Hawaii Revised Statutes 436b. Uniform Professional and Vocational Licensing Act

PART I. GENERAL PROVISIONS

• 436b-1 Short Title.
  This chapter shall be known as and may be cited as the Professional and Vocational Licensing Act. [L 1991, c 111, pt of §2;...
• 436b-2 General Definitions.
  As used in this chapter: "Board" means any board or commission which is created and authorized by statute to issue a professional or vocational...
• 436b-3 Applicability; Prevailing Provisions; Construction.
  (a) The provisions of this chapter shall only be applicable to the professions and vocations required by law to be regulated by the licensing...
• 436b-4 Rules.
  The licensing authority may adopt rules pursuant to chapter 91 to effectuate this chapter and its licensing laws, and to carry out its purpose...

PART II. ORGANIZATION

• 436b-5 Conditions of Office.
  (a) Each member of a board shall be selected and shall serve under the provisions of section 26-34, and before beginning a term of...
• 436b-6 Organization of Boards.
  (a) Immediately upon the qualification and appointment of the original members, and annually thereafter, the board shall elect one member as chair and one...
• 436b-7 Powers and Duties of Licensing Authority.
  In addition to any other powers and duties authorized by law, each licensing authority may: (1) Adopt, amend, or repeal rules, issue declaratory rulings...
• 436b-8 Delegation of Authority.
  (a) The board shall delegate to the department the authority to receive, arbitrate, investigate, and prosecute any complaint against a licensee. (b) A licensing...
• 436b-8.5 Review of Examinations.
  The department, in its discretion, may allow an applicant to review the most recent examination failed by the applicant, provided that under no circumstances...

PART III. APPLICATION FOR LICENSURE

• 436b-9 Action on Applications; Abandoned Applications.
  (a) Unless otherwise provided by law, each licensing authority shall take the following actions within one year after the filing of a complete application...
• 436b-10 Application and Requirements for Licensure.
  (a) Application for a license shall be made on an application form to be furnished by the licensing authority. An applicant shall provide the...
• 436b-11 Additional Licensure Requirements.
  In addition to any other requirements provided by law, the licensing authority may also require by rule that the applicant provide the following: (1)...
• 436b-12 Criminal Conviction.
  When an applicant has been convicted of a penal crime directly related to the profession, vocation, or occupation for which licensure is sought, and...
• 436b-13 Renewal of License.
  (a) Each licensee shall be responsible for timely renewing the licensee's license and satisfying the renewal requirements provided by law. (b) At the time...
• 436b-13.3 Inactive License; Reactivation of Inactive License.
  (a) Unless otherwise provided by law, each licensing authority may allow a licensee to place its license on inactive status and provide conditions for the...
• 436b-14 Restoration of Forfeited License.
  A license which has been forfeited may be restored by the licensing authority within one year after the date of forfeiture upon compliance with...
• 436b-14.5 Extension of Licenses for Members of the Armed Forces, National Guard, and Reserves.
  (a) Notwithstanding any other law to the contrary, any license held by a member of the armed forces, National Guard, or a reserve component...
• 436b-14.6 Licensure by Endorsement or Licensure by Reciprocity; Experience Requirements.
  (a) Unless otherwise provided by law, an applicant for licensure by endorsement or licensure by reciprocity who is a nonresident military spouse may demonstrate competency...
• 436b-14.7 Licensure by Endorsement or Licensure by Reciprocity; Initial Acceptance by Affidavit; Temporary License; Military Spouse.
  (a) If a military spouse holds a current license in another state, district, or territory of the United States with licensure requirements that the...
• 436b-15 Fees and Expenses.
  No applicant or licensee shall be granted a license pursuant to the licensing laws unless the appropriate fees have been paid. Unless otherwise provided...
• 436b-15.5 Conversion of License.
  (a) Notwithstanding any other provision of law to the contrary, a licensee who has converted its form of business entity in accordance with sections...

PART IV. LICENSEE REPORTING REQUIREMENTS

• 436b-16 Notice of Judgments, Penalties.
  (a) Each licensee shall provide written notice within thirty days to the licensing authority of any judgment, award, disciplinary sanction, order, or other determination,...
• 436b-17 Filing of Current Addresses.
  Each licensee shall file with the licensing authority the licensee's current mailing, business, and residence address. It shall be the licensee's duty to provide...

PART V. LICENSING SANCTIONS

• 436b-18 Disciplinary Action.
  In addition to the licensing sanctions or remedies provided by section 92-17 against any licensee, the licensing authority may also impose conditions or limitations...
• 436b-19 Grounds for Refusal to Renew, Reinstate or Restore and for Revocation, Suspension, Denial, or Condition of Licenses.
  In addition to any other acts or conditions provided by law, the licensing authority may refuse to renew, reinstate or restore, or may deny,...
• 436b-19.5 Suspension or Denial of License for Noncompliance With Child Support Order.
  In addition to any other acts or conditions provided by law, the licensing authority shall refuse to renew, reinstate, or restore, or shall deny...
• 436b-19.6 Denial or Suspension of License for Default of Student Loan, Student Loan Repayment Contract, or Scholarship Contract.
  (a) In addition to any other acts or conditions provided by law, the licensing authority shall not renew or reinstate, or shall deny or...
• 436b-20 Suspended License.
  No license shall be suspended by the licensing authority for a period exceeding five years. A person whose license has been suspended may apply...
• 436b-21 Revoked License.
  A person may apply for a new license after five years from the effective date of the revocation of the license by filing an...
• 436b-22 Relinquishment No Bar to Jurisdiction.
  The forfeiture, nonrenewal, surrender, or voluntary relinquishment of a license by a licensee shall not bar jurisdiction by the licensing authority to proceed with...
• 436b-23 Summary Suspension.
  Notwithstanding any law to the contrary, the licensing authority or its delegate may cause the immediate suspension or restriction of a license, subject to...
• 436b-24 Hearings.
  Unless otherwise provided by law, in every case in which the licensing authority refuses to issue, renew, restore or reinstate a license, or proposes...
• 436b-25 Judicial Review by Circuit Court.
  Any person aggrieved by a final decision and order of the board in a "contested case", as defined in chapter 91, is entitled to...

PART VI. CIVIL AND CRIMINAL SANCTIONS

• 436b-26 No Compensation for Unlicensed Activity; Civil Action.
  The failure of any person to maintain a current and a valid license prior to engaging in any activity requiring licensure by the licensing...
• 436b-26.5 Citation for Unlicensed Activity; Civil Penalties.
  (a) In addition to any other remedy available, the investigator may issue citations to persons acting in the capacity of or engaging in business within...
• 436b-27 Civil and Criminal Sanctions for Unlicensed Activity; Fines; Injunctive Relief; Damages; Forfeiture.
  (a) Any licensee aiding or abetting an unlicensed person to directly or indirectly evade this chapter or the applicable licensing laws, or combining or...
• 436b-28 Remedies or Penalties Cumulative.
  Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under...
• 436b-29 Severability.
  If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other...

Last modified: October 27, 2016