Hawaii Administrative Code

Notes Haw. Code R. § 16-99-126 R 5/21/01 Repealed 12/19/2016

(a) In the event an application for provider registration, renewal of registration, course certification, or renewal of certification is denied, the commission shall notify the applicant of the commission's decision, state specifically the reason for denying the application, and …

Any person whose application for registration or certification has been denied, or whose registration or certification has been revoked or suspended by the commission shall be entitled to a hearing pursuant to chapter 91, HRS, and chapter 16-201; provided that a request for a con…

(a) Registrations made pursuant to section 467-30, HRS, shall expire on December 31 of each even-numbered year. (b) All business entities registered pursuant to section 467-30(b), HRS, with the exception of sole proprietors, shall be currently registered, duly authorized, and in …

(a) The fidelity bond shall be issued by a company currently authorized by the insurance commissioner of Hawaii to issue insurance in this State. (b) Unless otherwise approved by the commission, the fidelity bond shall: (1) Name the department of commerce and consumer affairs as …

(a) Condominium hotel operators, including condominium hotel operators who are precluded from holding a license as a real estate broker or real estate salesperson pursuant to 467-30(g)(2), HRS shall comply with section 16-99-4. For purposes of compliance, when the condominium hot…

(a) The condominium hotel operator shall ensure that the terms and conditions agreed upon between the apartment or unit owner and the condominium hotel operator for operating a condominium hotel are in writing, and that a copy is given to each apartment or unit owner. The terms a…

An application filed with the commission shall be prepared in accordance with and contain the information and documentation called for in the application form and the accompanying instructions provided by the commission. All applications shall be accompanied by a nonrefundable fe…

Notes Haw. Code R. § 16-99-18 R 5/21/01 Repealed 12/19/2016

(a) All applications for a real estate salesperson or broker license shall be accompanied by: (1) The required fee; and (2) Supporting documents to satisfy the applicable education and experience requirements. Applications not accompanied by supporting documents shall be rejected…

(a) Only those persons who do not hold a real estate license, either salesperson or broker, may register as a condominium hotel operator. (b) Where an entity includes the following persons holding a real estate salesperson or broker's license, that entity may not register as a co…

Notes Haw. Code R. § 16-99-20 R 3/3/84 Repealed 12/19/2016

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

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

If a demand for a hearing is filed within the time prescribed, the commission shall order a hearing pursuant to chapters 91 and 92, HRS, and chapter 16-201, Administrative Practice and Procedure. Notes Haw. Code R. § 16-99-23 [Eff 12/26/74; am and ren § 16-99-23, 4/27/81; am and …

Notes Haw. Code R. § 16-99-24 R 5/21/01 Repealed 12/19/2016

The commission 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 experience certificate…

(a) No license shall be issued to any individual unless the individual takes and passes an examination as prescribed by the commission for the license applied for. The minimum passing score for the uniform and the State portions of the examination shall be seventy for salesperson…

(a) To fully protect the general public in its real estate transactions, every licensee shall conduct business, including the licensee's own personal real estate transactions, in accordance with this section. (b) The licensee shall protect the public against fraud, misrepresentat…

Candidates shall demonstrate, by passing with a grade satisfactory to the commission an examination given by it and appropriate to the license sought, that they have a reasonable knowledge of general principles and practices of real estate transactions and the law and rules perta…

The education requirement for the salesperson license examination shall be satisfied by successful completion of a curriculum in real estate at an accredited institution, consisting of a minimum of sixty class hours and conforming to the approved curriculum for salesperson adopte…

(a) The commission may grant an equivalency to the respective education requirements for applicants for the salesperson license examinations for: (1) Those who hold a current license that was active within one year immediately prior to the date of application as a salesperson or …

Notes Haw. Code R. § 16-99-38 R 5/21/01 Repealed 12/19/2016

Notes Haw. Code R. § 16-99-39 R 5/21/01 Repealed 12/19/2016

(a) Every brokerage firm that does not immediately place all funds entrusted to the brokerage firm in a neutral escrow depository, shall maintain a trust fund account in this State with some bank or recognized depository, which is federally insured, and place all entrusted funds …

Notes Haw. Code R. § 16-99-40 R 3/3/84 Repealed 12/19/2016

Notes Haw. Code R. § 16-99-41 R 3/3/84 Repealed 12/19/2016

Notes Haw. Code R. § 16-99-42 R 3/3/84 Repealed 12/19/2016

Notes Haw. Code R. § 16-99-43 R 3/3/84 Repealed 12/19/2016

Notes Haw. Code R. § 16-99-44 R 3/3/84 Repealed 12/19/2016

Notes Haw. Code R. § 16-99-45 R 3/3/84 Repealed 12/19/2016

The commission may authorize the use of funds deposited in the real estate education fund for the benefit of and improvement of services to the consuming public, licensees, commissioners, and staff. The education fund may be used for classes, media exposure, participation in nati…

The commission may require the person requesting reinstatement of a suspended license or applying for a new license following license revocation to submit other information and documents that may be helpful to the commission in evaluating the person's request. Notes Haw. Code R. …

(a) A registered school shall not offer courses which may be used to fulfill the educational requirements for a real estate license unless it first registers with the commission and complies with the requirements of this subchapter. (b) "School" as used in this subchapter include…

(a) A registered school shall be a school which applies for a certificate of registration from the commission and which is found by the commission to have met the requirements imposed by chapter 467, HRS, and this chapter. (b) A registered school shall have on file at the school'…

Notes Haw. Code R. § 16-99-52 R 5/21/01 Repealed 12/19/2016

(a) A registration shall be granted to the owner for a specific school registered under a particular name to teach specific real estate courses. (b) Application for the initial registration of a school shall be made to the commission not less than ninety days before the opening d…

(a) Any change in the ownership status of a school shall be approved by the commission. (b) A change in partners shall be deemed a change in ownership. Any change in ownership of fifty per cent or more of a corporation's outstanding capital stock or any change in ownership of any…

Each school granted a certificate of registration and each instructor granted an instructor's certificate shall prominently display it in its business office at all times. Notes Haw. Code R. § 16-99-55 [Eff and comp 3/3/84; comp 11/3/90; comp 2/25/91; comp 5/21/01] (Auth: HRS §§ …

(a) Every school shall have and maintain classrooms which have adequate space, seating, equipment, and instructional material. Each classroom shall be approved by the commission and shall have current certificates of clearance from the county building department, the county fire …

(a) The initial curriculum and any additional courses offered by a school shall be approved by the commission. (b) Broker and salesperson classes shall not be held together unless approved by the commission. Notes Haw. Code R. § 16-99-57 [Eff and comp 3/3/84; am and comp 11/3/90;…

(a) Each school shall designate an individual as principal. (b) The principal shall be responsible for:(1) Complying with the commission's rules relating to real estate schools; (2) Providing reports and information as may be required by the commission; (3) Informing the commissi…

(a) Tuition rates and all other charges shall be published in the school catalogue. No school shall deviate from its published tuition rates and charges. (b) Tuition and other charges collected from enrollees shall be refunded in full by the school if the course for which the tui…

(a) A licensee who has no pending complaints, investigations, disciplinary petitions filed against the licensee, or disciplinary hearings before the commission may surrender the person's real estate license, and shall: (1) Return the licensee's pocket identification card and wall…

Notes Haw. Code R. § 16-99-60 R 5/21/01 Repealed 12/19/2016

A certificate of completion shall be issued by the school in a form and size approved by the commission, and shall be awarded only to a student who attends eighty per cent of the scheduled classes and who completes with a passing grade the final examination of a course of study c…

(a) Each school shall maintain records on the following:(1) Class attendance of each student; (2) Tuition and other charges collected from each student; (3) The names of the students to whom it issued a certificate of completion, the course for which the certificate of completion…