HAWAII ADMINISTRATIVE RULES

TITLE 8

DEPARTMENT OF EDUCATION

SUBTITLE 2

EDUCATION

CHAPTER 101

LICENSING OF PRIVATE TRADE, VOCATIONAL OR TECHNICAL SCHOOLS

 

§8-101-1 Definition of terms
§8-101-2 General rule
§8-101-3 General requirements
§8-101-4 Facilities and equipment
§8-101-5 Curriculum
§8-101-6 School staff
§8-101-7 Advertising and student solicitation
§8-101-8 Tuition, fees and other charges
§8-101-9 Inspections
§8-101-10 Complaints
§8-101-11 License revocation or suspension
§8-101-12 Hearing
§8-101-13 Appeal
§8-101-14 Penalty

 

Historical Note: This chapter is based substantially upon Department of Education "Rule 46, Relating to Licensing of Private Trade, Vocational or Technical Schools." [Eff 9/26/68; am 7/28/75; R 12/7/87]


§8-101-1 Definition of terms.  As used in this chapter:


"Advertising" means informing the public through person-to-person contact, radio, television, telephone directory listings, telephone calls, newspapers, magazines, brochures, placards and other communications media.

"Applicant" means any owner desiring a license under this chapter.

"Board" means the board of education of the State of Hawaii.

"Department" means the department of education of the State of Hawaii.

"Department representative" means the official designated by the department of education to administer and enforce this chapter.

"Instructor" means a person qualified in accordance with standards set by the department and licensed by the department to teach a specified subject, trade, or occupation.

"License" means a formal document issued by the department to grant permission to operate a private school or teach a subject under specific conditions.

"License fee" means a charge made to a school for an initial license, an annual renewal license, or a license revision.

"Night" means the hours between 6:00 p.m. and 7:00 a.m.

"Owner" means the person designated by license to operate a school. 

"Person" means an individual, association, partnership, or corporation, including their agent, servant, or employee.

"Principal" means the chief administrator of a school who is responsible for implementing the school’s policies and programs and for complying with this chapter.

"School" means a private trade, vocational, or technical school, as defined by State law, which provides only post-secondary courses below the college or university degree-granting level.

"Twenty or less class sessions" means an instructional program consisting of twenty or less instructional days.  The term "instructional program" means a set of study or training activities which, when satisfactorily completed by a student, is intended to lead to expected levels of proficiency or skill in a trade, vocational, or technical field. [Eff 12/7/87; comp 3/5/01] (Auth: HRS §§302A-1112, 302A-427)(Imp: HRS §§302A-101, 302A-1112, 302A-501, 302A-602, 302A-424)

 

§8-101-2  General rule.  All private trade, vocational, or technical schools shall be licensed as provided by law and shall adhere to the provisions of this chapter, except as follows:


(1)  Schools maintained or classes conducted by employers for their own employees where no fee or tuition is charged;

(2)  Courses of instruction given by a fraternal society, benevolent order, or professional organization to its members and which are not operated for profit;

(3)  Flying schools qualified under the Federal Aviation Administration;

(4)  Classes conducted for less than five students at one and the same time;

(5)  Classes or courses of instruction which are conducted for twenty or less class sessions during any twelve month period;

(6)  Avocational, hobby, recreation, or health classes or courses;

(7)  Courses of instruction on religious subjects given under the auspices of a religious organization; or

(8)  Schools registered by the State department of commerce and consumer affairs. [Eff 12/7/87; comp 3/5/01] (Auth: HRS §§302A-1112, 302A-427) (Imp: HRS §§302A-1112, 302A-101, 302A-424, 302A-425)

 

§8-101-3  General requirements.  (a) Application for the initial license to operate a school shall be made to the department upon forms provided for this purpose.  An application form shall be completed and filed not less than ninety days before the opening date of a new school.  The ninety-day requirement shall not apply to an application for a change in ownership of an existing school licensed by the department.  The following shall accompany the application:


(1)  A complete statement of the training and experience of the principal which statement shall establish the principal’s fitness to operate the school as proposed, using forms provided by the department;

(2)  Letters from at least three persons testifying to the character, ability, and competency of the principal to operate the school as proposed;

(3)  A bank reference of the applicant, a statement of the initial working capital of the school, a projected financial statement for its first six months of operation, and additional references as may be required by the department;

(4)  Certificate of clearance from the county building department, the State health department, and the county fire department;

(5)  Floor plan showing the location of offices, libraries, classrooms, laboratories, shops, restrooms, and other facilities, and the location of all major pieces of furniture, training equipment, windows, and doors;

(6)  A list of the equipment to be provided for each course;

(7)  An outline of the courses to be offered, including course title, objectives, curriculum content, and evaluation procedures;

(8)  A statement describing the standards and methods of instruction to be used;

(9)  A copy of student contract and enrollment forms;

(10) A statement of the method and content of advertising and the media to be used;

(11) A copy of the school catalogue or brochure;

(12) A copy of the diploma or certificate to be awarded;

(13) A schedule of all fees, tuition, and charges to be made;

(14) A qualifications record for each member of the professional staff of the school using the forms provided by the department;

(15) A surety bond in the sum of $50,000, payable in a form satisfactory to the department, to provide indemnification to any student who suffers loss as a result of the school not fulfilling its obligations under the terms of its license; provided that the bonding requirement may be reduced at the discretion of the department upon a showing by the school that the requirement is excessive and at no time do advance collections from students amount to $50,000; and provided further, that when a satisfactory showing is made, the bond requirement shall be reduced according to the following schedule: 

Advance Collections Minimum Bond
$0   - 1,999     $1,000
2,000   - 5,999      5,000
6,000   - 11,999      10,000
12,000 - 17,999      15,000
18,000 - 23,999      20,000
24,000 - 29,999      25,000
30,000 - 34,999      30,000
35,000 - 39,999      35,000
40,000 - 44,999      40,000
45,000 - 49,999      45,000

(16)  A license fee payable to the department;

(17)  A copy of the articles of incorporation or partnership and by laws filed with the State department of commerce and consumer affairs if applicable; and

(18) Other additional information as may be required by the department.

(b)  A school shall not begin operation until a license has been granted and a copy of the State gross income license has been filed with the department representative.

(c)  A school shall not solicit students until it has been issued a license, except that a school in the process of obtaining a license may advertise; provided that the statement, "subject to completion of all licensing requirements," shall be a part of all advertising representations.

(d)  Initial licenses shall be granted from September 1 to August 31 for two years.  Upon the submittal of a complete application, the department shall grant or deny an initial license within ninety days.  If the department fails to grant or deny the initial license within ninety days, the application shall be deemed automatically approved for licensure.  The license fee for an initial license shall be $100. 

(e) Renewal applications for licenses shall be submitted on the first of July immediately preceding the expiration of the license for which renewal is sought.  Renewed licenses shall be effective for a term of two years, from the first of September of the year in which the renewal application was granted, through and including the thirty-first of August two years thereafter.  Upon submittal of a complete renewal application, the department shall grant or deny alicense within sixty days, unless substantial changes to the school’s facilities and/or operations have been made.  In such cases, the department shall give the renewal applicant notice that in light of the substantial changes made to the school’s facilities, or operations, or both, the renewal application will be treated as an initial application under subsection (a). If the department fails to grant or deny the renewed license within sixty days, the application shall be deemed automatically approved for the renewal of licensure.  The license fee for renewals shall be $50 which shall be submitted with the renewal application.  Licenses shall be renewed if a school has met all applicable requirements of the department.  If a renewal application and license fee are not submitted by July 1, a late fee of $10 shall be charged.

(f)  Licenses shall be issued to the owner of a specific school and shall specify and be limited as follows:

(1)  Registered under a particular name;

(2)  At a designated location;

(3)  Under a certain management;

(4)  To teach specific trades or vocations; and

(5) Not exceeding a specified maximum number of students occupying the facility at any one time. 

Any change in the conditions of paragraphs (1) through (5) shall be reported to and approved by the department prior to implementation.  Upon submittal of a completed request for a change in the license, the department shall grant or deny the change within sixty days.  If the department fails to grant or deny the requested change within sixty days, the change shall be automatically deemed approved.  A $10 fee shall be submitted with an application for a license change.

(g)  A change in the ownership status of a school shall void its current license and the new owner shall apply for a new license.  If the owner is a partnership, a change in the partners shall be deemed a change in ownership.  If the owner is a corporation, it shall be deemed a change in ownership if one of the following changes occur in the outstanding shares of capital stock in the corporation:

(1)   Fifty per cent or more of the outstanding shares change ownership; or

(2)  The change in ownership of any number of outstanding shares results in a transferee accumulating fifty per cent or more of the total outstanding shares.

(h)  If a school wishes to expand its educational offerings to include additional trades or vocations, or to increase its enrollment exceeding the limits of its current license, the school shall submit a written request for a revised license.  The request shall be supported by all applicable information required by this section.   A school shall not implement the proposed changes prior to receiving a revised license.  Upon submittal of a completed request for a change in the license, the department shall grant or deny the change within ninety days.  If the department fails to grant or deny the requested change within ninety days, the change shall be automatically deemed approved.

(i)   A licensed school shall limit its course offerings and activities to those approved by the department.  A school shall not engage in any commercial business activity for financial gain that does not directly relate to and enhance the licensed program of instruction.

(j)  A school that ceases operations shall inform the department and surrender its license within thirty days after cessation of operations.  The license shall be canceled automatically thirty days after cessation of operations unless a longer period of inactivity has been applied for in writing and approved by the department.  Upon submittal of a request to extend its license, the department shall grant or deny the extension within thirty days.  If the department fails to grant or deny the extension within thirty days, the extension shall be automatically deemed approved.  

(k)  The department may require a new applicant for a license to provide acceptable evidence that there is a need for the training proposed and the training is not being adequately provided to meet the need.  Failure of an applicant to provide acceptable evidence shall be grounds for denial of a license.

(l)  A school granted a license by the department shall keep on each student adequate records of personal data, student’s previous training and experience, progress in the training program, grades, and other information as required by the department.  The record shall be in a form as prescribed or accepted by the department.  Records of courses taken by students shall be kept on file by the school for at least seven years and a permanent record of all graduates of courses of one year or more in length shall be maintained.  A school ceasing to operate shall transfer its student records to the department.

(m)  A licensed school shall submit an annual report and other reports as requested by the department.

(n)  The school shall prepare and make available for distribution to prospective students and other interested persons, a brochure or catalogue setting forth essential information about the school and the courses of instruction it offers.  The publication shall be updated periodically so that the information contained is current and accurate. Each brochure or catalogue shall include but not be limited to, the following information:

(1)  Name, address and telephone number of the school;

(2)  Date of issue;

(3)  School’s ownership and administrative officer;

(4)  School’s calendar including starting and ending dates and school holidays;

(5)  Description of facilities and equipment;

(6)  Entrance requirements;

(7)  Schedule of all charges;

(8)  Course titles and objectives;

(9)  Course outlines or description;

(10) Length of each course;

(11) School’s policy on granting credit for previous training or experience;

(12) School’s policy on attendance, absences and make-up;

(13) School’s policy on grading, reports of grades and standards required;

(14) School’s policy on student conduct;

(15) School’s policy on refund of tuition and other fees collected;

(16) Student loans or financing plans; and

(17) Placement services.

(o)  Upon completion of a course, a student shall be issued a certificate or diploma by the school, giving the name of the course and containing a statement that the student has satisfactorily completed the required work.

(p)  A school shall not operate at night unless an authorization is specifically provided in a license issued by the department.

(q)  A school shall prominently display its license on the school premises at all times and in plain view of students.

(r)  A licensed school shall make available a copy of this chapter to members of the staff, students, and to interested citizens upon request. [Eff 12/7/87; am and comp 3/5/01] (Auth: HRS §§302A-1112, 302A-427) (Imp: HRS §§91-13.5, 132-6, 237-9, 302A-425 thru 427)

 

§8-101-4  Facilities and equipment.  (a) A license shall not be granted to operate a private trade, vocational or technical school until the physical plant of the proposed school has been inspected and approved by:

(1)  The respective county building department for safety and building code compliance;

(2)  The State department of health for sanitation and compliance with health department rules and regulations;

(3)  The department of education for adequacy of the proposed training in the trades or vocations; and

(4)  The respective county fire department for fire safety requirements.
A license of a school shall be suspended for failure to maintain facilities in a condition satisfactory for effective training.


(b)  The department may at any time inspect a school’s training equipment for adequacy and require, as a licensing condition, the addition or deletion of equipment for carrying out the course objectives. [Eff 12/7/87, comp 3/5/01] (Auth: HRS §§302A-1112, 302A-427) (Imp: HRS §§132-6, 302A-1112, 302A-425 thru 427)

 

§8-101-5  Curriculum.  (a) The curriculum of a private trade, vocational or technical school shall be approved by the department as to its adequacy for training in the trades or vocations to be taught, and shall be specifically set forth in the application.  A school’s failure to provide and maintain the courses set forth in the application shall be deemed just cause to suspend or revoke a license.  The department shall approve or disapprove proposed additions or deletions of courses.  The department shall approve or disapprove the curriculum and/or proposed additions or deletions of courses within sixty days.  If the department fails to approve or disapprove the curriculum, approve or disapprove the addition or deletion of courses within sixty days, it shall be automatically deemed approved. The department may review a school’s curriculum through a board or commission established for a trade or occupation, or by an ad hoc curriculum review committee established by the department.

(b)  A description of the course of study for each trade or vocation shall be posted or displayed in a prominent place in the school and made available to students.

(c)  Commercial work may be included in a training program; provided that:

(1)  The school shall submit to the department for approval a justification of the need for using commercial work in the training program, a description of how it will be integrated into the curriculum, and what limitations will be placed on its use;

(2)  The amount of commercial work accepted by a school shall be limited to what is necessary for student training, and commercial work shall be confined to school hours;

(3)  Students shall not receive compensation for commercial work which is part of the training program; and

(4)  The department may suspend or terminate at any time all or any portion of commercial work of a school upon receiving an objection from a person to persons in the industry, for the welfare of students, or for other just causes. [Eff 12/7/87, am and comp 3/5/01] (Auth: HRS §§302A-1112, 302A-427) (Imp: HRS §§302A-1112, 302A-425 thru 427)

 

§8-101-6  School staff.  (a) A private trade, vocational or technical school shall designate a person as principal and furnish to the department satisfactory evidence of the designee’s qualifications to act in that
capacity.

(b)  The principal shall:

(1)  Comply with this chapter;

(2)  Submit reports and information as required by the department;

(3)  Inform the department of changes in school policies, programs, personnel, facilities, tuition, calendar and all other matters affecting the status of the school as previously licensed;

(4)  Authorize all advertising, recruitment procedures employed by representatives of the school, published materials and public relations activities; and

(5)  Exercise professional direction and supervision of the school staff and program.


(c)  All instructors shall possess an instructor’s license issued by the department.  Upon submittal of a completed request for instructor licensure, the department shall grant or deny the instructor’s license within thirty days.  If the department fails to grant or deny the request for instructor’s licensure within thirty days, the request shall be automatically deemed approved.  Application for license shall be made on forms provided by the department.  Instructors shall meet the following qualifications:


(1)  Have a minimum of three years of successful practical experience beyond the standard learning period recognized for the trade, occupation or sub-divisions thereof that they are to teach; provided that an instructor applicant shall give the department evidence of personal trade or occupational competency; provided, the department may require written evidence, under oath and examination, to determine whether an instructor applicant possesses the skills or fitness to teach a trade or occupation; and provided that the  qualification requirement may be waived by the department if the applicant presents evidence that practical experience in the trade or occupation is not essential to competently teach the courses or subjects.

(2)  Possess a license or certificate for the trade or occupation to be taught if required of instructors by law or ordinance.  Applicants who do not meet the requirements for an instructor’s license may be issued a temporary instructor’s license to teach at a particular school for a period of six months.  A temporary instructor’s license may be renewed for no more than an additional six months.

(d)  In case of emergency, the department may grant temporary approval for the employment of substitute instructors who do not possess all of the requirements of this section.  A temporary approval shall not exceed thirty school days.

(e)  Changes in the professional staff of a school shall be reported to the department within five school days from the date of the change.  This requirement applies to the hiring or termination of the principal, assistants, and classroom instructors.  The complete qualifications of new instructors shall be submitted to the department for approval within five days from the date of the agreement to hire.  The department may revoke or suspend a school’s license if the changes are disapproved and satisfactory instructors are not provided within a reasonable time, as determined by the department.

(f)  The classroom instructional hours of teachers shall not exceed eight hours in any one day or forty hours in any one week.

(g)  Teachers or other persons having contact with students, either acting as a volunteer or employed in or by a school, shall present to the principal a currently valid tuberculosis clearance certificate issued by the State department of health in accordance with health regulations. [Eff 12/7/87, am and comp 3/5/01](Auth: HRS §§302A-1112, 302A-427) (Imp: HRS §§302A-1112, 302A-602, 302A-426, 302A-427)

 

§8-101-7  Advertising and student solicitation.
(a) It is not the purpose of this section to prevent or to limit the right of private trade, vocational or technical schools to use advertising media in publicizing courses of instruction that are offered. It is intended to prevent misrepresentations and unethical practices.

(b)   A school’s license shall be revoked if it engages in unfair or deceptive acts or practices as defined by law.

(c)  Any reference to the department in a school’s advertisement shall be limited to a statement that the school is licensed by the department or a license application is pending approval by the department.

(d)  A school may not advertise that it is endorsed by business establishments, organizations or individuals engaged in the kind of work for which training is given unless substantiating evidence is filed with the department.

(e)  A school shall not solicit students in help wanted or other employment columns in newspapers or other publications or in any other form of advertising other than that which shows itself clearly to be that of a school seeking to enroll students.

(f)  A school shall not advertise or claim that it will completely train students in any given length of time.

(g)  A school, or its representatives, shall not advertise that it guarantees or implies to guarantee, employment to its students or graduates; nor shall a school advertise that students or graduates will receive a definite wage per hour, per day, per week or per month.8-101-8

(h)  A school shall not advertise a course of instruction that has not been duly approved by the department for purposes of testing public response unless the advertising clearly states that it is a proposed or tentative offering subject to the approval of the department.  Money may not be collected from prospective students for enrollment in a course until it has been approved by the department.

(i)  A school shall not advertise a course approved by the department without giving a firm starting date and specifying the length of the course.

(j)  The department may require a school to submit copies of current and proposed catalogs, sales presentations, brochures, circulars relating to course offerings, student application forms, contracts, letterheads, form letters and other advertising material to determine compliance with this chapter and the conditions under which a license was issued. [Eff12/7/87, comp 3/5/01] (Auth:  HRS §§302A-1112, 302A-427) (Imp: HRS §§302A-1112, 302A-426, 302A-427)

§8-101-8  Tuition, fees and other charges.  (a) A school shall publish the standard tuition rate in its school literature and shall not deviate from the published rate or any discount other than for cash payments.  Discounts shall be clearly indicated in the school literature.  A school shall give notice to the department of any change in the published tuition rates at least thirty days in advance of the change.

(b)  Quotations to students on the cost of supplies, books, materials, rentals, deposits, registration, library, student activity, or other fees shall be stated separately from the cost of tuition for instruction.  Quotations shall reflect complete information on all charges.  All quotations to students on tuition, fees, and other charges shall state:

(1)  Whether the sums must be paid in advance, when payment is due, and in what installments;

(2)  Whether or not financing charges are to be assessed against unpaid advances of tuition or other charges; provided that the rate and total amount of the finance charge shall be clearly indicated; and

(3)  What refund will be made in the event a student does not complete the course or discontinues attendance at no fault of the school, and the method of computing the refund.

(c)  If a student purchases books, supplies, or equipment from a bookstore or other source, and the cost of the items is separate and independent from the charge made by the school for tuition and fees, the student may retain or dispose of the items.  If a school furnishes books, supplies, or equipment, and the cost is included in the total charge payable to the school for the course, and if the student withdraws or is discontinued prior to the completion of the course, refund shall be made for the amount of unissued books, supplies, or equipment.  Issued items may be disposed of by the student.

(d)  Private trade, vocational, or technical schools shall have a written refund policy for students who withdraw before attending classes or who discontinue attendance at the school.  The policy shall provide for a partial refund of the unused portion of tuition, fees, and other charges except for a registration fee not to exceed $100.  If the school’s policy for the refund of the unused portion of tuition, fees, and other charges is more favorable to the student than the minimum schedule provided in this section, the school’s policy shall be applicable.  The minimum refund of tuition, fees, and other charges paid in advance that a school pays to registrants or students who withdraw shall be a sum which does not vary more than ten per cent from the exact pro rata portion of tuition, fees, and other charges that the length of the completed portion of the course bears to its total length.  The exact proration shall be determined by the ratio of the number of days of instruction completed by the student to the total number of instructional days in the course.

(e)  A school shall not contract with a student for a period in excess of one year even though the complete training program pursued by a student may be of longer duration.

(f)  Authorized courses for which a student is registered shall be started on the date advertised; otherwise, enrollees shall be entitled to a refund of all tuition and fees collected.

(g)  Collections of advance payments of tuition, fees, or other charges shall not cover a period of more than one year even though the complete training program pursued by the student may be of longer duration. [Eff 12/7/87, am and comp 3/5/01] (Auth: HRS §§302A-1112, 302A-427) (Imp: HRS §302A-1112)

 

§8-101-9  Inspection.  Schools shall be inspected by a representative of the department prior to the issuance of a license and may be inspected at any time thereafter by the department.  [Eff 12/7/87, comp 3/5/01]  (Auth: HRS §§302A-1112, 302A-427) (Imp: HRS §302A-1112)

 

§8-101-10  Complaints.  (a) A complainant shall discuss a complaint with the school principal prior to filing a formal complaint.

(b)  A formal complaint of a violation of this chapter shall be submitted and processed in the following manner:

(1)  A complainant shall state the complaint in writing, sign the complaint, and submit supportive evidence;

(2)  The complaint shall be filed with the director of the department’s school improvement and community leadership branch, division of learner, teacher, and school support; and

(3)  After investigating the complaint, a written decision and reasons shall be provided to the complainant by the director of the school improvement and community leadership branch. [Eff 12/7/87, am and comp 3/5/01] (Auth: HRS §§302A-1112, 302A-427) (Imp: HRS §302A-1112)

 

§8-101-11  License revocation, suspension or non-renewal.  (a)  The department may revoke, suspend, or not renew a school’s license because of the school’s failure to comply with this chapter.  At least fifteen working days prior to the effective date of a license revocation, suspension, or non-renewal, the superintendent shall notify the owner by certified mail, return receipt requested, of:


(1)  The department’s intent and reasons therefor;

(2)  The date the action will become effective; and

(3)  The right to request a hearing with the superintendent prior to the effective date of the action.


(b)  If the owner fails to request a hearing, the license shall be revoked, suspended or not renewed.  If a license is revoked, the owner shall return the license immediately to the department and cease all operations. If a license is suspended, the school shall cease all operations during the period of suspension.  If a license is not renewed, the school shall cease all operations beginning the effective date of the department’s action.

(c)  The effective date of a license revocation, suspension, or non-renewal may be modified by the department if a hearing is requested by the owner.

(d)  If a school bond is canceled, the license shall be automatically revoked, effective the date of the bond cancellation. [Eff 12/7/87, comp 3/5/01](Auth: HRS §§302A-1112, 302A-427) (Imp: HRS §§302A-1112, 302A-426)

 

§8-101-12  Hearing.  (a) Upon receipt of a request for a hearing on license revocation, suspension, or non-renewal, the superintendent or designee shall schedule a hearing within ten working days and notify the owner, by registered or certified mail at least fifteen days before the hearing, of the date, time, and place of the hearing.  The hearing shall be held under the following conditions:

(1)  The owner and the department or their representatives shall have the right to present evidence, cross-examine witnesses, or submit rebuttal testimony;

(2)  The superintendent or designee shall weigh the evidence impartially and may request additional information relevant to the complaint; and

(3)  The department shall make a transcript of the hearing; provided, the owner may obtain a copy of the proceedings at the owner’s expense; and, provided further, tape recordings are permissible.

(b)  Not later than five working days after the hearing, the superintendent or designee shall issue a written decision which shall be sent to the owner by certified mail, return receipt requested.  The decision shall be based on the hearing record and supportive evidence, and shall set forth the actions to be taken and the reasons.  The owner shall be notified of the right to appeal the superintendent’s decision in accordance with section 8-101-13.

(c)  The decision of the superintendent or designee shall be final unless the decision is appealed in accordance with section 8-101-13.  If the decision is to uphold the license revocation, suspension, or non-renewal, the action shall be effective ten working days after the date the decision is issued.  A revocation, suspension, or non-renewal decision shall not take effect if an appeal is filed in accordance with section 8-101-13. [Eff 12/7/87, comp 3/5/01] (Auth: HRS §§302A-1112, 302A-427) (Imp: HRS §§91-1, 91-10, 91-12, 302A-1112, 302A-426)

 

§8-101-13  Appeal.  The owner may appeal the decision of the superintendent to the board not later than ten working days from the date of the written decision of the superintendent.  Upon receiving an appeal, the board shall examine the evidence and issue a final decision in accordance with administrative procedures as set forth by State statutes.  A final decision shall not be made until a proposal for decision containing a statement of reasons and including determination of each issue of fact or law necessary to the proposed decision has been served upon the owner, and an opportunity has been given to each party adversely affected by the proposed decision to file exceptions and present argument to the board, which shall consider the whole record or portions of therecord as may be cited by the parties.  The final decision of the board shall be sent to the owner by certified mail, return receipt requested.  A revocation, suspension, or non-renewal of license shall take effect five working days after the final decision of the board is issued or on the date specified in the final decision. [Eff 12/7/87, comp 3/5/01] (Auth: HRS §§91-11, 302A-1112, 302A-427) (Imp: HRS §§91-11, 302A-1112)

 

§8-101-14 Penalty.  Any person, firm or corporation in violation of this chapter may be subject to penalties as provided by State law." [Eff 12/7/87, comp 3/5/01]   (Auth: HRS §§302A-1112, 302A-427) (Imp: HRS §§302A-1112, 302A-428)