Haw. Rev. Stat. § 444-8

  Powers to classify and limit operations

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     §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 the field and scope of the operations of a licensed contractor to those in which the contractor is classified and qualified to engage, as defined in section 444-7.

     (b)  A licensee may make application for classification and be classified in more than one classification if the licensee meets the qualifications prescribed by the board for such additional classification or classifications.  For qualifying or classifying in additional classifications, the licensee shall pay the appropriate application fee but shall not be required to pay any additional license fee.

     (c)  This section shall not prohibit a specialty contractor from taking and executing a contract involving the use of two or more crafts or trades, if the performance of the work in the crafts or trades, other than in which the specialty contractor is licensed, is incidental and supplemental to the performance of work in the craft for which the specialty contractor is licensed. [L 1957, c 305, §1(s 7); am L 1965, c 241, §1; Supp, §166A-7; HRS §444-8; gen ch 1985]

 

Cross References

 

  Rulemaking, see chapter 91.

 

Case Notes

 

  Classifications; consistency with established usage and procedure and the public safety as provided in §444-4(2).  51 H. 673, 466 P.2d 1009 (1970).

 

 

Notes of Decisions
Cited in 3 cases, 1970–2013 · leading case: Okada Trucking Co. v. Board of Water Supply
Okada Trucking Co. v. Board of Water Supply (2002) haw · cites it 8× “In full, HRS § 444-8 provides as follows: (a) The contractors license board may adopt rules and regulations necessary to effect the classifications of contractors in a manner consistent with established usage and procedure as found in the construction business, and may limit the…”
District Council 50 of the International Union of Painters & Allied Trades v. Lopez. (2013) haw · cites it 28× “Rather, as to general engineering contractors, HRS §§ 444-8 and 444-9, as well as HAR §§ 16-77-32 through 16-77-34, expressly constrain them from engaging in any operations for which they are not duly licensed.”
Otani v. Contractors License Board (1970) haw · cites it 2× “In HRS § 444-8(a), the Board is broadly empowered to enact classifications “in a manner consistent with estab *677 lished usage and procedure as found in the construction business”, and in order to protect the public safety, as provided in HRS § 444-4 (2).”
— Haw. Rev. Stat. § 444-8(a) — 2 cases
District Council 50 of the International Union of Painters & Allied Trades v. Lopez. (2013) haw “Rather, as to general engineering contractors, HRS §§ 444-8 and 444-9, as well as HAR §§ 16-77-32 through 16-77-34, expressly constrain them from engaging in any operations for which they are not duly licensed.”
Otani v. Contractors License Board (1970) haw “In HRS § 444-8(a), the Board is broadly empowered to enact classifications “in a manner consistent with estab *677 lished usage and procedure as found in the construction business”, and in order to protect the public safety, as provided in HRS § 444-4 (2).”
— Haw. Rev. Stat. § 444-8(c) — 2 cases
Okada Trucking Co. v. Board of Water Supply (2002) haw “In full, HRS § 444-8 provides as follows: (a) The contractors license board may adopt rules and regulations necessary to effect the classifications of contractors in a manner consistent with established usage and procedure as found in the construction business, and may limit the…”
District Council 50 of the International Union of Painters & Allied Trades v. Lopez. (2013) haw “Rather, as to general engineering contractors, HRS §§ 444-8 and 444-9, as well as HAR §§ 16-77-32 through 16-77-34, expressly constrain them from engaging in any operations for which they are not duly licensed.”
— Haw. Rev. Stat. § 444-8(e) — 1 case
District Council 50 of the International Union of Painters & Allied Trades v. Lopez. (2013) haw “Rather, as to general engineering contractors, HRS §§ 444-8 and 444-9, as well as HAR §§ 16-77-32 through 16-77-34, expressly constrain them from engaging in any operations for which they are not duly licensed.”
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