Hawaii Administrative Code

A contracting entity shall have a contractor's license prior to engaging in contracting. A contractor's license shall only be issued to a contracting entity if (1) The contracting business is under the direct management of an individual who holds an appropriate and current licens…

Notes Haw. Code R. § 16-77-7 R 4/14/88

(a) "Direct management of the contracting business" as used in chapter 444, HRS, and this chapter means the general supervision of the construction projects undertaken by the contracting entity, the control of technical and administrative decisions, personnel management, the revi…

(a) Contracting entities may have in their employ more than one RME, but shall designate in every case a principal RME who shall be primarily responsible for the direct management of the business of the contracting entity and who shall be: (1) In a position to secure full complia…

An individual may be an RME for more than one contracting entity if (1) There is a common ownership of at least fifty-one per cent of the equity of each contracting entity for which the individual acts as the RME; (2) A contracting entity is a subsidiary of or joint venture with …

Any license issued under chapter 444, HRS, or this chapter shall be nontransferable. Notes Haw. Code R. § 16-77-73 [Eff 8/14/80; am and ren § 16-77-73, 6/22/81; am and comp 11/7/83; comp 4/14/88; am and comp 12/9/02; comp 4/15/04] (Auth: HRS § 444-4) (Imp: §§ 444-4, 444-9)…

Notes Haw. Code R. § 16-77-74 R 4/15/04

(a) The license of an RME may be suspended, revoked, terminated, withdrawn, forfeited, or refused to be renewed if the license of the contracting entity for which the person is the RME is revoked, terminated, withdrawn, forfeited, suspended, or refused renewal pursuant to chapter…

(a) All licensees shall be required to maintain any surety bond imposed by the board for at least one year before requesting a waiver of the surety bond. (b) The board may, in its discretion, waive the surety bond if a licensee demonstrates that it has financial integrity. The bo…

(a) Contractors engaging in home construction or home improvements shall, prior to obtaining a binding contract from the homeowner and prior to appying for a building permit: (1) Disclose all information pertaining to the contract and its performance, the absence of which might m…

(a) Each individual, RME, officer, director, member, manager, or partner of an applicant or of its joint venturers shall furnish the information requested in the forms prescribed by the board. Any trade name used by a contracting entity shall have been previously registered with …

(a) All contractors shall provide homeowners with a written contract involving home construction or improvements which shall provide the following: (1) The name, address, license number, and classification(s) of the contractor; (2) The exact dollar amount due from the homeowner u…

A contracting entity advertising through any media shall be identified as a licensed contractor by listing the name under which the licensee is licensed or the licensee's trade name which has been filed with the board, and the licensee's license number. For the purpose of this se…

No license shall be issued or renewed to any contracting entity, except RMEs, who does not maintain a permanent place of business within the State where the contracting entity may be served notice and legal process, and where the contracting entity's license is prominently displa…

A licensee shall notify the board of any change of address within ten business days of the change. All notices required to be sent by the board under this chapter or chapter 444, HRS, shall be sent to the last known address on file with the board. Notes Haw. Code R. § 16-77-88 [E…

(a) For out-of-state licensees, this section shall apply as to a place of business in the State. (b) Attorney's offices or other similar offices in the State may be listed as the place of business for out-of-state licensees; provided that an individual (or individuals) within the…

Every application for a license shall be signed by the individual applicant or the applicant's authorized representative. Evidence of the authority of the authorized representative shall be filed with the application. Notes Haw. Code R. § 16-77-9 [Eff 8/14/80; am and ren § 16-77-…

Notes Haw. Code R. § 16-77-93 R 4/14/88

Licensees shall perform all work in a workmanlike manner. Workmanship shall conform to trade standards. Notes Haw. Code R. § 16-77-97 [Eff 8/14/80; am and ren § 16-77-97, 6/22/81; comp 11/7/83; comp 4/14/88; comp 12/9/02; comp 4/15/04] (Auth: HRS § 444-4) (Imp: HRS § 444-4)…

This chapter is intended to clarify and implement chapter 439, Hawaii Revised Statutes, to the end that the provisions thereunder may be best effectuated. Notes Haw. Code R. § 16-78-1 [Eff 7/2/81; am and comp 12/21/89; comp 2/22/05] (Auth: HRS § 439-7) (Imp: HRS § 439-7) [Comp 3/…

(a) Applications for examination and license for a beauty operator or an instructor shall be filed at least seven weeks prior to the examination month, which may be regularly given not less than three times a year. (b) A temporary permit may be issued to an applicant that has met…

(a) Applications for license of a beauty shop shall include the necessary documents and information as required in sections 16-78-41 to 16-78-45, in addition to: (1) Verification that the shop complies with the sanitary requirements of the department of health; (2) Name of a curr…

Applications for registration shall be for an apprentice and an instructor trainee. Notes Haw. Code R. § 16-78-12 [Eff 7/4/64; am and ren § 16-78-12, 7/2/81; am and comp 12/21/89; comp 2/22/05] (Auth: HRS § 439-7) (Imp: HRS § 439-10) [Comp 3/17/2022] (Auth: HRS § 438-5) (Imp: HRS…

In the event an application for examination, issuance or restoration of a license, or registration is denied or refused, the board shall notify the applicant by letter of the board's action which shall include a concise statement of the reasons therefor and if the applicant is en…

Any person whose application for admission to the examination, for the issuance, or restoration of a license, or registration has been denied by the board, shall be entitled to a hearing; provided that a demand for a hearing is filed with the board within sixty days of the date o…

The board may deny an applicant admission to the examination, or issuance of license, void applicant's examination score, or revoke a license on the ground of falsification of any information supplied in the application for examination, application for license, application for re…

An application shall be deemed to have been abandoned if all requirements, including filing of forms and payment of fees have not been completed within two years from the date first filed. Notes Haw. Code R. § 16-78-16 [Eff and comp 12/21/89; comp 2/22/05] (Auth: HRS § 439-7) (Im…

(a) The apprentice applicant shall:(1) Submit verification of having an education equivalent to the completion of high school; (2) Provide the name and address of the beauty shop, and the name of the beauty operator supervising the apprentice; (3) Applicants who are transferring …

"Beauty school", unless the context clearly indicates otherwise, means a postsecondary school engaged in teaching cosmetology. "Certificate of registration" means either a license or a registration certificate issued by the board. "Director" means the director of the department. …

(a) Instructor applicants shall provide verification of: (1) Having a current beauty operator license or an instructor license; (2) Having one year experience as a licensed beauty operator; and (3) Satisfactorily completing not less than six hundred hours or four months of beauty…

(a) A temporary permit shall be issued upon request to applicants approved for examination to train and work while waiting for the examination. (b) The temporary permit shall cover a period of three examinations as consecutively scheduled by the board from the date the applicant …

The curriculum for beauty training includes, but is not limited to, the subjects and hours for each certification category and instructor-trainee as follows: (1) Exhibit B entitled "Apprenticeship Curriculum," dated March 9, 1988, located at the end of this chapter, is made a par…

The examination shall be designed to test the applicant's theoretical and practical knowledge in the practice of cosmetology and cosmetology law and rules which the board or its designated testing service determines to be essential to the protection of the general public. Notes H…

A grade of not less than 75.00 points shall be a passing score for any part of the examination. Notes Haw. Code R. § 16-78-27 [Eff 7/4/64; am and ren § 16-78-27, 7/2/81; am and comp 12/21/89; comp 2/22/05] (Auth: HRS § 439-7) (Imp: HRS § 439-14) [Comp 3/17/2022] (Auth: HRS § 438-…

(a) No license shall be issued to any person unless the person takes and passes the examination as prescribed by the board for the license applied for. Failure to obtain a passing score shall result in failure of the examination as a whole. (b) The examination shall be given only…

(a) An applicant who fails to attain a passing score in any part of the examination shall be required to repeat the entire examination. (b) Should an applicant fail to get a passing score by the end of the second year from the date of qualifying for the first examination, the app…

(a) Any licensed person shall file one's mailing address with the board and shall notify the board in writing within thirty days of any and all changes. (b) In addition to the requirements of subsection (a), an apprentice or instructor-trainee shall file with the board the name a…

All examinations shall be conducted in the English language and no applicant shall be permitted the use of an interpreter. Notes Haw. Code R. § 16-78-30 [Eff 7/4/64; am and ren § 16-78-30, 7/2/81; comp 12/21/89; comp 2/22/05] (Auth: HRS § 439-7) (Imp: HRS § 439-7) [Comp 3/17/2022…

Each applicant shall be required to provide their own supplies, and equipment for the examination. Notes Haw. Code R. § 16-78-31 [Eff 7/4/64; am and ren § 16-78-31, 7/2/81; am and comp 12/21/89; comp 2/22/05] (Auth: HRS § 439-7) (Imp: HRS § 439-7) [Comp 3/17/2022] (Auth: HRS § 43…

Notes Haw. Code R. § 16-78-32 R 12/21/89

The rules governing the practice of cosmetology shall not apply to the following persons when acting within the scope of their profession or occupation: (1) Persons authorized by law of this State to practice medicine and surgery; (2) Persons authorized by law of this State to pr…

The practice of cosmetology shall be carried on only by persons duly licensed to practice in this State and only in a licensed beauty shop, except as provided in this subsection. A duly licensed beauty operator may practice cosmetology: (1) Upon patients or residents in a hospita…

A fee shall be assessed for duplicate certificates and licenses. Notes Haw. Code R. § 16-78-4 [Eff 7/4/64; am and ren § 16-78-4, 7/2/81; am and comp 12/21/89; comp 2/22/05] (Auth: HRS § 439-7) (Imp: HRS § 439-7) [Comp 3/17/2022] (Auth: HRS § 438-5)

The board may accept a signed statement from the department of health that the shop for which the certificate is sought is or will be in full compliance with all State public health and safety requirements. Notes Haw. Code R. § 16-78-41 [Eff 7/4/64; am and ren § 16-78-41, 7/2/81;…

A fee shall be charged for relocation under the same name and ownership. License certificates are nontransferable. Notes Haw. Code R. § 16-78-42 [Eff 7/4/64; am 12/27/66; am and ren § 16-78-42, 7/2/81; am and comp 12/21/89; comp 2/22/05] (Auth: HRS § 439-7) (Imp: HRS § 439-7) [Co…

(a) No beauty shop shall perform any work upon the public unless there is displayed in a conspicuous place, both reception room and work room, one or more signs which shall read as follows: "PRICE LIST AVAILABLE UPON REQUEST" This sign shall be printed in letters of not less than…

Shops employing apprentices shall comply with the board's apprenticeship manual and apprenticeship curriculum. Failure to comply may be cause for disciplinary action. Notes Haw. Code R. § 16-78-44 [Eff 12/17/66; am 4/17/70; am and ren § 16-78-44, 7/2/81; am and comp 12/21/89; com…