higher education approved by the board; has had four years of full-time lawful experience in engineering work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of engineering;

(4)  The person is a graduate of a school or college approved by the board as of satisfactory standing, and has completed an engineering curriculum of four years or more; has had four years of full-time lawful experience in engineering work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of engineering;

(5)  The person is a graduate of a school or college approved by the board as of satisfactory standing, and has completed an engineering technology or arts and science curriculum of four years or more; has had eight years of full-time lawful experience in engineering work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of engineering; or

(6)  The person has had twelve years of full-time lawful experience in engineering work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of engineering.

(b)  No person shall be eligible for licensure as a professional architect unless:

(1)  The person is the holder of an unexpired license in architecture issued to the person by any jurisdiction, domestic or foreign, and the person meets the requirements of this chapter and the rules of the board;

(2)  The person is the holder of a bachelor's, master's, or higher degree in architecture from a school or college approved by the board as of satisfactory standing; has had three years of full-time lawful experience in architecture work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a professional written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of architecture;

(3)  The person is a graduate of a school or college approved by the board as of satisfactory standing and has completed an architectural curriculum of four years or a pre-architecture or arts and science curriculum of four years or more; has had five years of full-time lawful experience in architecture work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a professional written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of architecture;

(4)  The person is a graduate of a community college or other technical training school approved by the board as of satisfactory standing, and has completed an architectural technology curriculum of two years or more; has had eight years of full-time lawful experience in architecture work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a professional written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of architecture; or

(5)  The person has had eleven years of full-time lawful experience in architecture work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a professional written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of architecture;

provided that those persons who qualify under paragraphs (2) through (5), as of June 30, 2000, shall be required to fulfill the requirements of the intern development program of the National Council of Architectural Registration Boards or of any similar program satisfactory to the board, and approved by the board.  For paragraph (2), the intern development program shall fulfill the experience requirement.  For paragraphs (3), (4), and (5), time participating in the intern development program shall be credited toward the experience requirement.

(c)  No person shall be eligible for licensure as a professional land surveyor unless:

(1)  (A)  The person is the holder of an unexpired license issued to the person by any jurisdiction, domestic or foreign, in which the requirements for licensure at the time the person was first licensed are of a standard satisfactory to the board; provided that if the board is in doubt as to whether the standards are satisfactory, or as to whether the holder was required to fully comply with them, it shall require that the holder successfully pass the national land surveyor licensing examinations and a written, multiple-choice examination on the subject of Hawaii land matters and Hawaii land description;

(B)  The person is a graduate of a school or college approved by the board as of satisfactory standing, and has completed a geoscience, civil engineering, or general engineering curriculum of four years or more; has had three years of full-time lawful experience in land surveying of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed the national land surveyor licensing examinations and a written, multiple-choice examination on the subject of Hawaii land matters and Hawaii land description;

(C)  The person is a graduate of a school or college approved by the board as of satisfactory standing, and has completed a civil engineering technology (survey option) curriculum of two years or more or arts and sciences curriculum of four years or more; has had seven years of full-time lawful experience in land surveying of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed the national land surveyor licensing examinations and a written, multiple-choice examination on the subject of Hawaii land matters and Hawaii land description; or

(D)  The person has had eleven years of full-time lawful experience in land surveying of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed the national land surveyor licensing examinations and a written, multiple-choice examination on the subject of Hawaii land matters and Hawaii land description; and

(2)  Any applicant shall certify on the application that the applicant has read, understood, and agrees to comply with the laws and rules that the board determines are required for licensure.

(d)  No person shall be eligible for licensure as a professional landscape architect unless:

(1)  The person is the holder of an unexpired license issued to the person by any jurisdiction, domestic or foreign, in which the requirements for licensure at the time the person was first licensed are of a standard satisfactory to the board; provided that if the board is in doubt as to whether the standards are satisfactory, or as to whether the holder was required to fully comply with them, it shall require that the holder successfully pass the national landscape architect licensing examination and a written examination, prescribed by the board designed to test the holder's knowledge of the State's climatic conditions, native plants and native ecosystems, land use ordinance and special management area requirements, and cultural and historical conditions affecting landscape architecture;

(2)  The person is the holder of a master's degree in landscape architecture from an institution of higher education approved by the board; is a graduate of a school or college approved by the board as of satisfactory standing and has completed a landscape architectural curriculum of four years or more; has had two years of full-time lawful experience in landscape architecture work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed the national landscape architect licensing examination and a written examination, prescribed by the board designed to test the person's knowledge of the State's climatic conditions, native plants and native ecosystems, land use ordinance and special management area requirements, and cultural and historical conditions affecting landscape architecture;

(3)  The person is a graduate of a school or college approved by the board as of satisfactory standing, and has completed a landscape architectural curriculum of four years or more; has had three years of full-time lawful experience in landscape architecture work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed the national landscape architect licensing examination and a written examination, prescribed by the board designed to test the person's knowledge of the State's climatic conditions, native plants and native ecosystems, land use ordinance and special management area requirements, and cultural and historical conditions affecting landscape architecture;

(4)  The person is a graduate of a school or college approved by the board as of satisfactory standing, and has completed a pre-landscape architecture or arts and science curriculum of four years or more; has had five years of full-time lawful experience in landscape architecture work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed the national landscape architect licensing examination and a written examination, prescribed by the board designed to test the person's knowledge of the State's climatic conditions, native plants and native ecosystems, land use ordinance and special management area requirements, and cultural and historical conditions affecting landscape architecture; or

(5)  The person has had twelve years of full-time lawful experience in landscape architecture work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed the national landscape architect licensing examination and a written examination, prescribed by the board designed to test the person's knowledge of the State's climatic conditions, native plants and native ecosystems, land use ordinance and special management area requirements, and cultural and historical conditions affecting landscape architecture.

(6)  The applicant shall also certify on the application that the applicant has read, understood, and agrees to comply with the laws and rules that the board determines are required for licensure.

In addition to the foregoing requirements, the board, in its discretion, may also require additional proof that the applicant is competent to practice professionally, and whenever the board is not fully satisfied from the results of an examination that any applicant is competent to practice professionally, it may give the applicant a further examination or examinations.

No person shall be eligible for licensure as a professional engineer, architect, land surveyor, or landscape architect if the person does not possess a history of honesty, truthfulness, financial integrity, and fair dealing. [L 1923, c 227, pt of §4; RL 1925, pt of §3686; am L 1931, c 165, pt of §2; RL 1935, pt of §7037; RL 1945, pt of §7609; am L 1949, c 306, pt of §4; RL 1955, §166-8; HRS §464-8; am L 1970, c 85, §1; am L 1972, c 56, §1; am L 1974, c 160, §1; am L 1983, c 155, §4; am L 1985, c 10, §1; am L 1986, c 164, §1; am L 1988, c 226, §5; am L 1989, c 210, §10; am L 1992, c 11, §2; am L 1997, c 263, §2; am L 1998, c 185, §1 and c 186, §1; am L 2001, c 135, §1]

HRS §467-11.5

§467-11.5  Prerequisites for license renewal.  (a)  Prior to the license renewal of a real estate broker or real estate salesperson, the licensee shall provide the commission with proof of having attended at least twenty hours of continuing education or its equivalent as determined by the commission during the two-year period preceding the application for renewal.  Failure to satisfy the continuing education requirement by the license expiration date shall result in the renewed license being automatically placed on an "inactive" status.

(b)  To reactivate a license which has been placed on an "inactive" status, the licensee shall submit to the commission proof of having satisfied the continuing education requirement of this section, a complete application setting forth the information as may be prescribed or required by the commission, and payment of the proper fee.

(c)  No license shall be renewed if the license trade name, partnership, or corporation is not currently registered with the department of commerce and consumer affairs.

(d)  Upon submission of a renewal application, an individual real estate licensee, who holds a current, unencumbered real estate license in another state, or who holds a current, unencumbered real estate license in a jurisdiction recognized by the Association of Real Estate License Law Officials, with an equivalent real estate licensing law as determined by the commission, may request a determination of equivalency for the elective course hours of the continuing education requirement.  The equivalency shall be based on the successful completion of the continuing education requirements in the other state or jurisdiction prior to submission of the renewal application.  Approval of the equivalency shall be subject to the real estate licensee completing the commission-designated core course, as determined by the commission. [L 1987, c 95, §§1, 3; am L 1989, c 217, §2; am L 1994, c 68, §1; am L 1995, c 241, §§5, 11; am L 1996, c 149, §1; am L 1997, c 289, §3; am L 1999, c 47, §3; am L 2002, c 129, §4; am L 2010, c 9, §2]

Note

$25 fee for equivalency determination application.  L 2002, c 129, §7.

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)