HAR §16-77-63. Alternatives in lieu of revocation or suspension

(a) Failure of any licensee, including RMEs, to comply with any provision of chapter 444, HRS, or this chapter shall be grounds for suspension, revocation, or refusal to renew the license. The board may, in its discretion and in lieu of suspension, revocation, or non-renewal of license, impose a bond, fine, or other condition acceptable to all interested parties. (b) To reinstate a license which was under suspension, the licensee may, in addition to meeting any conditions imposed for reinstatement, be required to show proof of workers' compensation, liability, and property damage insurance, submit a current financial statement, credit report, tax clearance, and as added proof of financial integrity, a bond in an amount to be determined by the board. [Eff 8/14/80; am and ren §16-77-63, 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 §§444-11, 444-16.5, 444-17) 77-22 §16-77-64 §16-77-64 Notice due board on death, dissociation, or disability of RME; forfeiture of license. (a) A contracting entity who qualified for licensure by employment of an RME shall within sixty days after the death, dissociation, or disability of the RME, notify the board of the death, dissociation, or disability of the RME. The contracting entity shall submit an application to qualify a new RME or place its license on inactive status within ninety days of the death, dissociation, or disability of the RME. The contracting entity may continue to operate until the board makes a final determination upon its timely application to qualify a new RME; provided that the entity may not bid upon or enter into new contracts until the board's determination is made. (b) "Disability" includes any situation in which the direct management of the licensed contracting entity's business is no longer under the control of the principal RME or when a subordinate RME is unable to be responsible for all construction activities relating to the license classifications held by the subordinate RME. (c) Failure of the contracting entity to notify the board of the death, dissociation, or disability of the RME within the sixty-day period shall result in the license being automatically forfeited without a hearing. The license may be restored when the contracting entity employs another licensed individual as the contracting entity's RME and the entity files a new application with the board. (d) Failure of the contracting entity to submit an application for a new principal RME within ninety days of the death, dissociation, or disability, and to qualify a new principal RME within the time period allowed by the board shall result in the automatic forfeiture of the contracting entity's license without a hearing. (e) Contracting entities shall not bid or enter into contracts without having a principal RME in its employ who has direct management of the contracting business. (f) An RME who dissociates from the contracting entity shall notify the board within sixty days of the dissociation. The RME shall, within ninety days of the dissociation: (1) Apply to become a contracting entity by submitting a current financial statement, fees, tax clearance or proof of payment arrangement, credit report, and required insurance; (2) Obtain employment with another contracting entity which shall submit a proper application thereof; or (3) Place the license on an inactive status. (g) Failure of the RME to complete one of the three actions in subsection (f) within ninety days of the dissociation shall cause the automatic forfeiture of the license without a hearing. [Eff 8/14/80; am and ren §16-77-64, 6/22/81; am and comp 11/7/83; am and comp 4/14/88; am and comp 12/9/02; am and 77-23 §16-77-64 comp 4/15/04] (Auth: HRS §444-4) (Imp: HRS §§444-4, 444-11, 444-11.1, 444-12, 444-15, 444-16, 444-21)