Hawaii Administrative Code

(a) If a contractor fails to pay the contractors recovery fund fee provided in section 444-27, HRS, within sixty days from the date of the assessment, the contractor's license shall be automatically forfeited without a hearing. (b) A license forfeited under subsection (a) may be …

(a) The board may authorize the use of the funds deposited in the contractors education fund for the consuming public, licensees, board members, and staff. (b) The education funds may be used for publications, media exposure, seminars, participation in national associations, clas…

The rules of practice and procedure of the department, chapter 16-201, are incorporated by reference herein and made a part of this chapter. Notes Haw. Code R. § 16-77-105 [Eff and comp 4/14/88; am and comp 12/9/02; comp 4/15/04] (Auth: HRS §§ 91-2, 91-3, 91-8, 91-9, 444-4) (Imp:…

(a) The board shall accept oral testimony on any item which is on the board'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 board not later than forty-eight hours prior to th…

The board may refer any disputed matter to a hearing pursuant to chapter 91, HRS, including but not limited to allegations concerning the experience or financial integrity of an applicant or a licensee. Notes Haw. Code R. § 16-77-107 [Eff and comp 4/14/88; am and comp 12/9/02; co…

(a) The board shall deny the issuance of a license when an application is insufficient or incomplete or where the applicant has failed to provide satisfactory proof that the applicant: (1) Meets the qualifications under section 444-11, HRS; (2) Is qualified by experience or train…

As used in this subchapter or in chapter 444, HRS: "Asbestos-containing material" means any material that contains more than one per cent asbestos. "Asbestos project" means any activity involving the demolition, renovation, or encapsulation of friable asbestos materials. "Demolit…

(a) Any person or contracting entity who engages in any activity involving the application, enclosure, removal, encapsulation, renovation, repair, demolition, or other disturbances of friable asbestos or asbestos-containing material that may become friable during the activity sha…

(a) Applicants for an asbestos contractor's license shall meet all licensing requirements as required for other specialty contractors with the exception of the experience requirements under section 16-77-18. In lieu of these experience requirements, applicants shall meet the asbe…

(a) Applicants shall submit proof of the successful completion by the applicant or the applicant's RME, as the case may be, of a four-day Environmental Protection Agency (EPA) or board approved asbestos training course taken within two years prior to the filing of the application…

Applicants shall take and successfully pass Part I of the board's examination as described in subchapter 7 and shall submit proof of passing the EPA or board approved training course examination by a score of seventy per cent. Notes Haw. Code R. § 16-77-115 [Eff and comp 4/14/88;…

(a) In addition to meeting all other requirements for renewal pursuant to subchapter 8, asbestos contractors shall submit proof of completion by the individual, RME, and asbestos abatement workers or employees of a sixteen-hour EPA or board approved asbestos refresher training co…

The board may revoke, suspend, or refuse to renew any asbestos specialty contractor's license for any of the causes provided in section 444-17, HRS, or for any of the following causes: (1) Failing to meet any Hawaii and federal OSHA or EPA health, safety or environmental requirem…

(a) Every application for a license shall be accompanied by the appropriate fees provided in chapter 16-53 and a contractors education fund fee of ten dollars. These fees may be paid by money order or check made payable to the "Department of Commerce and Consumer Affairs." (b) Fo…

(a) No further license is required when all members of the joint venture or all partners in the partnership submit evidence to the board that all members or partners hold current contractor's licenses; provided that work to be performed is in a classification held by one of the m…

Whenever an applicant has filed a complete application, the name and address of the applicant, and the names and addresses and official capacity of the applicant's RME(s), officers, members, managers, and partners shall be publicly posted, as part of the board's investigation und…

The board shall act upon the license application within one hundred and twenty days after the board's applications committee has determined that the application is proper. Notes Haw. Code R. § 16-77-15 [Eff and comp 4/14/88; am and comp 12/9/02; comp 4/15/04] (Auth: HRS §§ 444-4,…

(a) Every individual applicant or RME shall have had, within the past ten years immediately preceding the filing of an application, not less than four years of supervisory experience as a foreman, supervising employee, or contractor in the particular classification in which the a…

The board in its discretion may approve certain technical training or business administration training as acceptable experience, but in no case shall the training count as more than one year of experience. Notes Haw. Code R. § 16-77-19 [Eff 8/14/80; am and ren § 16-77-19, 6-22/81…

The board interprets the primary intent of the legislature in creating the contractors license board to be the protection of the public health, safety, and general welfare, in dealing with persons engaged in the construction industry, and affording to the public effective and pra…

The board in its discretion may accept any reasonably equivalent knowledge, training, or experience of the applicant in lieu of a specific experience requirement if upon investigation it makes a detailed finding to that effect. Notes Haw. Code R. § 16-77-20 [Eff 8/14/80; am and r…

(a) The board may issue a conditional license, provided that the applicant or licensee submits in writing an agreement to comply with any condition the board may establish for the license, including but not limited to the provision that the license may be withdrawn at any time wi…

(a) All persons licensed under chapter 444, HRS, shall be classified by the board into one or more classifications or subclassifications, or both, as follows: General engineering contractor "A" General building contractor "B" Specialty contractor "C" (b) The definitions of these …

As used in this chapter or in chapter 444, HRS: "Board" means the contractors license board. "Building permit" means and includes any type of permit issued or required by the county or other local subdivision of the State as a condition precedent to the construction, alteration, …

(a) Licensees who hold the "A" general engineering contractor classification shall automatically hold the following specialty classifications without further examination or paying additional fees: (1) C-3 asphalt paving and surfacing; (2) C-9 cesspool; (3) C-10 scaffolding; (4) C…

(a) A licensee classified as an "A" general engineering contractor or as a "B" general building contractor shall not act, assume to act, or advertise as a specialty contractor except in the specialty classifications which the licensee holds. (b) A general building contractor lice…

"Incidental and supplemental" is defined as work in other trades directly related to and necessary for the completion of the project undertaken by a licensee pursuant to the scope of the licensee's license. Notes Haw. Code R. § 16-77-34 [Eff 8/14/80; am and ren § 16-77-34, 6/22/8…

(a) A licensee may obtain additional classifications by filing an application, paying the appropriate fees, meeting the requirements regarding experience in the classification requested, and passing the appropriate part II examination. (b) A licensee holding a specialty contracto…

All applicants for a contractor's license shall be required to take and successfully pass a written examination designed to test the applicant's general knowledge of the building, safety, health, labor, and lien laws of the State and of the basic administrative principles of the …

(a) No person within the purview of this chapter shall act, or assume to act, or advertise, as a contractor, general engineering contractor, general building contractor, or specialty contractor without a license previously obtained under and in compliance with this chapter and ch…

All applicants for a contractor's license shall be required to take and successfully pass a written examination designed to test the applicant's specialized knowledge in the particular classification in which the applicant desires to be licensed. Notes Haw. Code R. § 16-77-40 [Ef…

An examination shall not be required when the applicant has previously qualified by written examination within a period of four years prior to application, or within four years from the date the applicant was last licensed in good standing or in an inactive status, provided the a…

(a) In exceptional cases with the express approval of the board, an applicant may use an interpreter to read and translate the examination questions to the applicant in the examination room. (b) An interpreter shall be prohibited from answering, in any way, the questions for the …

All applicants whose applications have been approved shall be given an application for examination and shall apply to the testing agency for examination. The board shall send notice to the applicant's last known address on file with the board. Examinations are given monthly. Unle…

A grade of seventy-five per cent shall be a minimum passing grade for each part of any examination. Notes Haw. Code R. § 16-77-44 [Eff 8/14/80; am and ren § 16-77-44, 6/22/81; am and comp 11/7/83; am and comp 4/14/88; comp 12/9/02; comp 4/15/04] (Auth: HRS § 444-4) (Imp: HRS §§ 4…

Applicants failing to obtain a passing grade on the first examination may schedule a second examination and shall pay the appropriate fees. Applicants who fail to pass the examination within six months shall file a new application and application fee. Notes Haw. Code R. § 16-77-4…

(a) Any misconduct by an applicant during an examination shall be prohibited and subject to action by the board. Acts of misconduct during an examination include, but are not limited to, any of the following: (1) Failure to follow examination instructions or procedures; (2) Unaut…

Before August 15 of each even-numbered year the board shall mail to every licensee, except those whose license has been revoked, forfeited, terminated, withdrawn, or under suspension, a notice of renewal application to the last known address of the licensee on file with the board…

All licensees shall complete and submit a renewal application as provided by the board together with all documents required under section 16-77-55 and pay the required fees, including the recovery and education fund fees, on or before September 30 of each even-numbered year. Fail…

Forfeited licenses may be restored by filing a renewal application along with all required documents, and paying the renewal fees, including the recovery and education fund fees, plus a penalty fee on or before November 30 of the renewal year. Licensees who fail to restore their …

The board may refuse to renew or restore a license for failure or refusal of the licensee: (1) To properly complete the renewal application form and submit all documents required under section 16-77-55 and all fees required under section 16-77-54; (2) To comply with the rules of …

The proper filing of a renewal application by September 30 of the even-numbered year authorizes operation as a contractor by the licensee until the actual issuance of the renewal license for the ensuing license period. The date upon which a renewal application is filed shall be d…

(a) Prior to September 30 of each even-numbered year, all licensees shall submit the appropriate renewal fees provided in chapter 16-53 and the following: (1) A contractors education fund fee of five dollars; and (2) A contractors recovery fund fee of ten dollars. (b) These fees …

(a) No license shall be renewed until the licensee continues to meet the requirements of sections 444-11, 444-11.1, and 444-17, HRS, and of this chapter including, but not limited to, proof of financial integrity. (b) To establish financial integrity, the licensee shall submit: (…

(a) An inactive licensee may reactivate the license by submitting an application, application fee, current financial statement, tax clearance, and credit report to the board. An inactive licensee may reactivate the license as an RME by submitting an application, application fee, …

Notes Haw. Code R. § 16-77-59 R 4/14/88

(a) Each applicant for a contractor's license shall fully complete the application form and submit all supporting documents before the application will be accepted. The application is designed to obtain from the applicant the following: (1) A complete statement of the general nat…