HAR §16-85-116. Summary suspension

(a) Notwithstanding any law to the contrary, the board or the board’s delegate may cause the immediate suspension or restriction of a license or certificate, subject to subsequent notice and hearing or other adequate procedures, upon a specific determination that the failure to take such an action may result in: (1) An immediate and unreasonable threat to personal safety; or (2) Fraud or misrepresentation upon consumers, and that, for the protection of the public from the possible consequences of 85-38 §16-85-117 practices, the licensee’s license or certificate holder’s certification should be immediately suspended or restricted. (b) The board or the board’s delegate may order the summary suspension of the license or certificate for a period not to exceed twenty days. The order of suspension shall be served upon the licensee or certificate holder at the same time as the notice of hearing for disciplinary action, and the hearing shall be scheduled prior to the expiration of the order of suspension. The period of suspension prior to the hearing shall not be extended beyond twenty days except upon request of the licensee or certificate holder for a reasonable continuance to adequately prepare the licensee’s or certificate holder’s defense. Any attempt by the licensee or certificate holder to continue the licensed activity while the license or certificate has been summarily suspended shall of itself be sufficient to warrant a permanent revocation of the license or certificate and shall subject the licensee or certificate holder to all penalties prescribed by this chapter, the applicable licensing laws, or any rule or order of the board. [Eff and comp 12/22/97] (Auth: HRS §§453-5.1, 453-33, 463E-12, 436B-4) (Imp: HRS §436B-23) §16-85-117 Civil and criminal sanctions for unlicensed or uncertified activity; fines; injunctive relief; damages; forfeiture. (a) Any licensee or certificate holder aiding or abetting an unlicensed or uncertified person to directly or indirectly evade this chapter or the applicable licensing laws, or combining or conspiring with an unlicensed or uncertified person, or permitting one’s license or certificate to be used by 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 or the applicable laws may be fined up to $1,000 for the first offense; up to $2,000 or, if applicable, forty per cent of the total contract price, whichever is greater, for the second offense; and up to $5,000 or, if applicable, forty per cent of the total contract price, whichever is greater, for any subsequent offense. For purposes of this section, "contract price" means the total monetary consideration offered by the consumer for the provision of goods and services. (b) Any person, who engages in an activity requiring a license or certificate issued by the board and who fails to obtain the required license or certificate, or who uses any word, title, or representation to induce the false belief that the person is licensed or certified to engage in the activity, other than a circumstance of first instance involving the inadvertent failure to renew a previously existing license or certificate, shall be guilty of a misdemeanor and be subject to a fine of not more than $1,000 or imprisoned not more than one year, or both, and each day’s violation shall be deemed a separate offense. 85-39 §16-85-117 (c) The board or any person 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 board may also seek the imposition of fines provided by subsection (a). The plaintiff or petitioner in a suit for an injunction need not allege or prove actual damages to prevail. Reasonable attorney fees and costs shall be allowed by the court to the plaintiff or petitioner as the prevailing party. (d) All tools, implements, armamentariums, documents, materials, or any other property used by any person to provide professional services without a license or certificate required by law shall be declared forfeited to the State by the court and turned over to the department of commerce and consumer affairs for disposition as it deems appropriate. [Eff and comp 12/22/97] (Auth: HRS §§453­ 5.1, 453-33, 463E-12, 436B-4) (Imp: HRS §§453-5.3, 453-33, 436B-28)