HAR 16-99 — REAL ESTATE BROKERS AND SALESPERSONS (Subchapter 1 to 10)

The commission may not certify a continuing education course, or any portion thereof, which: (1) Does not directly relate to real estate law or real estate practice; (2) Is related to passing a prelicense real estate salesperson or broker exam; (3) Teaches general office skills, …

(a) An application for certification of a continuing education course shall be made on a form prescribed by the commission. Applications for course certification shall be made for all courses except those courses which have been developed by the commission. The certification shal…

(a) A provider shall not solicit students for registration for any offering of a certified continuing education course without first notifying the commission on a form prescribed by the commission at least three calendar days prior to the course offering date. In notifying the co…

(a) Every continuing education provider shall determine that each instructor evidences an ability to teach and command knowledge of the subject matter of the course and shall certify to the commission on a form prescribed by the commission that each instructor has met the commiss…

(a) A continuing education provider shall be biennially registered with the commission. The biennial registration renewal fee shall be paid to the department of commerce and consumer affairs by the commission-prescribed deadline of every even-numbered year. (b) A continuing educa…

(a) Failure, neglect, or refusal by any person to pay the respective biennial renewal provider registration fee or course certification fee shall constitute a forfeiture of the certificate of registration or certification. (b) Any forfeited certificate of registration or certific…

All fees shall be as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91, HRS. Notes Haw. Code R. § 16-99-107 [Eff and comp 2/25/91; am and comp 5/21/01] (Auth: HRS §§ 467-4, 467-4.5, 467-11.5) (Imp: HRS §§ 467-4.5, 467-11.5) Comp 12/…

The commission may revoke or suspend the certification of a continuing education course for any of the following causes: (1) The course no longer satisfies the requirements of section 16-99-100; (2) The course contains outdated or incorrect information; and (3) Such other cause a…

The commission may revoke or suspend a continuing education provider's registration for any of the following causes: (1) The provider allows its instructors to use outdated course information and material in the teaching of any continuing education course; (2) The provider permit…

(a) All real estate advertising and promotional materials shall include the legal name of the brokerage firm or a trade name previously registered by the brokerage firm with the business registration division and with the commission. For advertising and promotional purposes only,…

(a) A continuing education provider shall submit all required reports and records by the deadline prescribed by this subchapter and by other designated administrative deadlines as from time to time may be imposed by the commission. (b) When a provider fails to keep, produce, or t…

(a) A real estate continuing education provider shall maintain for a period of at least four years records of course offerings (including names of instructors, dates of and locations of course offerings), student attendance, student registration, course completions, student evalu…

(a) For purposes of this subchapter, "advertising" means an announcement by a continuing education provider for the purpose of promoting itself as a provider or for soliciting students and includes, but is not limited to, all printed and visual communications, such as newspaper a…

A continuing education provider shall not engage in any of the following acts: (1) Provide any information to the public or to a prospective student, which is false, misleading, or deceptive. Information is "misleading" when there may be a possibility that it will deceive the cla…

Prior to allowing any licensee into a continuing education course, a continuing education provider shall verify the identification of that licensee. At minimum, the continuing education provider shall require a picture identification and a current real estate pocket card or notif…

Ten days prior to the cancellation of provider registration, a provider shall in writing inform the commission of its intent to cancel its registration and discontinue the offering of courses. Within a reasonable time, after informing the commission of its intention to cancel its…

Any anticipated material change to a commission certified continuing education course shall be submitted by the course owner to the commission for approval thirty days prior to making the changes. Notes Haw. Code R. § 16-99-117 [Eff and comp 2/25/91; am and comp 5/21/01] (Auth: H…

With or without the giving of any prior notice, the commission may conduct a review, evaluation, or investigation of an application for continuing education course certification or continuing education provider registration. With or without any prior notice, the commission may co…

On the day of a real estate licensing examination, a licensee shall not at the exam site or at any place on the property where the exam site is located, directly or indirectly, recruit, solicit, offer to employ, discuss employment with, or distribute literature promoting the lice…

(a) Each continuing education provider shall designate an individual as administrator. (b) The administrator shall be responsible for: (1) Complying with the commission's rules relating to continuing education providers as set forth in this subchapter; (2) Providing reports and i…

A continuing education provider shall prominently display its certificate of provider registration in its business office at all times. Notes Haw. Code R. § 16-99-122 [Eff and comp 2/25/91; am and comp 5/21/01] (Auth: HRS §§ 467-4, 467-4.5, 467-11.5) (Imp: HRS §§ 467-4.5, 467-11.…

(a) A continuing education provider shall have and maintain classrooms that have adequate space, seating, equipment, and instructional material. (b) A provider shall provide written certification to the commission that each classroom conforms to the zoning, building, electrical, …

A continuing education provider shall not conduct classes when it has been notified by the appropriate county agency that the conditions existing at the continuing education provider's facilities violate county building, fire, or health codes. The continuing education provider ma…

(a) In the event an application for provider registration, renewal of registration, course certification, or renewal of certification is denied, the commission shall notify the applicant of the commission's decision, state specifically the reason for denying the application, and …

Any person whose application for registration or certification has been denied, or whose registration or certification has been revoked or suspended by the commission shall be entitled to a hearing pursuant to chapter 91, HRS, and chapter 16-201; provided that a request for a con…

(a) Registrations made pursuant to section 467-30, HRS, shall expire on December 31 of each even-numbered year. (b) All business entities registered pursuant to section 467-30(b), HRS, with the exception of sole proprietors, shall be currently registered, duly authorized, and in …

(a) The fidelity bond shall be issued by a company currently authorized by the insurance commissioner of Hawaii to issue insurance in this State. (b) Unless otherwise approved by the commission, the fidelity bond shall: (1) Name the department of commerce and consumer affairs as …

(a) Condominium hotel operators, including condominium hotel operators who are precluded from holding a license as a real estate broker or real estate salesperson pursuant to 467-30(g)(2), HRS shall comply with section 16-99-4. For purposes of compliance, when the condominium hot…

(a) The condominium hotel operator shall ensure that the terms and conditions agreed upon between the apartment or unit owner and the condominium hotel operator for operating a condominium hotel are in writing, and that a copy is given to each apartment or unit owner. The terms a…

An application filed with the commission shall be prepared in accordance with and contain the information and documentation called for in the application form and the accompanying instructions provided by the commission. All applications shall be accompanied by a nonrefundable fe…

(a) All applications for a real estate salesperson or broker license shall be accompanied by: (1) The required fee; and (2) Supporting documents to satisfy the applicable education and experience requirements. Applications not accompanied by supporting documents shall be rejected…

(a) Only those persons who do not hold a real estate license, either salesperson or broker, may register as a condominium hotel operator. (b) Where an entity includes the following persons holding a real estate salesperson or broker's license, that entity may not register as a co…

In the event an application for admission to the examination, for issuance, reinstatement, or restoration of a license is denied, the commission shall notify the applicant by letter of the commission's action which shall include a concise statement of the reasons therefor and if …

Any person whose application for admission to the examination, for the issuance, reinstatement, or restoration of a license has been denied by the commission, shall be entitled to a hearing; provided that a demand for a hearing is filed with the commission within sixty days of th…

If a demand for a hearing is filed within the time prescribed, the commission shall order a hearing pursuant to chapters 91 and 92, HRS, and chapter 16-201, Administrative Practice and Procedure. Notes Haw. Code R. § 16-99-23 [Eff 12/26/74; am and ren § 16-99-23, 4/27/81; am and …

The commission may deny an applicant admission to the examination, or issuance of license, void applicant's examination score, or revoke a license on the ground of falsification of any information supplied in the application for examination, application for experience certificate…

(a) No license shall be issued to any individual unless the individual takes and passes an examination as prescribed by the commission for the license applied for. The minimum passing score for the uniform and the State portions of the examination shall be seventy for salesperson…

(a) To fully protect the general public in its real estate transactions, every licensee shall conduct business, including the licensee's own personal real estate transactions, in accordance with this section. (b) The licensee shall protect the public against fraud, misrepresentat…

Candidates shall demonstrate, by passing with a grade satisfactory to the commission an examination given by it and appropriate to the license sought, that they have a reasonable knowledge of general principles and practices of real estate transactions and the law and rules perta…

The education requirement for the salesperson license examination shall be satisfied by successful completion of a curriculum in real estate at an accredited institution, consisting of a minimum of sixty class hours and conforming to the approved curriculum for salesperson adopte…

(a) The commission may grant an equivalency to the respective education requirements for applicants for the salesperson license examinations for: (1) Those who hold a current license that was active within one year immediately prior to the date of application as a salesperson or …

(a) Every brokerage firm that does not immediately place all funds entrusted to the brokerage firm in a neutral escrow depository, shall maintain a trust fund account in this State with some bank or recognized depository, which is federally insured, and place all entrusted funds …

The commission may authorize the use of funds deposited in the real estate education fund for the benefit of and improvement of services to the consuming public, licensees, commissioners, and staff. The education fund may be used for classes, media exposure, participation in nati…

The commission may require the person requesting reinstatement of a suspended license or applying for a new license following license revocation to submit other information and documents that may be helpful to the commission in evaluating the person's request. Notes Haw. Code R. …

(a) A registered school shall not offer courses which may be used to fulfill the educational requirements for a real estate license unless it first registers with the commission and complies with the requirements of this subchapter. (b) "School" as used in this subchapter include…

(a) A registered school shall be a school which applies for a certificate of registration from the commission and which is found by the commission to have met the requirements imposed by chapter 467, HRS, and this chapter. (b) A registered school shall have on file at the school'…

(a) A registration shall be granted to the owner for a specific school registered under a particular name to teach specific real estate courses. (b) Application for the initial registration of a school shall be made to the commission not less than ninety days before the opening d…