Hawaii Administrative Code

(a) Any person who engages in the business as or serves in the capacity of, or acts as a motor vehicle dealer, motor vehicle salesperson, motor vehicle auction, motor vehicle auctioneer, manufacturer, factory branch, factory representative, distributor, distributor branch, or dis…

This chapter is intended to clarify and implement chapter 437B, 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. § 16-87-1 [Eff 7/29/76; am and ren § 16-87-1, 6/25/81; am…

(a) A person shall not be registered as a motor vehicle repair dealer unless the person is a duly registered or certified mechanic, or unless the person has in the dealer's employ, on a full-time basis, a duly registered or certified mechanic. (b) A person who employs a mechanic …

(a) A person shall not be a certified motor vehicle repair dealer unless at least fifty per cent of all the mechanics employed by the dealer on a full-time basis are certified mechanics. (b) Certification of a motor vehicle repair dealer shall be limited to the specialties or are…

The registration certificate or the certification certificate of the dealer shall be displayed in a conspicuous place in the dealer's place of business and on each of the dealer's mobile repair facilities and shall clearly show the areas for which the dealer is registered or cert…

If an application for registration or certification, or temporary permit is denied, the board shall notify the applicant by letter of the board's action which shall include a concise statement of the reasons therefor and a statement informing the applicant of the right to a heari…

Any person whose application for registration or certification, or temporary permit has been denied by the board shall be entitled to a hearing after notice, provided that a demand for hearing is filed with the board not later than sixty days of the date of the mailing of the let…

If a demand for hearing is filed within the time prescribed, the board shall order a hearing upon notice, which shall be conducted in accord with the provisions of chapter 16-201 relating to contested cases and unless the context otherwise requires, subchapter 6. Notes Haw. Code …

The following records shall be maintained by the dealer: (1) Warranty work invoices; all warranty offered for repair work shall be so indicated on the repair order and shall indicate the terms of the warranty; (2) All invoices, relating to automative repair including invoices rec…

Every motor vehicle repair dealer and mechanic shall become familiar with chapter 437B, HRS, and this chapter. This chapter and chapter 437B, HRS, shall apply to all motor vehicle repair dealers and mechanics, as defined by chapter 437B, HRS, in the State of Hawaii, and all motor…

A board approved sign shall be placed in all motor vehicle repair dealer locations in a place and manner conspicuous to the public. The sign shall not be less than 6" x 8" and shall be white with blue wording. The sign shall give notice that inquiries concerning a service may be …

The board shall prescribe the form and content of all forms required by chapter 437B, HRS, and by this chapter. Customer Consent to Increase Cost of Repair Above the Estimate Price and Customer's Waiver of Right to a Repair Estimate forms shall not be incorporated with other form…

A reasonable fee may be charged for making the estimate. The motor vehicle repair dealer shall notify the customer of the fee prior to making the estimate. Notes Haw. Code R. § 16-87-23 [Eff 7/29/76; am and ren § 16-87-23, 6/25/81; am and comp 5/7/88; comp 1/28/89] (Auth: HRS § 4…

Upon request of the customer, the motor vehicle repair dealer shall return replaced parts to the customer at the time of the completion of the work. The motor vehicle repair dealer may but shall not be required to return the following parts: (1) Transmission; (2) Differential; an…

(a) After July 1, 1976, no person shall be registered as a motor vehicle mechanic unless the person has been certified by successfully passing a certification test. (b) Except as provided in section 437B-24(b), HRS, registration of a motor vehicle mechanic shall be limited to the…

(a) There are established the following specialties or areas of certification: (1) Automotive (eight specialties): (A) Engine; (B) Tune-up; (C) Automatic transmission; (D) Brakes; (E) Electrical systems; (F) Suspension and steering; (G) Heating and air-conditioning; and (H) Manua…

Any person not a registered or certified mechanic who, for compensation, engages in the diagnosis or repair of motor vehicles shall be deemed to be a motor vehicle mechanic helper. The helper shall work under the supervision of a registered or certified mechanic and the repair de…

The acts or omissions and enforcement relating to the repair of motor vehicles shall be in conformance with chapter 437B, HRS. Notes Haw. Code R. § 16-87-28 [Eff 7/29/76; am and ren § 16-87-28, 6/25/81; am and comp 5/7/88; comp 1/28/89] (Auth: HRS § 437B-4) (Imp: HRS § 437B-11)…

As used in this chapter: "Board" means the motor vehicle repair industry board. "Certified repair dealer" means a repair dealer, as defined in this chapter, who is certified with the board and has at least fifty per cent of all the full-time mechanics employed who are certified m…

The following advertising practices are unlawful: (1) To advertise as a motor vehicle repair dealer unless the repair dealership holds a valid registration issued under chapter 437B, HRS; (2) To advertise without including in the advertisement the motor vehicle repair dealer's re…

The rules of practice and procedure for motor vehicle repair dealers and mechanics 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. N…

(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 no later than forty-eight hours prior to the…

This chapter does not apply to: (1) Employees of the county, state, and federal governments when carrying out the functions of governmental employment; or (2) Employees of any commercial or business enterprise who engages in the repair of motor vehicles which are owned, maintaine…

(a) The passing score, which shall be verified directly to the board by the professional testing agency, for each examination or each part of the examinations specified in section 16-88-12.1 shall be a converted score of at least seventy-five or a result of "P" or "pass"; provide…

An application for examination and reexamination shall be filed directly with the professional testing agency contracted with the board. Notes Haw. Code R. § 16-88-10 [Eff and comp 4/28/88; am and comp 7/10/91; comp 10/13/94; am and comp 1/21/10; am and comp 2/14/11; comp 4/13/12…

Notes Haw. Code R. § 16-88-12 [R 4/28/88]

Notes Haw. Code R. § 16-88-13 [R 4/28/88]

Notes Haw. Code R. § 16-88-14 [R 4/28/88]

If an application for a license, renewal of a license, or restoration of a license is denied by the board, the applicant or licensee, as the case may be, shall be notified by letter of the board's action which shall include a concise statement of the reasons for denial and a stat…

Any person whose application for a license, renewal of a license, or restoration of a license has been denied by the board may petition for hearing relief pursuant to chapter 16-201; provided that the petition for hearing relief is filed with the board within sixty calendar days …

If a demand for a hearing is filed pursuant to section 16-88-16, the board shall order a hearing pursuant to chapter 16-201. Notes Haw. Code R. § 16-88-17 [Eff 6/11/79; am and ren § 16-88-17, 6/22/81; am and comp 4/28/88; comp 7/10/91; comp 10/13/94; am and comp 1/21/10; am and c…

The rules of practice and procedure provided in chapter 16-201, as amended, shall be followed for administrative hearings, and are hereby incorporated into and made a part of this chapter. Notes Haw. Code R. § 16-88-18 [Eff and comp 4/28/88; comp 7/10/91; am and comp 10/13/94; co…

(a) An applicant who fails any part of Part I of the NPLEX shall be required to retake all failed parts during the same administration of the NPLEX examination and shall attain a converted score of at least seventy-five on all parts of the examination that the applicant had faile…

(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 is requested to notify the board not later than forty-eight hours prio…

Notes Haw. Code R. § 16-88-21 [R 4/28/88]

Notes Haw. Code R. § 16-88-22 [R 4/28/88]

Notes Haw. Code R. § 16-88-23 [R 4/28/88]

Notes Haw. Code R. § 16-88-24 [R 4/28/88]

Notes Haw. Code R. § 16-88-25 [R 4/28/88]

Notes Haw. Code R. § 16-88-26 [R 4/28/88]

Notes Haw. Code R. § 16-88-27 [R 4/28/88]

Every licensee shall file the licensee's mailing address with the board and shall notify the board in writing of any and all changes within thirty calendar days of the change. Notes Haw. Code R. § 16-88-3 [Eff 6/11/79; am and ren § 16-88-3, 6/22/81; am and comp 4/28/88; comp 7/10…

All fees under chapter 455, HRS, and this chapter shall be specified in chapter 16-53, relating to boards and commissions. Notes Haw. Code R. § 16-88-31 [Eff 11/7/64; am and ren § 16-88-31, 6/22/81; am and comp 4/28/88; comp 7/10/91; comp 10/13/94; comp 1/21/10; am and comp 2/14/…

Notes Haw. Code R. § 16-88-35 [R 4/28/88]

Notes Haw. Code R. § 16-88-36 [R 4/28/88]

Notes Haw. Code R. § 16-88-37 [R 4/28/88]

Notes Haw. Code R. § 16-88-38 [R 4/28/88]