Hawaii Administrative Code

(a) All pilots shall participate in a program to train deputy port pilots which shall be established by the director. The director may contract with any person or entity to establish and operate such a training program. There shall be only one training program in existence at any…

All pilots shall adhere to the work rules of the central scheduling system that is established by the director pursuant to section 16-96-62 or adopted pursuant to subchapters 2 and 3 of this chapter. Notes Haw. Code R. § 16-96-64 [Eff and comp 8/20/90] (Auth: HRS § 462A-3) (Imp: …

Notes Haw. Code R. § 16-96-7 R 12/2/89

(a) To promote an orderly hearing procedure in all contested proceedings for changes in any rate or charges, the director or hearings officer may issue a prehearing order that will establish a schedule during which the parties may file with the director in advance of the hearing …

The department may conduct its own investigation into such rate change requests by either using State auditors or private certified public accountants, whose expenses shall be borne by the department. Notes Haw. Code R. § 16-96-9 [Eff 7/30/81; am and comp 12/2/89; comp 8/20/90] (…

Applicants failing to obtain a passing score after two consecutive attempts may not sit for reexamination within ninety days of the last failed administration. Applicants failing to obtain a passing score and to secure a license within one year after filing the application for li…

A licensee shall not solicit business for an attorney-at-law or law firm. Notes Haw. Code R. § 16-97-10 [Eff 3/9/64; am 3/9/72; am and ren § 16-97-10, 7/30/81; am and comp 2/18/86; comp 8/25/88; comp 10/23/00; comp 3/14/11] (Auth: HRS § 463-3) (Imp: HRS § 463-3)

A licensee, or a licensee's employee, shall not knowingly suppress any evidence in the investigation of a criminal or civil matter with intent to cause delay, interference, obstruction, or hindrance to the progress of a law enforcement investigation. Notes Haw. Code R. § 16-97-11…

(a) Each licensee shall be required to maintain a permanent place of business in the state where the firm, principal guard or detective may receive service of process. For purposes of this section "permanent place of business" means a physical address, not a post office box numbe…

A licensee shall not use or permit any employee to use a vehicle in the performance of the licensee's duties that is painted in a manner or bears any emblem, insignia, or design that may be mistaken for, or resembles that of any law enforcement vehicle. Each licensee shall includ…

(a) No licensee shall use or adopt for use any uniform, badge, identification, or emblem unless the uniforms, badges, identifications, or emblems have been approved by the board and the chief of police in the county or counties in which the licensee intends to transact business. …

(a) An agency may employ as many agents, operatives, assistants, guards, and employees as necessary for the conduct of business; provided that the principal guard or principal detective of the agency shall be held responsible for the acts of those employees while the employees ar…

(a) Arrest. In accordance with section 803-3, HRS, private detectives or guards shall have the authority to arrest, without a warrant, anyone in the act of committing a crime. (b) Stop and frisk. A private detective or guard, for good cause, may stop and frisk any person found on…

Private detectives or guards shall not carry firearms, blackjacks, batons, night sticks, chemical sprays, stun devices, or other weapons unless specifically authorized in writing by the appropriate state agency or chief of police in the county or counties in which the private det…

An agency shall not collect a fee without providing private detective or guard services, as applicable; provided that the agency may charge and collect a retainer fee prior to providing detective or guard services, as applicable. Notes Haw. Code R. § 16-97-18 [Eff and comp 2/18/8…

An individual may be a responsible principal for more than one agency, but not more than two, if: (1) There is a common ownership of at least fifty-one percent of the equity of each entity for which the individual acts as the responsible principal; or (2) An entity applying for a…

An application filed with the board shall be prepared in accordance with and contain the information called for in the application form(s) provided by the board and any instructions which may be required by the board with respect to the filing. The form(s) may be modified from ti…

(a) A completed application for examination and license shall be submitted at least thirty days prior to the next regularly scheduled board meeting and shall be accompanied by the required fees. The executive officer of the board may determine the sufficiency of the preliminary q…

An application for reexamination shall be filed at least thirty days before the examination. Notes Haw. Code R. § 16-97-27 [Eff 3/9/64; am 3/9/72; am and ren § 16-97-27, 7/30/81; am and comp 2/18/86; comp 8/25/88; comp 10/23/00; comp 3/14/11] (Auth: HRS § 463-3) (Imp: HRS § 463-3…

(a) An application for private detective or guard agency license shall be accompanied by the required fee which shall not be refunded. (b) Each agency shall maintain a permanent place of business in the State of Hawaii which shall be under the direct management and control of a l…

(a) In the event the board denies an application for the issuance of a license or for the reinstatement of a license, the board shall notify the applicant by letter of the board's action which shall include a concise statement of the reasons for denial or refusal to reinstate and…

A forfeited license may be restored within one year after the date of expiration by filing a renewal application along with any arrest or conviction information and any information on any psychiatric or psychological disorder for which treatment is being received, and paying the …

Any person whose application for a license or reinstatement of a license has been denied by the board, shall be entitled to a hearing pursuant to chapter 16-201, provided that a demand for hearing is filed with the board within sixty days of the date of mailing of the letter info…

If an applicant fails to obtain a license within one year after filing the application, or fails to take the examination within a one-year period after becoming eligible to take the examination, the application shall be considered abandoned and all fees shall be forfeited. An app…

A license is required for any individual or entity who submits bids in order to secure a contract which involves providing guard or private detective services. Notes Haw. Code R. § 16-97-32 [Eff and comp 2/18/86; comp 8/25/88; comp 10/23/00; comp 3/14/11] (Auth: HRS § 463-3) (Imp…

No license issued under chapter 463, HRS, shall be transferred, assigned, or loaned. Notes Haw. Code R. § 16-97-33 [Eff and comp 2/18/86; comp 8/25/88; comp 10/23/00; comp 3/14/11] (Auth: HRS § 463-3) (Imp: HRS § 463-3)

The board may accept any of the following: (1) Certified copy of high school diploma or certificate of graduation; (2) Certified transcript of high school record; (3) A statement from the department of education that the applicant possesses the equivalent of a high school educati…

(a) Applicants for a private detective license shall have had experience reasonably equivalent to at least four years of full-time investigational work. (1) The board shall require training and experience in the following areas: (A) Case investigation and documentation; (B) Laws …

Applicants shall provide a recent photograph of themselves, showing only their head and shoulders, and being approximately two-and-a-half inches square. Notes Haw. Code R. § 16-97-36 [Eff 3/9/64; am and ren § 16-97-36, 7/30/81; am and comp 2/18/86; comp 8/25/88; comp 10/23/00; co…

(a) An applicant for a private detective or guard license shall be subject to a national criminal history record check, and shall submit: (1) Electronic fingerprints directly to the Hawaii criminal justice data center ("HCJDC") for processing to the FBI; or (2) A completed finger…

Applicants for a private detective or guard license shall provide the board with: (1) A signed medical release which authorizes the board to check into the applicant's psychiatric or psychological background; (2) The names of at least two personal physicians, psychologists, or ps…

Each applicant for a private detective or guard license and each general partner, member of a joint venture, manager member of a limited liability partnership or company, or corporate officer listed on the agency application shall submit on a form provided by the board, a notariz…

A certificate evidencing that a license has been issued by the board, together with a copy of the currently valid license, shall be conspicuously displayed in the licensee's place of business. Notes Haw. Code R. § 16-97-4 [Eff 3/9/64; am 3/9/72; am and ren § 16-97-4, 7/30/81; am …

The written examination for private detective or guard shall include questions on the laws, rules, knowledge, experience and skills, which specifically apply to the holder of a private detective or guard license, as the case may be. Notes Haw. Code R. § 16-97-40 [Eff 3/9/64; am a…

A grade of not less than seventy-five per cent shall be a passing score for the examination. Notes Haw. Code R. § 16-97-41 [Eff 3/9/64; am and ren § 16-97-41, 7/30/81; am and comp 2/18/86; comp 8/25/88; comp 10/23/00; comp 3/14/11] (Auth: HRS § 463-3) (Imp: HRS § 463-3)

(a) The board shall accept oral testimony on any item which is on the 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 the meetin…

Notes Haw. Code R. § 16-97-45 R 2/18/86

Failure of any licensee to comply with chapter 463, HRS, or this chapter shall be grounds for suspension, revocation, or refusal to renew the license after a hearing, pursuant to chapter 16-201. In addition, the following shall be grounds for suspension, revocation, or refusal to…

The lapsing or suspension of a license by operation of law, or by order or decision by the board or a court of law, or the voluntary surrender of a license by a licensee shall not deprive the board of jurisdiction to proceed with any investigation of or action or disciplinary pro…

(a) An inactive licensee who has been on an inactive status for six months or less within the current biennium may reactivate the license as a principal, sole proprietor, detective agency, or guard agency by submitting an application and the appropriate fee. (b) An inactive licen…

The rules of practice and procedures for private detectives and guards 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. Notes Haw. Co…

Each applicant shall provide a bond by a surety or sureties licensed by the state insurance commissioner which shall include a provision that the bonding agent shall notify the board in writing at least thirty days prior to any termination of the bond. Termination of the bond sha…

(a) No license shall be issued to an agency unless the business thereof and the agency's employees are under the direct management and control of a principal guard or principal detective who has been issued a license. (b) An agency may have in its employ more than one principal; …

(a) A licensee shall not accept employment adverse to a client relating to a matter with respect to which the licensee has obtained confidential information by reason of or in the course of the licensee's employment by the client. (b) An employee or a reserve officer of any law e…

A licensee shall not solicit or transact business using a name other than the name appearing on the licensee's license. Any trade name used by a licensee shall have been previously registered with the department's business registration division and shall be filed with and approve…

This chapter is intended to clarify and implement chapter 465, 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. § 16-98-1 [Eff 10/5/70; am and ren § 16-98-1, 6/25/81; am …

Application shall be made on the form provided by the board and shall be prepared in accord with instructions thereon. The following forms are currently in use by the board: (1) Application for license as psychologist; (2) Application for reexamination; (3) Application restoratio…