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

(a) The initial curriculum and any additional courses offered by a school shall be approved by the commission. (b) Broker and salesperson classes shall not be held together unless approved by the commission. Notes Haw. Code R. § 16-99-57 [Eff and comp 3/3/84; am and comp 11/3/90;…

(a) Each school shall designate an individual as principal. (b) The principal shall be responsible for:(1) Complying with the commission's rules relating to real estate schools; (2) Providing reports and information as may be required by the commission; (3) Informing the commissi…

(a) Tuition rates and all other charges shall be published in the school catalogue. No school shall deviate from its published tuition rates and charges. (b) Tuition and other charges collected from enrollees shall be refunded in full by the school if the course for which the tui…

(a) A licensee who has no pending complaints, investigations, disciplinary petitions filed against the licensee, or disciplinary hearings before the commission may surrender the person's real estate license, and shall: (1) Return the licensee's pocket identification card and wall…

A certificate of completion shall be issued by the school in a form and size approved by the commission, and shall be awarded only to a student who attends eighty per cent of the scheduled classes and who completes with a passing grade the final examination of a course of study c…

(a) Each school shall maintain records on the following:(1) Class attendance of each student; (2) Tuition and other charges collected from each student; (3) The names of the students to whom it issued a certificate of completion, the course for which the certificate of completion…

Each school may be required to submit reports to the commission and may be subject to review regarding its educational programs conducted in conformance with this chapter. Notes Haw. Code R. § 16-99-63 [Eff and comp 3/3/84; comp 11/3/90; comp 2/25/91; comp 5/21/01] (Auth: HRS §§ …

Registered schools and schools that have applied for registration may be inspected by the commission. Notes Haw. Code R. § 16-99-64 [Eff and comp 3/3/84; comp 11/3/90; comp 2/25/91; comp 5/21/01] (Auth: HRS §§ 467-4, 467-25.5) (Imp: HRS § 467-25.5) Am and Comp 12/19/2016

(a) Applications for renewal of a school's registration shall be submitted by the commission prescribed deadline of every even-numbered year. (b) The following shall accompany an application:(1) A renewal fee; (2) A statement as to the enrollment and advance deposit charged per s…

(a) For purposes of this subchapter, "advertising" means an announcement by an accredited real estate school for the purpose of promoting the school or soliciting students and shall include, but not be limited to, all printed, audio, and visual communications, such as newspaper a…

(a) Each school shall distribute to prospective students and other interested persons, a brochure or catalogue. Each brochure or catalogue shall include, at minimum, the following: (1) Name, address, and telephone number of the school; (2) Date of issue; (3) School's owner or own…

(a) No school shall provide any information to the public or to prospective students which is false, misleading, or deceptive. Information is "misleading" when there may be a possibility that it will deceive the class of persons whom it is intended to influence. (b) No school sha…

The commission may revoke or suspend the registration of any real estate school, the approval of any real estate course, or the certification of any instructor for any of the following causes: (1) The school, instructor, or course falls below the minimum requirements established …

The biennial renewal fee and completed renewal application shall be submitted on or before the commission prescribed deadline. Unless renewed, all real estate licenses expire at the end of every even-numbered year. When the renewal deadline falls on a non-working day, renewal fee…

(a) When the commission denies an application for registration or renewal of a school, or deems it proper to revoke or suspend the registration of any school, the approval of any course, or the certification of any instructor, the commission shall notify in writing the person or …

The rules of practice and procedure for real estate shall be as provided in chapter 16-201, the rules of practice and procedure of the department of commerce and consumer affairs, which are incorporated by reference and made a part of this chapter. Notes Haw. Code R. § 16-99-75 […

Upon the occurrence of all of the following, the commission may settle any subsequent claim against the real estate recovery fund involving a licensee that was previously named in an order and on whose behalf the commission had been required to make payments out from the recovery…

(a) The commission shall accept oral testimony on any item which is on the commission's agenda, provided that the testimony shall be subject to the following conditions: (1) Each person seeking to present oral testimony shall so notify the commission no later than forty-eight hou…

As used in this subchapter: "Beyond professional entry" means the course objectives involve learning outcomes which help the licensee develop more than minimal entry level competency in the subject matter of the course including consumer protection in real estate transactions. "C…

(a) In reviewing a request for an equivalency of the required continuing education hours as specified in sections 467-4.5 and 467-11.5, HRS, the commission may be guided but may not be limited by all of the following: (1) The request is for a course completed, within the current …

The commission, as a form of disciplinary action against a licensee, may suspend the right of the licensee to use the license for a period not to exceed five years. Prior to conducting any real estate activity, a licensee with a suspended license shall reinstate the license pursu…

In renewing an individual license on an active status, the licensee shall provide the commission evidence of completing the continuing education hours as required in section 467-11.5 HRS, including a mandatory core course if specified by the commission, which have been completed …

Prior to making a written request to activate an inactive status individual license, an applicant who has been inactive for one or more renewal periods, shall first satisfy the prescribed continuing education hours of one prior renewal period. The commission shall credit the appl…

Prior to applying to the commission for restoration or reinstatement of a license to active status, an applicant shall satisfy the prescribed continuing education hours or the equivalent as determined by the commission for one prior renewal period. The commission shall credit the…

Except as permitted by sections 16-99-91 and 16-99-92, continuing education clock hours obtained in excess of the continuing education hours required by section 467-11.5, HRS, cannot be carried forward to satisfy the continuing education requirements for any subsequent license re…

The form of a continuing education certificate of completion of course shall be as prescribed by the commission. The number of continuing education hours appearing on each certificate shall be the number of hours previously approved by the commission. A continuing education provi…

Except as provided by the commission or by this subchapter, a licensee shall not take a continuing education course for which the licensee has already received a certificate within two consecutive biennia. Notes Haw. Code R. § 16-99-95 [Eff and comp 2/25/91; am and comp 5/21/01] …

In satisfying the continuing education hours of a license period, an instructor who is a real estate licensee, may use once in any two consecutive biennium, the clock hours for each course taught except the core course which may be recognized for clock hours each biennium. The on…

Upon application, on a form provided by the commission, and for good cause shown as determined by the commission, the commission may extend the time for completing the continuing education hours. Notes Haw. Code R. § 16-99-97 [Eff and comp 2/25/91; comp 5/21/01] (Auth: HRS §§ 467…

An individual or organization may solicit students for, advertise for, or take reservations for a continuing education course offering, when the proposed continuing education course is: (1) Certified by the commission; (2) Identified by a specified commission assigned course numb…

(a) A continuing education provider shall be responsible for the administration of the course offering. An application for registration as a continuing education provider shall be made to the commission on a form prescribed by the commission. The application shall be submitted wi…