HAR §16-97-25
HAR §16-97-25. Forms and instructions
Cite as Haw. Code R. § 16-97-25
An application filed with the board
shall be prepared in accordance with and contain the information called for in the
application form(s) provided by the board and any instructions which may be
required by the board with respect to the filing.
The form(s) may be modified from time to time as required. [Eff 3/9/64;
am 3/9/72; am and ren §16-97-25, 7/30/81; am and comp 2/18/86; comp 8/25/88;
comp 10/23/00; am and comp 3/14/11] (Auth: HRS §463-3) (Imp: HRS §463-9)
§16-97-26
Applications for examination and oral review for private
detective, guard, or agency license. (a) A completed application for examination
and license shall be submitted at least thirty days prior to the next regularly
scheduled board meeting and shall be accompanied by the required fees. The
executive officer of the board may determine the sufficiency of the preliminary
qualifications of applicants for admission to examination.
(b)
Each application for an individual principal private detective or
principal guard license shall include the following:
(1)
Name;
(2)
Social security number;
(3)
Date of birth;
(4)
Current residence and former residences over the last ten years;
(5)
Present and prior occupational history covering ten years including
reason for job changes and dates of employment;
(6)
Education;
(7)
Trade name registration from the business registration division, if
applicable;
(8)
Arrest and conviction history;
(9)
Psychiatric history;
(10)
Proof that the applicant is a United States citizen, a United States
national, or an alien authorized to work in the United States; and
(11)
Any other information the board may reasonably require to
process the application.
(c)
Each agency application, except a sole proprietor, shall identify the
duly registered business entity seeking the license and shall include the following
information and supporting documentation:
97-14
§16-97-26
(1)
In the case of an applicant who is:
(A)
A corporation or limited liability company organized and
existing under the law 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 or a certificate of good standing or
certificate of qualification issued not more than one year
prior to date of the application;
(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.
(2)
Each member of a joint venture, partner of a partnership, manager
or member of a limited liability company, and each officer of a
corporate entity shall provide:
(A)
Identifying information, including name, social security
number, date of birth, current and former residence
addresses over the last ten years;
(B)
Employment information, including business or occupations
engaged in for ten years immediately preceding the date of
filing of the application, names and addresses of employers,
dates of employment, and reasons for change of
employment, business, or occupation; and
(C)
Arrest and conviction history.
(d)
The applicant for a private detective or guard license shall take and
pass an examination and personally appear before the board for an oral review
concerning the applicant's application. The principal for any agency shall appear
before the board for an oral review concerning the agency's application which is
under consideration for a license.
Based upon the oral review and other
information which is before the board, the board may grant or deny the
application for license.
(e)
The general partner, at least one corporate officer, a member of a
joint venture, or a manager or member of a limited liability company listed on the
agency application shall personally appear before the board for an oral review
concerning the application. This requirement may be waived in cases where the
partner, member, manager, or corporate officer has previously appeared before
the board or where their appearance is a hardship due to travel from out-of-state.
97-15
§16-97-26
(f)
The board may approve an application subject to requirements the
applicant shall meet before a license is issued.
(g)
Nothing in this section shall limit the board's authority to
investigate an applicant's character, background, competency, integrity,
experience, and past and future method of doing business as may be deemed
necessary in order to pass upon the applicant's qualifications.
(h)
The applicant shall submit the required bond before a license is
issued. [Eff 3/9/64; am 3/9/72; am and ren §16-97-26, 7/30/81; am and comp
2/18/86; am and comp 8/25/88; am and comp 10/23/00; am and comp 3/14/11]
(Auth: 42 U.S.C.A. SS 666, HRS §§463-3, 436B-10, 576D-13) (Imp: HRS
§§436B-10, 463-3, 463-9)