Title 25, Professions And Occupations

§444-16.5 Bond. The contractors license board may require each licensee, applicant, individual or corporate, who is a specialty contractor to put up bond in the sum of not less than $5,000 executed by the licensee or applicant as principal and by a surety company authorized to do…

§444-17 Revocation, suspension, and renewal of licenses. In addition to any other actions authorized by law, the board may revoke any license issued pursuant to this section, or suspend the right of a licensee to use a license, or refuse to renew a license for any cause authorize…

§444-2 Exemptions. This chapter shall not apply to:

§444-2.5 Owner-builder exemption. (a) This chapter shall not apply to owners or lessees of property who build or improve residential or farm buildings or structures on property for their own use, or for use by their grandparents, parents, siblings, or children, and who do not off…

§444-21 Death or dissociation. No copartnership, joint venture, or corporation shall be deemed to have violated any provision of this chapter by acting or assuming to act as a contractor after the death or dissociation of a licensee who had the direct management of the contractin…

§444-22 Civil action. The failure of any person to comply with any provision of this chapter shall prevent such person from recovering for work done, or materials or supplies furnished, or both on a contract or on the basis of the reasonable value thereof, in a civil action, if s…

§444-23 Violation; penalties. (a) Any licensee who contracts outside the appropriate scope of classification for which the licensee is licensed shall be fined $500 for the first offense, $1,000 for the second offense, and not less than $1,500 or more than $2,000 for any subsequen…

§444-23.5 Forfeiture of property for unlicensed activity. (a) If an investigator finds that a person has acted in the capacity of, or engaged in the business of a contractor within this State without having a current license as required by this chapter to so act or engage, and th…

§444-24 Injunction. The contractors license board may, in addition to any other remedies available, apply to a circuit judge for a preliminary or permanent injunction restraining any person from acting, or assuming to act, or advertising, as general engineering contractor, genera…

§444-25 Payment for goods and services. A contractor shall pay the contractor's subcontractor for any goods and services rendered within ten days after receipt of an invoice by the subcontractor that includes any supporting documents as required by the terms of the subcontract an…

§444-25.5 Disclosure; contracts. (a) Prior to entering into a contract with a homeowner, or at the time a homeowner signs a contract, involving home construction or improvements, licensed contractors shall: (b) All licensed contractors performing home construction or improvements…

[§444-25.7] Roofing contractors guarantee bond. (a) Every contract executed for the purpose of constructing, repairing or improving a roof covering, which contract states a guarantee for workmanship for a period in excess of seven years, shall be accompanied by a bond, executed b…

§444-26 Contractors recovery fund; use of fund; person injured; fees. (a) The board is authorized to establish and maintain a contractors recovery fund from which any person injured by an act, representation, transaction, or conduct of a duly licensed contractor that is in violat…

§444-27 Additional payments to fund. (a) At any time when the balance remaining in the contractors recovery fund is less than $250,000, the board may assess every contractor a fee not to exceed $500 annually for deposit in the contractors recovery fund. (b) The failure of any con…

§444-28 Statute of limitations; recovery from fund. (a) No action for an arbitration award or for a judgment which may subsequently result in an order for collection from the contractors recovery fund shall be commenced later than six years from the accrual of the cause of action…

§444-29 Management of fund. (a) The sums received by the contractors license board for deposit in the contractors recovery fund shall be held by the contractors license board in trust for carrying out the purposes of the contractors recovery fund. The contractors license board, a…

§444-3 Contractors license board. (a) There shall be a contractors license board of thirteen members. (b) Of the board members: (c) Each county shall be represented on the board. (d) No one, except the three noncontractor members, shall be eligible for appointment who does not at…

[§444-30] False statement. It shall constitute a misdemeanor for any person or the person's agent to file with the contractors license board any notice, statement, or other document required under the provisions of this chapter, which is false or untrue or contains any material m…

[§444-31] The contractors license board has standing in court. When the contractors license board receives notice, as provided in section 444-28(a), the contractors license board may enter an appearance, file an answer, appear at the court hearing, defend the action or take whate…

[§444-32] Subrogation to rights of creditor. When, upon the order of the court, the contractors license board has paid from the contractors recovery fund any sum to the judgment creditor, the contractors license board shall be subrogated to all of the rights of the judgment credi…

§444-33 Waiver of rights. The failure of an injured person to comply with all of the provisions of this chapter relating to the contractors recovery fund shall constitute a waiver of any right hereunder. [L 1973, c 170, pt of §1; am L 1977, c 127, §4]

§444-34 Maximum liability. Notwithstanding any other provision, the liability of the contractors recovery fund shall not exceed $25,000 for any licensed contractor. [L 1973, c 170, pt of §1; am L 1975, c 183, §2; am L 1983, c 201, §6]

§444-35 Disciplinary action against licensee. Nothing contained herein shall limit the authority of the contractors license board to take disciplinary action against any licensee for a violation of any of the provisions of chapter 444, or of the rules and regulations of the contr…

[§444-36] Prosecution of criminal violations. The regulated industries complaints office shall report any criminal violation of this chapter, including, but not limited to, criminal contempt of court, to the county prosecuting attorney's office or the department of the attorney g…

§444-4 Powers and duties of board. In addition to any other powers and duties authorized by law, the board shall:

§444-5 Other assistants. Subject to chapter 76 the department may employ and remove such administrative and clerical assistants as the contractors license board may require. [L 1957, c 305, §1 (pt of §4); am L Sp 1959 2d, c 1, §15; am L 1963, c 114, §3; Supp, pt of §166A-4; am L …

§444-7 Classification. (a) For the purpose of classification, the contracting business includes any or all of the following branches: (b) A general engineering contractor is a contractor whose principal contracting business is in connection with fixed works requiring specialized …

[§444-7.5] Asbestos contractors. (a) The board shall provide for the licensure or permitted activities as a specialty contractor of any person who engages in any activity involving the application, enclosure, removal, encapsulation, renovation, repair, demolition, or other distur…

§444-8 Powers to classify and limit operations. (a) The contractors license board may adopt rules and regulations necessary to effect the classification of contractors in a manner consistent with established usage and procedure as found in the construction business, and may limit…

§444-9 Licenses required. No person within the purview of this chapter shall act, or assume to act, or advertise, as general engineering contractor, general building contractor, or specialty contractor without a license previously obtained under and in compliance with this chapte…

§444-9.1 Issuance of building permits; owner-builder registration. (a) Each county or other local subdivision of the State which requires the issuance of a permit as a condition precedent to the construction, alteration, improvement, demolition, or repair of any building or struc…

§444-9.2 Advertising. (a) It is a misdemeanor for any person, including a person who is exempt by section 444-2 from this chapter, to advertise with or without any limiting qualifications as a contractor unless such person holds a valid license under this chapter for the goods an…

§444-9.3 Aiding or abetting. Aiding or abetting an unlicensed person to evade this chapter or knowingly combining or conspiring with an unlicensed person, or allowing one's license to be used by an unlicensed person, or acting as agent or partner or associate, or otherwise, of an…

§444-9.5 Performance of electrical and plumbing work; licensing of electrical and plumbing workers. (a) A person licensed as an electrical or plumbing contractor under this chapter may enter into contracts to perform electrical or plumbing work, respectively; provided that: (b) A…

PART I. GENERAL §445-1 Definition: "Treasurer". Whenever used in this chapter "treasurer" means the treasurer or director of finance of any county of the State. [L 1896, c 64, §2; am imp L 1909, c 151, §1; RL 1925, §1955; RL 1935, §2400; RL 1945, §7001; RL 1955, §155-1; HRS §445-…

§445-10 Term of license. (a) Subject to section 445-5, all licenses issued for carrying on the several businesses or doing the acts specified in this chapter shall be issued by the treasurer in accordance with the terms and conditions and for the fees specified in this chapter, f…

§445-11 Exposed to view; penalty. All persons holding a license for any class or kind of business shall keep the license exposed to view, in some prominent place, convenient for inspection, on the premises for which the same is granted. Any person failing to comply with the requi…

PART IV. OUTDOOR ADVERTISING §445-111 Definitions. As used in this chapter:

§445-112 Where and when permitted. No person shall erect, maintain, or use a billboard or display any outdoor advertising device, except as provided in this section:

[§445‑112.5] Vehicular advertising prohibited; penalty. (a) It is unlawful for any person to operate or park, or cause to be operated or parked, on any street, roadway, or other public place, or on any private property that can be seen from any street, roadway, or other public pl…

§445-113 Regulation by counties. Except for outdoor advertising devices authorized under section 445-112(16) and (17), the several counties may adopt ordinances regulating billboards and outdoor advertising devices not prohibited by sections 445-111 to 445-121. The ordinances may…

§445-114 Unlawful posting in public places. Except for a public officer in performance of a public duty, or a private person in giving legal notice on other than utility poles, it shall be unlawful for any person to paste, post, paint, print, nail, tack, or otherwise fasten any c…

§445-115 Same; consent of owner. It shall be unlawful for any person, except a public officer or employee in performance of a public duty, or a private person in giving legal notice, to paste, post, paint, print, nail, or tack or otherwise fasten any card, banner, handbill, sign,…

§445-12 Business without license forbidden; not transferable; penalty. (a) Where a county requires a license for the conduct of any business, or the performance of any act in this chapter enumerated, that business or act, except upon obtaining a license from the appropriate count…

§445-120 Enforcement by civil suit. Injunction forbidding the erection, maintenance, or display of, or commanding the removal or alteration of any outdoor advertisement or billboard, which does not comply with this statute or any ordinance enacted under the authority of this stat…

§445-121 Penalty. (a) Any person violating any provision of sections 445-111 to 445-121 shall be fined not less than $25 nor more than $500, or imprisoned not more than one month, or both. (b) In addition to subsection (a), any person acting knowingly, who is either: shall remove…