HAR §16-114-115. No compensation for unauthorized activity; civil action

The failure of any person to maintain a current and valid license or certificate prior to engaging in any activity requiring licensure or certification by the director shall prevent such person from recovering in a civil action for work or services performed on a contract or on any legal basis to recover the reasonable value thereof. [Eff 3/11/91; comp 9/23/91; comp 4/17/98; comp 1/10/09; comp 8/27/12] (Auth: HRS §466K-3) (Imp: HRS §466K-3) §16-114-116 Civil and criminal sanctions for unauthorized activity; fines; injunctive relief; damages. (a) Any licensee or certificate holder aiding or abetting an unlicensed or uncertified person to directly or indirectly evade chapter 466K, HRS, or this chapter, or knowingly combining or conspiring with an unlicensed or uncertified person, or acting as agent, partner, associate, or otherwise, of an unlicensed or uncertified person with the intent to evade this chapter may be fined $1,000. (b) Any person, who engages in an activity requiring an appraiser's license or certificate issued by the director and who fails to obtain the required license or certificate, or who uses any work, title, or representation to induce 114-37 §16-114-116 the false belief that the person is licensed or certified to engage in said activity, shall be guilty of a misdemeanor and shall be subject to a fine of not more than $1,000 or imprisoned not more than one year, or both, and each day of violation shall be deemed a separate offense. (c) The department or director may maintain a suit to enjoin the performance or the continuance of any act or acts by a person acting without a license or certificate where a license or certificate is required by law, and if injured thereby, for the recovery of damages. The department or director may also seek the imposition of fines provided by subsection (a). It shall not be necessary that actual damages to the plaintiff or petitioner be alleged or proved. Reasonable attorney's fees and costs shall be allowed by the court to the plaintiff or petitioner as the prevailing party. [Eff 3/11/91; comp 9/23/91; am and comp 4/17/98; comp 1/10/09; comp 8/27/12] (Auth: HRS §466K-3) (Imp: HRS §466K-3)