Hawaii Administrative Code

Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State. Notes Haw. Code R. § 16-114-117 [Eff 3/11/91; comp 9/23/91; comp 4/17/98; comp 1/10/…

The rules of practice and procedure for appraisers shall be as provided in chapter 16-201, the rules of practice and procedure of the department as adopted and as may subsequently be amended, which are incorporated by reference and made a part of this chapter. Notes Haw. Code R. …

The director or the director's delegate shall prepare annually, a roster showing the name and place of business of each individual holding a license as a state licensed appraiser or a certificate as a state certified appraiser. The roster shall be sent to the Appraisal Subcommitt…

(a) There shall be a Hawaii real estate appraiser advisory committee consisting of seven members appointed by the director to assist with the implementation of chapter 466K, HRS, and this chapter. (b) Three members of the committee shall be appraisers who have been actively perfo…

(a) The fees shall be set forth in chapter 16-53. (b) The annual registry fee may be increased if the Appraisal Subcommittee or the Federal Financial Institutions Examination Council so informs the director of the increase, and may be imposed on licensees or certificate holders w…

The fees, if in the form of a money order or check, shall be made payable to the department of commerce and consumer affairs. Notes Haw. Code R. § 16-114-138 [Eff 3/11/91; comp 9/23/91; comp 4/17/98; comp 1/10/09; comp 8/27/12] (Auth: HRS § 466K-3) (Imp: HRS § 466K-3) The amended…

The dishonoring of any check upon first deposit shall be considered a failure to meet requirements. Notes Haw. Code R. § 16-114-139 [Eff 3/11/91; comp 9/23/91; comp 4/17/98; comp 1/10/09; comp 8/27/12] (Auth: HRS § 466K-3) (Imp: HRS § 466K-3) The amended version of this section b…

(a) The terms of the members shall be for four years; provided that the director may reduce the terms of members initially appointed so as to stagger terms so that the term of one member expires in the first year; the term of two members expires in the second year; the term of tw…

(a) All fees, except for the annual registry fees, shall be deposited into the compliance resolution fund established pursuant to section 26-9(o), HRS. (b) The annual registry fees shall be transmitted by the department to the Federal Financial Institutions Examination Council in…

It shall be unlawful for an individual who is not licensed or certified under chapter 466K, HRS, and this chapter to prepare or hold oneself out as being able to prepare an appraisal in connection with a federally related transaction or non-federally related transaction requiring…

As used in chapter 466K, HRS, and in this chapter: "Appraisal" or "appraisal report" means a written or oral statement independently and impartially prepared, setting forth an opinion as to the market value of an adequately described property as of a specific date(s), supported b…

All applicants for a license or certificate shall possess a reputation and record for honesty, trustworthiness, fairness, and financial integrity; meet educational and experiential requirements; and shall pass an examination approved by the Appraiser Qualifications Board of the A…

(a) Applicants shall submit proof of successful completion of courses taken from approved course providers in subjects related to real estate appraisal which shall include coverage of the national USPAP course or its equivalent. (1) An applicant for licensure or certification sha…

(a) Colleges, universities, community colleges, and junior colleges accredited by nationally recognized accreditation organizations and state or federal agencies or commissions are approved course providers. (b) Real estate appraiser associations or real estate related organizati…

(a) Course providers or courses may be disapproved when: (1) The instructor of the course or administrators of the course provider has had any disciplinary proceeding filed or disciplinary action taken by any jurisdiction; (2) The instructor of the course fails to demonstrate kno…

(a) Each applicant shall obtain prior to the date of application for licensure, appraisal experience as required in this section, and shall submit documentation by way of verification on forms provided by the director. Hours may be treated as cumulative in order to achieve the ne…

Notes Haw. Code R. § 16-114-25 R 3/4/98 The repealed version of this section by Hawaii Administrative Rules Listing of Filings, 2016-01, November, eff. 11/27/2016 is not yet available.

(a) Each applicant for a license or a certificate shall successfully pass the appropriate examination which has been approved by the Appraiser Qualifications Board of the Appraisal Foundation. Applicants must successfully complete the education requirement prior to applying for t…

The state appraiser license or state appraiser certificate shall be issued upon the applicant meeting all appropriate requirements. Licenses or certificates shall be valid until December 31 of the odd-numbered year immediately following the issuance of the license or certificate.…

A state license or state certificate shall only be issued to individuals and the license or certificate shall not be transferable. Notes Haw. Code R. § 16-114-28 [Eff 3/11/91; comp 9/23/91; am and comp 4/17/98; comp 1/10/09; comp 8/27/12] (Auth: HRS § 466K-3) (Imp: HRS § 466K-3) …

Every licensee or certificate holder shall provide written notice to the director of any changes of the licensee's or certificate holder's mailing, business, or residence address within ten days of the change. Any requirements that the director provide notice to licensed or certi…

Notes Haw. Code R. § 16-114-32 R 3/4/98 The repealed version of this section by Hawaii Administrative Rules Listing of Filings, 2016-01, November, eff. 11/27/2016 is not yet available.

Notes Haw. Code R. § 16-114-33 R 3/4/98 The repealed version of this section by Hawaii Administrative Rules Listing of Filings, 2016-01, November, eff. 11/27/2016 is not yet available.

Application for licensure or certification shall be made on a form to be provided by the director. The form may require the applicant to provide: (1) The applicant's full name; (2) A statement that the applicant has attained the age of majority; (3) The applicant's current busine…

Every applicant shall furnish the following with the application: (1) The appropriate fees; (2) Proof that the applicant has met the educational and experience requirements; (3) Employer verification of experience statement; (4) Three references from individuals who have had deal…

It shall be each applicant's responsibility to furnish the information and documentation requested. In the event of any change of information provided, the applicant shall notify the director in writing within thirty days of any change. Notes Haw. Code R. § 16-114-36 [Eff 3/11/91…

Every application and all references shall be signed by the applicant or the person attesting to the experience and reputation of the applicant. All persons attesting to the experience and reputation of the applicant shall swear to the truth of the statements contained therein be…

(a) For completed applications received on or after January 1, 2008, a state licensed or certified appraiser holding a current and active license or certificate may apply for upgrade as follows: (1) For state certified residential appraiser certification, submittal of: (A) Approp…

When an applicant has been convicted of a crime related to the appraisal profession and it is determined that the conviction may be considered under section 831-3.1, HRS, the director or the director's authorized delegate may request the following documents from the applicant: (1…

(a) An application for issuance of a license or certificate shall be denied when an application is insufficient or incomplete or when an applicant has failed to provide satisfactory proof that the applicant meets the requirements under subchapter 4 and this subchapter. In additio…

All licenses and certificates shall expire on December 31 of each odd-numbered year. Before November 15 of each odd-numbered year the director or director's authorized delegate shall mail to every licensee or certificate holder, except those whose license or certificate has been …

All licensees and certificate holders shall [complete and] submit a completed renewal application, required fees, and original documentation of successful completion of the required continuing education hours including successful completion of the seven hour National USPAP Update…

Paying fees with a check which is dishonored upon first deposit, or failing to timely renew the license or certificate, pay the applicable fees, submit the required continuing education hours, or submit proof of completion of the USPAP course requirement shall cause the license o…

(a) A license or certificate which has been forfeited may be restored within two years after the date of forfeiture provided the applicant pays the appropriate fees including restoration fees, and submits all continuing education hours that would have been required had the licens…

The director may refuse to renew or restore a license or certificate for failure or refusal of the licensee or certificate holder: (1) To properly complete or timely submit the renewal application form and submit all fees and required documentation; (2) To maintain a good reputat…

A state certified general appraiser is certified to perform appraisals for all real estate property types. Notes Haw. Code R. § 16-114-71.5 [Eff and comp 1/10/09; comp 8/27/12] (Auth: HRS § 466K-3) (Imp: HRS § 466K-3) The amended version of this section by Hawaii Administrative R…

(a) The purpose of continuing education is to ensure that the appraiser participates in programs to maintain and increase the appraiser's skill, knowledge, and competency in real estate appraising. (b) As a prerequisite to renewal of a license or certificate, the appraiser shall …

(a) For all licensees and certificate holders, the continuing education requirement shall be fourteen classroom hours of instruction in courses or seminars for each year during the biennium period preceding the renewal which shall include the successful completion of the seven-ho…

(a) A classroom hour is defined as fifty minutes out of each sixty minute segment. (b) Credit toward the classroom hour requirement may be granted only where the length of the educational offering is at least two hours. (c) No additional credit shall be granted for any comparable…

(a) Approved course providers shall be as stated in section 16-114-22. (b) Credit may be granted for educational offerings which are consistent with the purposes of continuing education stated in section 16-114-54 and which cover real estate appraisal related topics such as those…

Continuing education credit hours in excess of the required number of continuing education hours for each biennium shall not be credited to satisfy continuing education hours for the next biennial renewal period. Notes Haw. Code R. § 16-114-58 [Eff 3/11/91; comp 9/23/91; am and c…

(a) A license or certificate may be placed on an inactive status upon written notification to the director by the licensee or certificate holder of the effective date of inactivation and payment of an inactive fee. (b) A licensee or certificate holder on inactive status shall be …

(a) An inactive licensee or certificate holder may apply for reactivation upon payment of the reactivation fee and applicable renewal fees, and proof of completion of all continuing education hours that would have been required had the licensee or certificate holder maintained li…

(a) Certified appraisers may directly supervise appraiser assistants provided: (1) The certified appraiser is in good standing and not subject to any disciplinary action within the last two years that affects the certified appraiser's legal ability to practice appraisal, and (2) …

The director shall have the following powers and duties: (1) To grant, deny, renew, or refuse to renew permission to practice as a licensed or certified real estate appraiser in this State; (2) To adopt, amend, or repeal rules as the director finds necessary to effectuate fully t…

A state licensed appraiser is licensed to perform: (1) Noncomplex one-to-four family residential property appraisals in connection with any federally related transaction or non-federally related transaction having a transaction value up to, but not including, $1,000,000; (2) Othe…

A state certified residential appraiser is certified to perform appraisals of all 1-4 residential properties without regard to value or complexity, and all other properties with transaction values up to $250,000. Notes Haw. Code R. § 16-114-71 [Eff 3/11/91; am and comp 9/23/91; a…