Hawaii Administrative Code

Renewal fees paid by mail shall be considered as paid when due if the envelope bears a postmark of April 30 or earlier. Notes Haw. Code R. § 16-115-7 [Eff 8/29/94; comp 10/26/01; comp 5/23/13] (Auth: HRS § 464-7) (Imp: HRS §§ 464-7, 464-9)

The passing score shall be: (1) A grade of not less than seventy for the NCEES fundamentals of land surveying and professional land surveying examinations, or a grade of pass for similar state-produced licensing examinations; and (2) A grade of not less than seventy for the board…

(a) To be eligible for the NCEES fundamentals of land surveying examination, the person shall: (1) Be a graduate of a school or college approved by the board and have completed a geo-science or civil or general engineering curriculum of four years or more; (2) Be a graduate of a …

(a) To be eligible for the NCEES or board-produced professional land surveying examination, the person shall: (1) Be a graduate of a school or college approved by the board, have completed a geo-science, civil engineering, or general engineering curriculum of four years or more a…

(a) A person may retake the examination(s) failed. (b) A person applying to retake the NCEES fundamentals of land surveying examination, NCEES professional land surveying examination, and board-produced professional land surveying examination shall file an Application for Re-exam…

(a) The following may be acceptable lawful experience subject to the evaluation and approval of the board: (1) Field and office training or experience in land surveying under the supervision of licensed professional land surveyors; or (2) Teaching in an accredited institution, sc…

(a) The licensee shall use a seal or stamp that is legible and reproducible of the following design: (1) Two circles - a smaller one, 1-1/8" in diameter, within a larger one, 1-1/2" in diameter. The name of the licensee and the words "Hawaii, U.S.A." shall be in the outer or annu…

To apply for licensure, a person shall complete and file with the board the appropriate application forms. The following forms are currently in use by the board: (1) Application for Licensure-Landscape Architect; (2) Additional Experience Form; (3) Verification of Lawful Experien…

(a) The landscape architect committee shall review a person's qualifications for licensure by endorsement and make recommendations to the board. (b) To be eligible for licensure by endorsement, a person shall hold a current license from another jurisdiction, currently possess the…

(a) The landscape architect committee shall review a person's qualifications for licensure by examination and make recommendations to the board. (b) To be eligible for licensure by examination, the person shall:(1) Meet the qualifications as contained in section 464-8(d)(2) to (5…

(a) All plans, specifications, maps, reports, surveys, descriptions, and every sheet in a set of design drawings prepared by or under the supervision of a licensed professional engineer, architect, land surveyor, or landscape architect shall be stamped with the authorized seal or…

(a) A person applying for licensure by examination shall be required to pass the following examinations: (1) CLARB landscape architectural licensing examination; and (2) Board-produced landscape architectural licensing examination on the State's climatic conditions, native plants…

The passing score shall be: (1) A grade of not less than seventy-five for each section of the CLARB landscape architectural licensing examination, or a grade of pass for similar state-produced licensing examination; and (2) A grade of not less than seventy-five for the board-prod…

(a) To be eligible for the CLARB or board-produced landscape architectural licensing examinations, the person shall: (1) Hold a master's degree in landscape architecture from an institution of higher education approved by the board, be a graduate of a school or college approved b…

(a) A person may retake the failed portions of the CLARB landscape architectural examination or the board-produced landscape architectural examination. (b) A person applying to retake the failed portions of the CLARB landscape architectural licensing examination or board-produced…

(a) The following may be acceptable lawful experience subject to the evaluation and approval of the board: (1) Field and office training or experience in landscape architecture under the supervision of licensed professional landscape architects; or (2) Teaching in an accredited i…

This chapter is intended to clarify and implement sections 468K-3, 468K-4, 468K-5, 468K-6, 468K-8, 468K-9, 468K-10, 468K-11, and chapter 468L, Hawaii Revised Statutes, to the end that the provisions thereunder may be best effectuated and the public interest most effectively serve…

(a) Application for registration shall be made under oath on a form provided by the director. The form may require the agency to provide:(1) The travel agency's name and any trade names being used; (2) Evidence of registration of the corporation, partnership, organization, associ…

A registration shall be issued only to agencies meeting the requirements of chapter 468L and of this chapter and shall not be transferable. Unless provided otherwise, in the event of any change of information or documentation each agency or applicant shall notify the director, in…

(a) An application for issuance of a registration shall be denied when an application is insufficient or incomplete. In addition, the director may deny issuance of a registration: (1) When a license of the applicant or any officer, director, partner, or other personnel of the app…

As used in sections 468K-3, 468K-4, 468K-5, 468K-6, 468K-8, 468K-9, 468K-10, 468K-11, chapter 468L, HRS, and this chapter: "Branch office" means any place or location, other than the principal place of business, from which a travel agency conducts a travel agency business. "Trave…

(a) All registrations shall expire on December 31 of each odd-numbered year. (b) Before November 15 of the odd-numbered year, the director or the director's authorized delegate shall mail to every current registrant, a renewal application to the address of the registrant on recor…

(a) All registrants shall complete and submit a renewal application, together with the required fees and a notarized statement which shall be in compliance with subchapter 6, on or before December 31, 1993, and every subsequent odd-numbered year. (b) A completed renewal applicati…

The failure to timely renew the registration, pay the required fees, submit the required documentation, or pay fees with a check which is honored upon first deposit shall cause the registration to be automatically forfeited. Notes Haw. Code R. § 16-116-26 [Eff 2/3/92; comp 1/16/9…

(a) A registration which has been forfeited may be restored within six months of the forfeiture provided the applicant pays the appropriate fees, including restoration fees, and submits the notarized statement in compliance with subchapter 6. (b) An applicant who fails to restore…

(a) The director may refuse to renew or restore the registration for failure or refusal of the applicant or registrant:(1) To properly complete or timely submit the application, all fees, and required documentation; (2) To provide evidence that the travel agency's practices are i…

(a) Each travel agency shall provide evidence of the establishment of the client trust account or accounts, which may be either a checking or savings account, by letter or a verified document from a federally insured financial institution located in Hawaii which states when the a…

(a) Each agency shall provide, by way of notarized verification by the principal owner or a responsible person of the travel agency, the following information on a form provided by the director: (1) The date the account was established, account number, name and address of the fed…

(a) Every travel agency shall provide to a consumer a written disclosure of the consumer's rights under section 468L-7, HRS, no later than at the time the travel agency issues tickets, vouchers, or documents for travel services to the consumer. (b) In the case of repeat customers…

In addition to any other acts or conditions provided by law, the director may deny, revoke, suspend, refuse to renew or restore, or condition in any manner, any registration for any one or more of the following acts or conditions: (1) Failure to meet or maintain the conditions an…

(a) The fees for applications, registration, renewal, restoration, and compliance resolution shall be as follows:(1) Application fee ............................... $20 (2) Registration fee ............................... $40 (3) Biennial renewal fee ........................... $…

The fees, if in the form of money order or check, shall be made payable to the department of commerce and consumer affairs. Notes Haw. Code R. § 16-116-45 [Eff 2/3/92; comp 1/16/93] (Auth: HRS § 468L-3) (Imp: HRS § 468L-3)

The dishonoring of any check upon first presentment shall be considered a failure to meet the requirements herein. Notes Haw. Code R. § 16-116-46 [Eff 2/3/92; comp 1/16/93] (Auth: HRS § 468L-3) (Imp: HRS § 468L-3)

Claims for payment from the travel agency recovery fund shall be limited to claims arising from travel services purchased prior to October 1, 1991, provided that no claim may be paid based upon a lawsuit commenced on or after October 1, 1993; and provided further that a claim sha…

A consumer who may have a claim against a travel agency may elect to sue to recover damages which may result in recovery of three times the actual damages or $1,000 whichever is greater. The consumer, if successful in obtaining a judgment, who elects to recover from the recovery …

The rules of practice and procedure for travel agencies 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 part of this chapter. Notes Haw. Code R…

The director may delegate any of the director's powers and duties as the director deems reasonable and proper, provided that the director shall not delegate the director's power and duty to: (1) Adopt, amend, or repeal rules; (2) Suspend or revoke any registration for any violati…

This chapter is intended to clarify and implement Act 231, Session Laws of Hawaii 1992 to the end that the provisions thereunder may be best effectuated and the public interest most effectively served. Notes Haw. Code R. § 16-117-1 [Eff 1/16/93] (Auth: § -17, Act 231, SLH 1992) (…

(a) Each activity desk and each branch office or location of an activity desk shall register prior to engaging in the business of an activity desk. (b) Registration shall not be transferable. (c) Any activity desk and any branch office of any activity desk shall be fined a sum of…

(a) Application for registration shall be made under oath on a form provided by the director. The form may require the activity desk to provide: (1) The activity desk's name and any trade names being used; (2) Evidence of registration of the corporation, partnership, organization…

(a) A registration shall be issued only to activity desks meeting the requirements of Act 231, SLH 1992, and this chapter. (b) Unless provided otherwise, in the event of any change of information or documentation, each activity desk shall notify the director, in writing, within t…

(a) An application for issuance of a registration shall be denied if an application is insufficient or incomplete. In addition, the director may deny issuance of a registration if any of the following exist: (1) A license or registration, as the case may be, of the applicant or a…

As used in this chapter, unless the context otherwise indicates: "Average monthly net sales revenue report" means a report which contains information on the monthly gross sales revenue of the activity desk, the commission paid to activity desks, the net sales revenue, and the ave…

(a) Each activity desk shall provide: (1) Evidence that a client trust account with a federally insured financial institution located in Hawaii has been established; or (2) A performance or financial guaranty type bond, or an irrevocable letter of credit issued by a surety or fed…

(a) Within three business days of receipt, an activity desk shall deposit all sums received from a consumer in a trust account maintained in a federally insured financial institution located in Hawaii. (b) If the excursions or activities are paid for by means of a charge, credit …

(a) The bond shall be a performance or financial guaranty type bond naming the director as the obligee issued by a surety authorized to do business in this State, and which provides that: (1) The bond may be cancelled by the activity desk only if the activity desk gives sixty day…

(a) Each activity desk providing a bond or a letter of credit with a coverage amount of less than $100,000 shall submit a notarized annual report at least four months before the anniversary date of the activity desk's coverage. (b) Replacement bonds or letters of credit shall pro…