HAR §16-85-4
HAR §16-85-4. Preliminary review and investigation
Cite as Haw. Code R. § 16-85-4
(a) The board may
delegate to the executive secretary any of the board’s powers the board deems
reasonable and proper. However, the board shall not delegate the board’s powers
and duties to:
(1)
Adopt, amend, or repeal rules;
(2)
Order disciplinary action against a licensee or certificate holder;
and
(3)
Grant, deny, renew, refuse to renew, or otherwise condition a
license or certificate unless the granting, refusal to renew, or
conditioning of a license or certificate does not require the exercise
of the board’s expertise and discretion.
(b)
The executive secretary of the board shall preliminarily review each
application for licensure or certification by endorsement or examination or for a
limited and temporary license or certificate filed with the board, and shall advise
the applicant with regard to proper compliance with the laws and rules governing
the application; provided that nothing in this section shall be construed to limit the
board’s authority and responsibility to ultimately pass upon the applicant’s
qualifications.
(c)
The executive secretary of the board may initiate preliminary
investigations of applicants for license or certificate by endorsement or
examination or for a limited and temporary license or certificate, in conjunction
with the investigatory staff of the department of commerce and consumer affairs.
[Eff and comp 12/22/97] (Auth: HRS §§453-5.1, 453-33, 463E-12) (Imp: HRS
§§453-3, 453-4, 453-31, 463E-6)
Historical note:
Section 16-85-4 is based substantially on repealed sections
16-85-9 and 16-85-10. [Eff 1/27/79; am and ren §§16-85-9, 16-85-10, 6/12/81;
am and comp 7/27/87; am and comp 10/28/89; comp 8/25/90; R 12/22/97]
85-5