§444-4 Powers and duties of board. In
addition to any other powers and duties authorized by law, the board shall:
(1) Grant licenses, including conditional licenses,
to contractors pursuant to this chapter and rules;
(2) Adopt, amend, or repeal such rules as the board
may deem proper fully to effectuate this chapter and carry out the purpose
thereof, which is the protection of the general public. All rules shall be
approved by the governor and the director, and when adopted pursuant to chapter
91, shall have the force and effect of law. The rules may forbid acts or
practices deemed by the board to be detrimental to the accomplishment of the
purpose of this chapter. The rules may require contractors to make reports to
the board containing any items of information as will better enable the board
to enforce this chapter and rules, or as will better enable the board from time
to time to amend the rules more fully to effectuate the purposes of this
chapter. The rules may require contractors to furnish reports to owners
containing any matters of information as the board deems necessary to promote
the purpose of this chapter. The enumeration of specific matters which may
properly be made the subject of rules shall not be construed to limit the
board's general power to make all rules necessary fully to effectuate the
purpose of this chapter;
(3) Adopt rules pursuant to chapter 91 necessary to
implement the provisions of this chapter relating to CFCs, including, but not
limited to, procedures for the disposal of air conditioning units utilizing
CFCs that include mandatory recovery and recycling of CFCs;
(4) Enforce this chapter and rules adopted pursuant
thereto;
(5) Suspend or revoke any license for any cause
prescribed by this chapter, or for any violation of the rules, and refuse to
grant, renew, restore, or reinstate any license for any cause which would be
grounds for revocation or suspension of a license;
(6) Publish and distribute pamphlets and circulars
containing any information as the board deems proper to further the
accomplishment of the purpose of this chapter;
(7) Contract for professional testing services to
prepare, administer, and grade the examinations for applicants as may be
required for the purposes of this chapter. The board shall determine the scope
and length of the examinations, whether the examinations shall be oral,
written, or both, and the score that shall be deemed a passing score;
(8) Order summary suspension of a license; provided
that summary suspensions may be delegated in accordance with section 436B-23;
(9) Issue informal nonbinding interpretations or
declaratory rulings, and conduct contested case proceedings pursuant to chapter
91; and
(10) Subpoena witnesses and documents, administer
oaths, receive affidavits and oral testimony, including telephonic
communications. [L 1957, c 305, §1 (pt of §4); am L 1965, c 96, §107; Supp, pt
of §166A-4; HRS §444-4; am L 1973, c 117, §1; am L 1982, c 204, §8; am L 1983,
c 124, §17; am L 1985, c 160, §1; am L 1989, c 77, §10 and c 268, §1; am L
1990, c 316, §8; am L 1992, c 202, §64; am L 1995, c 20, §1]
Case Notes
Rulemaking authority of the board. 51 H. 673, 466 P.2d 1009
(1970).
Notes of Decisions
Okada Trucking Co. v. Bd. of Water Supply, 40 P.3d 73 (Haw. 2002).
· cites it 6× “See HRS § 444-4(1), (5), (7), and (8). HRS § 444-7(a) (1993) provides that, “[i]or the purposes of classification, the contracting business includes any or all of the following branches: (1)[g]eneral engineering contracting; (2)[g]eneral building contracting; [and]…”
Anamizu v. City of Honolulu, 481 P.2d 116 (Haw. 1971).
· cites it 3× “2 HRS § 444-4 states In relevant part that the contractors license board shall: (2) Make, amend, or repeal such rules and regulations as it may deem proper fully to effectuate this chapter and carry out the purpose thereof which purpose is the protection of the general public.”
Jones v. Phillipson, 987 P.2d 1015 (Haw. App. 1999).
· cites it 2× “HRS § 444-4 confirms this purpose in providing that a contractors’ licensing board “shall .”
Otani v. Contractors License Bd., 466 P.2d 1009 (Haw. 1970).
· cites it 4× “Second, HRS §§ 444-4 (2) and 91-4 together provide that the Board’s rules and regulations shall have the force and effect of law 10 days after being filed with the lieutenant governor, if they have been approved by the governor and the director of regulatory agencies.”
Scott v. Contractors License Bd., 626 P.2d 199 (Haw. App. 1981).
“This case began with a notification dated July 27, 1976 to appellee of a hearing under §§ 444-4(4) and 444-18, Hawaii Revised Statutes (HRS), to determine whether or not appellee’s general contracting license should be suspended or revoked based upon a complaint that he had…”
Certified Constr., Inc. v. Crawford, 369 P.3d 864 (Haw. App. 2016).
· cites it 4× “HAR § 16—201—85(a) (effective 1990); see also HRS § 444-4(9) (2013 Repl.). 5 CCI in support of its position cites to HAR § 16-201-88(b) (effective 1990), which provides: § 16-201-88 Form of requests for informal interpretations.”
Scherer v. Contractors License Bd., 222 P.3d 466 (Haw. App. 2010).
· cites it 2× “See HRS § 444-4(4) (1993). [3] 3. The Hearings Officer, the CLB, and the circuit court did not err by permitting the receipt into evidence of documents that were not authenticated, i.”
Dist. Council 50, of the Int'l Union of Painters & Allied Trades v. Saito, 216 P.3d 108 (Haw. App. 2009).
· cites it 2× “]” HRS § 444-4(4) and (5) (Supp.2008). Chapter 444 provides that “[i]n addition to any other remedy available,” persons “acting in the capacity of or engaging in the business of a contractor within the State, without having a license previously obtained under and in compliance…”
— Haw. Rev. Stat. § 444-4(1) — 1 case
Okada Trucking Co. v. Bd. of Water Supply, 40 P.3d 73 (Haw. 2002).
“See HRS § 444-4(1), (5), (7), and (8). HRS § 444-7(a) (1993) provides that, “[i]or the purposes of classification, the contracting business includes any or all of the following branches: (1)[g]eneral engineering contracting; (2)[g]eneral building contracting; [and]…”
— Haw. Rev. Stat. § 444-4(2) — 4 cases
Okada Trucking Co. v. Bd. of Water Supply, 40 P.3d 73 (Haw. 2002).
“See HRS § 444-4(1), (5), (7), and (8). HRS § 444-7(a) (1993) provides that, “[i]or the purposes of classification, the contracting business includes any or all of the following branches: (1)[g]eneral engineering contracting; (2)[g]eneral building contracting; [and]…”
— Haw. Rev. Stat. § 444-4(4) — 3 cases
Scott v. Contractors License Bd., 626 P.2d 199 (Haw. App. 1981).
“This case began with a notification dated July 27, 1976 to appellee of a hearing under §§ 444-4(4) and 444-18, Hawaii Revised Statutes (HRS), to determine whether or not appellee’s general contracting license should be suspended or revoked based upon a complaint that he had…”
Scherer v. Contractors License Bd., 222 P.3d 466 (Haw. App. 2010).
“See HRS § 444-4(4) (1993). [3] 3. The Hearings Officer, the CLB, and the circuit court did not err by permitting the receipt into evidence of documents that were not authenticated, i.”
Dist. Council 50, of the Int'l Union of Painters & Allied Trades v. Saito, 216 P.3d 108 (Haw. App. 2009).
“]” HRS § 444-4(4) and (5) (Supp.2008). Chapter 444 provides that “[i]n addition to any other remedy available,” persons “acting in the capacity of or engaging in the business of a contractor within the State, without having a license previously obtained under and in compliance…”
— Haw. Rev. Stat. § 444-4(9) — 2 cases
Certified Constr., Inc. v. Crawford, 369 P.3d 864 (Haw. App. 2016).
“HAR § 16—201—85(a) (effective 1990); see also HRS § 444-4(9) (2013 Repl.). 5 CCI in support of its position cites to HAR § 16-201-88(b) (effective 1990), which provides: § 16-201-88 Form of requests for informal interpretations.”
— Haw. Rev. Stat. § 444-4(a) — 1 case
Certified Constr., Inc. v. Crawford, 369 P.3d 864 (Haw. App. 2016).
“HAR § 16—201—85(a) (effective 1990); see also HRS § 444-4(9) (2013 Repl.). 5 CCI in support of its position cites to HAR § 16-201-88(b) (effective 1990), which provides: § 16-201-88 Form of requests for informal interpretations.”
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