Hawaii Administrative Code

In lieu of a performance bond of not less than 100 per cent of the construction cost called for in section 514A-49(5), HRS, the commission may accept an irrevocable letter of credit issued by a federally insured lending institution authorized by the bank examination division, dep…

Any license to conduct an employment agency business may be forfeited if the licensee fails to timely renew the license, allows the bond to expire or be cancelled, or fails to employ a required principal agent holding a current license. Notes Haw. Code R. § 16-108-8.1 [Eff and co…

(a) Where the application is for a license to operate an employment agency in a place used for the conduct of another business or in rooms or quarters used for living purposes, the director may refuse to grant such license, if such refusal would be in the public interest. (b) Ill…

Each employment agency which advertises through newspapers or other media shall indicate its name in the advertisement. Notes Haw. Code R. § 16-108-11 [Eff 8/20/81; comp 11/26/90] (Auth: HRS § 373-19) (Imp: HRS § 373-11)

Each employment agency shall maintain a record of all newspaper or other printed advertisements initiated by the agency for at least two years. The record shall show the date and publication in which the advertisement appeared and the job order number of each job advertised. Note…

(a) Advertisements shall not contain both employer paid fee job openings and other job openings which are not employer paid fee jobs in the same listing. "Employer Paid Fee" jobs shall be listed separately from jobs designated as "Applicant Pays Fee" jobs. (b) Advertisements shal…

(a) Each employment agency shall submit two copies of its contract with an applicant to the director, and approval shall be indicated by an endorsement thereon by the director or the director's authorized representative. One copy shall be returned to the employment agency to be k…

No document or contract form which an employment agency shall require an applicant or the applicant's legal representative to execute or become a party to shall be used unless the form and contents thereof have been approved by the director or the director's authorized representa…

(a) Any contract between an applicant and the employment agency shall be in writing and shall contain statements of the following matters and requirements: (1) In bold print enclosed within a conspicuous border the gross amount of the estimated fee charged and the time period on …

Each employment agency shall keep a complete record in the English language of all job orders received from prospective employers. This record, which shall be called the "Job Order Record", shall contain the following: date when the job order was received; name and address of the…

Each employment agency shall also keep a complete record in the English language of each applicant to whom employment is offered or promised and of each referral by the employment agency to secure a job or for an interview for a job. This record which shall be called the "Applica…

Each employment agency shall issue a receipt to the applicant or the payer for any fee collected which shall contain the following information: receipt number consecutively stated; date of each transaction; total gross amount of the applicant's actual earnings on which the fee is…

A forfeited license may be restored within one year of the forfeiture upon filing of an application, the surety bond, and submittal of all fees, including restoration fees. Notes Haw. Code R. § 16-108-8.2 [Eff and comp 11/26/90] (Auth: HRS § 373-19) (Imp: HRS §§ 373-3, 373-4, 373…

Each employment agency shall keep a record of any and all investigations of the nature of the employment or engagement and the duties thereof and reputation of the employer which the agency is required to make under the provisions of section 373-11, HRS. Notes Haw. Code R. § 16-1…

(a) In addition to the requirements to maintain a bond pursuant to section 373-13.5, HRS, employment agencies shall have in their employ a principal agent holding a current and active license. (b) Failure to employ a required principal agent holding a current and active license s…

(a) Each employment agency shall file with the director a schedule, which may not be changed more than once during each calendar year, of its placement fees to be charged applicants. (b) Placement fee schedules shall be filed by January 31 of each calendar year. (c) Agencies who …

(a) The schedule of placement fees shall include a statement that the agency shall be entitled to charge and collect a placement fee from the applicant provided that the applicant accepts within ninety calendar days from the date of referral the position for which the applicant w…

The schedule of placement fees shall be printed or lettered in a size not less than eighteen printing points and the printing or lettering shall be in a legible style with adequate separation between lines. The effective date shall appear on all copies of the schedule and a copy …

The schedule, or change of schedule shall become effective upon approval of the director or the director's authorized representative provided that the director or the director's authorized representative shall approve or disapprove within sixty days after the schedule, or change …

(a) No employment agency shall charge or collect any registration fee or advance payment for providing employment information, procuring employment for applicants, or procuring employees for placement with employers, or any fee which is greater than the applicable fee listed in i…

No employment agency shall sell any employment contract of an applicant to a finance company or other purchaser until after the temporary employment shall have run or permanent employment shall have been established. Notes Haw. Code R. § 16-108-27 [Eff 8/20/81; comp 11/26/90] (Au…

The director may suspend or revoke the license of an employment agency for willful violation of the provisions of chapter 373, HRS, or any rules promulgated pursuant thereto, after a hearing conducted pursuant to chapter 91, HRS, and the uniform rules of administrative procedure …

(a) Every application for an employment agency or principal agent license, employment consultant examination, renewal of a license, or restoration of a license shall be accompanied by the appropriate fees as provided in chapter 16-52 by the director. (b) License and examination f…

The rules of practice and procedure for commercial employment agencies 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. Co…

All fees shall be submitted to the department of commerce and consumer affairs, State of Hawaii. Notes Haw. Code R. § 16-108-4 [Eff 8/20/81; am and comp 11/26/90] (Auth: HRS § 373-19) (Imp: HRS §§ 373-3, 373-5)

(a) Each application for an employment agency or branch office license shall be made on a form prescribed by the director and shall contain the following information: (1) The business name of the employment agency, which may not be identical or similar to that of another employme…

(a) Examinations shall be given at least four times per year by a professional testing agency. (b) The passing score of the examination shall be seventy per cent. (c) An examination shall not be required when the applicant has previously passed the written examination within a pe…

Each employment agency shall obtain and maintain in force a statutory surety bond with the director in the penal sum of $5000 that has been issued by a surety company admitted to conduct business in this state and as provided under section 373-4, HRS. The surety bond shall specif…

(a) All licensees shall complete and file with the director a renewal application with the required fees by June 30 of each even-numbered year. If mailed, the postmark will be considered the date of filing. If a complete renewal application is not filed on or before June 30 of th…

Each employment agency or principal agent shall notify the director in writing of any change of the information provided on the application or any subsequent information provided to the director within thirty days of the change. Notes Haw. Code R. § 16-108-9 [Eff 8/20/81; am and …

The objective of this chapter is to establish licensing requirements for physical therapists in the interest of safeguarding life and health. Notes Haw. Code R. § 16-110-1 [Eff 6/5/87; comp 12/4/92; comp 10/13/94; comp 12/9/10] (Auth: HRS § 461J-5) (Imp: HRS § 461J-5) The amended…

(a) All applicants for licensure shall apply on a form or forms prescribed by the board. (b) The proper documentation and fee shall accompany the application forms. (c) It shall be the applicant's responsibility to submit all evidence of qualifications, including the passage of a…

As used in this chapter: "Accredited physical therapist assistant program" means a post-secondary physical therapist assistant program that is accredited by the Commission on Accreditation in Physical Therapy Education, its predecessor organization, or its successor organization.…

(a) A person seeking a permanent license to practice as a physical therapist in the State shall submit an application for the license on forms provided by the board. (b) An applicant for licensure shall provide the board with:(1) A certified transcript indicating graduation from …

A licensed physical therapist may perform an evaluation of any person without a referral. A physical therapist may treat a patient with or without a referral unless the physical therapist has reasonable cause to believe that the patient has a symptom or condition that is either b…

Notes Haw. Code R. § 16-110-30 R 12/9/10 The amended version of this Section by Hawaii Administrative Rules Listing of Filings, 2015-01, February, eff.2/28/2015 is not yet available.

(a) A physical therapist shall supervise all physical therapy care provided by support or auxiliary personnel. (b) A supervising physical therapist shall be responsible for managing all aspects of the physical therapy care of each patient. A licensed physical therapist shall util…

(a) An applicant for a temporary license who has applied for a permanent license, shall provide the board with: (1) The documents and evidence of qualifications as set forth in paragraph 16-110-20(b)(1) or (2); and (2) Evidence that the applicant has submitted to the board either…

Notes Haw. Code R. § 16-110-41 R 12/9/10 The amended version of this Section by Hawaii Administrative Rules Listing of Filings, 2015-01, February, eff.2/28/2015 is not yet available.

Notes Haw. Code R. § 16-110-42 R 12/9/10 The amended version of this Section by Hawaii Administrative Rules Listing of Filings, 2015-01, February, eff.2/28/2015 is not yet available.

Support or auxiliary personnel may perform the following treatment or intervention components that they are qualified to perform and as delegated by the supervising physical therapist: (1) A physical therapist assistant, a temporary physical therapist licensee and physical therap…

For purposes of section 461J-12(8), HRS, "professional misconduct, gross carelessness, or manifest incapacity in the practice of physical therapy" includes, but shall not be limited to: (1) Administering treatments or evaluation in a negligent manner; (2) Falsifying or otherwise …

(a) A licensed physical therapist shall wear a conspicuously placed name tag stating, at a minimum, the person's name and the title "physical therapist" or "PT". (b) The supervising physical therapist shall ensure that all support or auxiliary personnel wear a conspicuously place…

The rules of practice and procedure for physical therapists shall be as provided in chapter 16-201, the rules of administrative practice and procedure of the department of commerce and consumer affairs, as adopted and as may subsequently be amended, which are incorporated by refe…

(a) The board shall accept oral testimony on any item which is on the agenda, provided that the testimony shall be subject to the following conditions: (1) Each person seeking to present oral testimony is requested to notify the board not later than forty-eight hours before the m…

(a) The fees for the board of physical therapy shall be as adopted by the director in chapter 16-53, after hearing, pursuant to chapter 91, HRS. (b) The dishonoring of any check upon first deposit shall be considered a failure to meet the requirements of this chapter. Notes Haw. …

This chapter is intended to clarify and implement chapter 443B, Hawaii Revised Statutes, to the end that the provisions thereunder may be best effectuated and the public interest most effectively served. Notes Haw. Code R. § 16-112-1 [Eff 4/22/94] (Auth: HRS § 443B-2) (Imp: HRS §…