HAR §16-77-10. Supporting documents required

(a) Every applicant shall furnish the following supporting documents: (1) A minimum of three notarized letters certifying the individual's or RME's history of honesty, truthfulness, financial integrity, and fair dealing, and experience qualifications in the classification(s) applied for; (2) A current credit report covering at least the previous five years of each individual applicant, RME, member of a joint venture, partner of a partnership, manager or member of a limited liability company, and each officer of a corporate entity unless the stock of that corporate entity is publicly traded in which case the requirements in paragraph (3) shall apply; (3) Corporate entities that are publicly traded shall, at a minimum, provide the following: (A) Current credit reports of its RME(s); (B) A copy of the prospectus currently filed with the SEC; (C) If available, a copy of the current Standard and Poors, Dun and Bradstreet, or other similar board-approved credit rating report on the corporation; (D) Copies of any proxy statements prepared in the last five years under the requirements of section 14 of the Securities and Exchange Act of 1934, as amended; and (E) If the corporate entity has been publicly traded for: (i) At least five years, the corporate entity shall provide copies of the Form 10-Ks filed within the last five years with the SEC pursuant to section 13 or 15(d) of the Securities and Exchange Act of 1934, as amended; or 77-8 §16-77-8 (ii) Less than five years, the corporate entity shall provide copies of the Form 10-Ks currently filed with the SEC; provided that if the corporate entity meets all the other licensing requirements under this chapter and chapter 444, HRS, the corporate entity may be issued a conditional license under section 16-77-24 with the condition that, at a minimum, it continue to provide copies of its future Form 10-Ks filed with the SEC so that the board has at least five years of Form 10-Ks on file. (b) In addition to the requirements of subsection (a), every applicant, except an RME, shall be required to furnish the board with: (1) A current financial statement prepared and signed by a holder of a certificate of certified public accountant or a registered public accountant in the form prescribed by the board; (2) A current state tax clearance or current proof of payment arrangement from the department of taxation; (3) In the case of an applicant who is: (A) A corporation or limited liability company organized and existing under the laws of the State, a file-stamped copy of the articles of incorporation or articles of organization, respectively, on file with the department's business registration division; (B) A foreign corporation, a file-stamped copy of the certificate of authority on file with the department's business registration division; and (C) A domestic or foreign partnership, a copy of the registration statement on file with the department's business registration division. (4) A copy of a workers' compensation certificate from an insurer authorized to conduct business in this State that indicates that the policy is in force; or proof that the person has been authorized to act as a self-insurer under chapter 386, HRS, or is excluded from the requirements of chapter 386, HRS. The board shall be notified of any cancellation, termination, or withdrawal of any policy. Applicants claiming an exclusion under chapter 386, HRS, shall submit and sign a statement claiming such exclusion to the board; (5) A certificate of insurance from an insurance company or agency authorized to conduct business in this State, an unauthorized insurer in accordance with article 8 of chapter 431, HRS, or a risk retention or risk purchasing group in accordance with chapter 431K, HRS, 77-9 §16-77-8 showing full policy coverage of the applicant for liability and property damage insurance with the following minimum limits of liability: Bodily injury liability $100,000 each person $300,000 each occurrence Property damage liability $ 50,000 each occurrence; and (6) Any surety bond imposed by the board. (c) The supporting documents required by subsections (a) and (b) (1), (2), and (3) shall be provided with the application, and the documents required by subsections (b)(4), (5), and 6 may be submitted any time prior to issuance of a license. (d) In the event of any change on these documents at any time, the applicant shall notify the board in writing within thirty days of any change of information. [Eff 8/14/80; am and ren §16-77-10, 6/22/81; am and comp 11/7/83; am and comp 4/14/88; am and comp 12/9/02; comp 4/15/04] (Auth: HRS §444-4) (Imp: HRS §§444-9, 444-11, 444-12)