Bill Text: HI HB2546 | 2010 | Regular Session | Introduced
Bill Title: Restoration Time Limits; Forfeited Licenses; Chiropractic Examiners; Individual Real Estate Brokers and Salespersons
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2010-04-22 - (S) Vetoed on 04-22-10 - Returned from the Governor without approval (Gov. Msg. No. 508). [HB2546 Detail]
Download: Hawaii-2010-HB2546-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2546 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to Restoration of certain forfeited Professional and Vocational Licenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 442-11, Hawaii Revised Statutes, is amended to read as follows:
"§442-11 Biennial renewal; fees; failure to renew. Every person holding a license to practice chiropractic in the State shall submit a renewal application with the board of chiropractic examiners on or before December 31 of each odd-numbered year and shall pay a renewal fee. If the board has established continuing education requirements for renewal, the license shall not be renewed unless proof of compliance with the requirements is submitted. A renewal notice shall be mailed to the last known address of all licensed chiropractors on or before November 30 of each odd-numbered year.
The failure,
neglect, or refusal of any person holding a license to practice chiropractic to
renew the license or to pay the renewal fee[, after thirty days of
delinquency, constitutes] on or before December 31 of each odd-numbered
year shall constitute a forfeiture of the license[; provided that
the license shall be restored upon written application therefor together with
proof of compliance with the continuing education requirements, if any, and a
payment of all delinquent fees and a penalty fee, if the application and
payments are made within a period of one year from the date of the inception of
the forfeiture. In the event, however, the forfeiture is permitted to continue
over a period of one year, in addition to the foregoing requirements, the
person may be required to submit to reexamination and successfully pass the
reexamination]. A license that has been forfeited may be restored by
the board within two years after the date of forfeiture upon compliance with
the licensing renewal requirements provided by law and upon written application
and payment of all applicable renewal fees, penalty fees, and compliance
resolution fund fees. The license of any person who fails to apply for
restoration of a forfeited license within two years from the date of forfeiture
shall be automatically terminated. If a person whose license has been terminated
desires to practice chiropractic again, the person shall be required to apply
for a new license pursuant to and subject to all applicable laws and rules in
effect at the time of that application."
SECTION 2. Section 467-11, Hawaii Revised Statutes, is amended to read as follows:
"§467-11 Fees; original license and biennial renewals. (a) All fees for applications, registrations, certificates, and any license prescribed by this chapter shall be deposited to the credit of the compliance resolution fund established pursuant to section 26-9(o), and all fees allocated to the real estate education fund shall be as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91.
(b) The biennial renewal fee and completed renewal application shall be submitted to the department of commerce and consumer affairs on or before the commission prescribed deadline prior to the expiration date of the license. All real estate licenses expire on December 31 of an even-numbered year. Failure, neglect, or refusal of any duly licensed real estate broker or real estate salesperson to pay the biennial renewal fee and to submit a completed renewal application shall constitute a forfeiture of the license as of January 1 of the subsequent odd-numbered year.
(c)
The forfeited license of an individual real estate broker or real estate
salesperson may be restored [upon approval of a completed application;
payment of the delinquent fees and the penalty fees as provided in the rules
adopted by the director of commerce and consumer affairs pursuant to chapter 91;]
upon compliance with the licensing renewal requirements provided by law and
upon complete written application and payment of all applicable renewal fees,
penalty fees, compliance resolution fund fees, and, if applicable, recovery
fund assessments; satisfaction of the applicable requirements in sections
467-8[,] and 467-9, [467-9.5,] and submission of written
documentation demonstrating compliance with section 467‑11.5; and [prior
to submission of the completed application; and], for individual
licensees, satisfaction of one of the following as applicable:
(1) For a license forfeited for more than one year but less than four years, the successful completion of the commission-approved course or courses or passage of the commission-approved examination; or
(2) For a license forfeited for more than four years[,]
but less than five years, the successful passage of the
commission-approved examination.
(d) The license of any individual licensed as a real estate broker or a real estate salesperson who fails to apply for restoration of a forfeited license within five years from the date of forfeiture shall be automatically terminated. If an individual whose license has been terminated desires to practice real estate again, the individual shall apply for a new salesperson license pursuant to and subject to all applicable laws and rules in effect at the time of that application.
(e) The license of any real estate broker, that is not a natural person and that fails to apply for restoration of a forfeited license within one year from the date of forfeiture, shall be automatically terminated. If an entity with a terminated real estate broker license desires to practice real estate again, the entity shall be required to apply for a new license pursuant to and subject to all applicable laws and rules in effect at the time of that application.
[(c)]
(f) A real estate broker or real estate salesperson may place that
person's license on an inactive status by filing an application and setting
forth such information as may be prescribed or required by the commission, and
such license shall be renewed on or before the commission prescribed deadline
prior to the expiration date of the license by payment of the biennial renewal
fee and submission of a completed renewal application. A real estate
broker or real estate salesperson may reactivate that person's inactive license
by satisfying section 467-11.5, filing an application, and setting forth such
information as may be prescribed or required by the commission, and paying the
proper fee.
[(d)]
(g) The commission may refund any fee erroneously paid to it under this
section when the commission deems it just and equitable.
[(e)]
(h) If beginning on July 1, 1987, the education fund balance at the end
of any fiscal biennium exceeds $1,200,000, there shall be a moratorium on such
renewal contributions and the commission shall review and consider a reduction
in the same amount in license fees."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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BY REQUEST |
Report Title:
Restoration Time Limits; Forfeited Licenses; Chiropractic Examiners; Individual Real Estate Brokers and Salespersons
Description:
Establishes times limits to restore forfeited chiropractic examiner licenses and individual real estate broker and salesperson licenses.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
