Hawaii Administrative Code

(a) For purposes of this subchapter, "advertising" means an announcement by an accredited real estate school for the purpose of promoting the school or soliciting students and shall include, but not be limited to, all printed, audio, and visual communications, such as newspaper a…

(a) Each school shall distribute to prospective students and other interested persons, a brochure or catalogue. Each brochure or catalogue shall include, at minimum, the following: (1) Name, address, and telephone number of the school; (2) Date of issue; (3) School's owner or own…

(a) No school shall provide any information to the public or to prospective students which is false, misleading, or deceptive. Information is "misleading" when there may be a possibility that it will deceive the class of persons whom it is intended to influence. (b) No school sha…

The commission may revoke or suspend the registration of any real estate school, the approval of any real estate course, or the certification of any instructor for any of the following causes: (1) The school, instructor, or course falls below the minimum requirements established …

The biennial renewal fee and completed renewal application shall be submitted on or before the commission prescribed deadline. Unless renewed, all real estate licenses expire at the end of every even-numbered year. When the renewal deadline falls on a non-working day, renewal fee…

(a) When the commission denies an application for registration or renewal of a school, or deems it proper to revoke or suspend the registration of any school, the approval of any course, or the certification of any instructor, the commission shall notify in writing the person or …

Notes Haw. Code R. § 16-99-71 R 5/21/01 Repealed 12/19/2016

The rules of practice and procedure for real estate 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. Code R. § 16-99-75 […

Upon the occurrence of all of the following, the commission may settle any subsequent claim against the real estate recovery fund involving a licensee that was previously named in an order and on whose behalf the commission had been required to make payments out from the recovery…

Notes Haw. Code R. § 16-99-8 R 5/21/01 Repealed 12/19/2016

(a) The commission shall accept oral testimony on any item which is on the commission'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 commission no later than forty-eight hou…

As used in this subchapter: "Beyond professional entry" means the course objectives involve learning outcomes which help the licensee develop more than minimal entry level competency in the subject matter of the course including consumer protection in real estate transactions. "C…

Notes Haw. Code R. § 16-99-88 R 5/21/01 Repealed 12/19/2016

(a) In reviewing a request for an equivalency of the required continuing education hours as specified in sections 467-4.5 and 467-11.5, HRS, the commission may be guided but may not be limited by all of the following: (1) The request is for a course completed, within the current …

The commission, as a form of disciplinary action against a licensee, may suspend the right of the licensee to use the license for a period not to exceed five years. Prior to conducting any real estate activity, a licensee with a suspended license shall reinstate the license pursu…

In renewing an individual license on an active status, the licensee shall provide the commission evidence of completing the continuing education hours as required in section 467-11.5 HRS, including a mandatory core course if specified by the commission, which have been completed …

Prior to making a written request to activate an inactive status individual license, an applicant who has been inactive for one or more renewal periods, shall first satisfy the prescribed continuing education hours of one prior renewal period. The commission shall credit the appl…

Prior to applying to the commission for restoration or reinstatement of a license to active status, an applicant shall satisfy the prescribed continuing education hours or the equivalent as determined by the commission for one prior renewal period. The commission shall credit the…

Except as permitted by sections 16-99-91 and 16-99-92, continuing education clock hours obtained in excess of the continuing education hours required by section 467-11.5, HRS, cannot be carried forward to satisfy the continuing education requirements for any subsequent license re…

The form of a continuing education certificate of completion of course shall be as prescribed by the commission. The number of continuing education hours appearing on each certificate shall be the number of hours previously approved by the commission. A continuing education provi…

Except as provided by the commission or by this subchapter, a licensee shall not take a continuing education course for which the licensee has already received a certificate within two consecutive biennia. Notes Haw. Code R. § 16-99-95 [Eff and comp 2/25/91; am and comp 5/21/01] …

In satisfying the continuing education hours of a license period, an instructor who is a real estate licensee, may use once in any two consecutive biennium, the clock hours for each course taught except the core course which may be recognized for clock hours each biennium. The on…

Upon application, on a form provided by the commission, and for good cause shown as determined by the commission, the commission may extend the time for completing the continuing education hours. Notes Haw. Code R. § 16-99-97 [Eff and comp 2/25/91; comp 5/21/01] (Auth: HRS §§ 467…

An individual or organization may solicit students for, advertise for, or take reservations for a continuing education course offering, when the proposed continuing education course is: (1) Certified by the commission; (2) Identified by a specified commission assigned course numb…

(a) A continuing education provider shall be responsible for the administration of the course offering. An application for registration as a continuing education provider shall be made to the commission on a form prescribed by the commission. The application shall be submitted wi…

(a) A person who intentionally interferes with, hinders, obstructs, prevents, or impedes any investigator, auditor, collector, or other employee of the department from obtaining license information, books, records, articles, or items of business transacted, or other information o…

As used in sections 18-231-91-01 through 18-231-100-01: "Agency appeal" means an appeal of a cease and desist citation to the director or the director's designee pursuant to section 231-91(e), HRS. "Department' means the department of taxation. "Director" means the director of ta…

(a) A cease and desist citation must be issued on the forms prescribed by the department. (b) A cease and desist citation shall include the following in its contents: (1) The name and address of the respondent; (2) The location of where the offense is about to occur, is occurring…

(a) A cease and desist citation is both a notice of violation and an offer to settle an administrative case involving any violation of title 14, HRS, or any of the administrative rules adopted thereunder and may include a monetary fine where permitted under the applicable statute…

(a) A respondent must respond to a cease and desist citation within thirty days from the date of its issuance:(1) By paying to the special enforcement section the stated amount of the monetary fine, which shall constitute acknowledgement of the violation and a waiver of further r…

Venue of the hearing of an agency appeal is proper in the taxation district in which the alleged violation is said to have occurred, is occurring, or is about to occur, or such other location as the parties to the hearing may mutually agree. Any party may participate in the heari…

The director or the director's representative shall maintain a docket of all agency appeals and each agency appeal shall be assigned a number. Notes Haw. Code R. § 18-231-91-07 [Eff 11/30/14] (Auth: HRS §§ 91-2, 231-3(9)) (Imp: HRS §§ 91-9, 231-91)

(a) Upon receipt of an agency appeal request, the special enforcement section shall notify the director of the appeal and the director or the director's designee shall schedule a hearing. (b) A written request for an agency appeal shall contain a concise statement of the basic fa…

(a) The director shall conduct the hearings on an appeal, shall render the decision, and shall issue such orders and take such actions as may be required; provided that the director may designate a representative, who shall be the presiding officer, to conduct the hearings, and m…

(a) A request for reconsideration of assessment means the process by which a taxpayer requests the department to grant a reconsideration of assessment under section 18-231-3-1.2. (b) A request for reconsideration of assessment is a purely administrative matter. A taxpayer's appea…

(a) A presiding officer shall be disqualified from deciding an agency appeal if the presiding officer: (1) Has a substantial financial interest, as defined by section 84-3, HRS, in a business or other undertaking that will be directly affected by the decision of the agency appeal…

(a) No person shall communicate with the director or presiding officer regarding matters to be decided by the director or presiding officer in any agency appeal with the intent, or the appearance of the intent, to influence the decision of the director or presiding officer, unles…

In computing any time period under these rules, the day of the act, event, or default from which the period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, state holiday, or state government f…

(a) All pleadings, submittals, petitions, applications, charges, reports, maps, exceptions, briefs, memorandums, and other papers required to be filed in any agency appeal shall be filed with the director or as instructed by the director or presiding officer Such papers may be se…

(a) Unless otherwise provided by statute, rule, or order of the presiding officer, all information contained in any document filed in an agency appeal shall be available for inspection by the public after final decision. (b) Confidential treatment may be requested where authorize…

(a) An individual may appear in the individual's own behalf; a general partner may represent a partnership; and a bona fide officer or employee of an entity may represent the entity in any hearing. (b) A person may be represented by an attorney or attorneys-at-law qualified to pr…

Upon motion and for good cause shown, the presiding officer may order substitution of parties, except that in the case of a death of a party, substitution may be ordered without the filing of a motion. Notes Haw. Code R. § 18-231-91-16 [Eff 11/30/14] (Auth: HRS §§ 91-2, 231-3(9))…

(a) The presiding officer, upon his or her own initiative or upon motion, may consolidate for hearing or for other purposes or may contemporaneously consider two or more proceedings that involve substantially the same parties, or issues that are the same or closely related, if th…

Applications to intervene in a proceeding shall comply with section 18-231-91-13 and shall be served on all parties. Applications for intervention will be granted or denied at the discretion of the presiding officer. As a general policy, such applications shall be denied unless t…

(a) The presiding officer may hold or cause to be held prehearing conferences with the parties for the purpose of formulating or simplifying the issues, arranging for the exchange of proposed exhibits or proposed written testimony, setting of schedules, exchanging of names of wit…

Notes Haw. Code R. §§ 18-231-3-2 to 18-231-3-9

(a) All motions other than those made during a hearing shall be made in writing to the presiding officer, shall state the relief sought, and shall be accompanied by an affidavit or memorandum setting forth the grounds upon which they are based. The presiding officer shall set the…