HAR §16-99-113
HAR §16-99-113. Advertising
Cite as Haw. Code R. § 16-99-113
(a) For purposes of this subchapter, "advertising"
means an announcement by a continuing education provider for the purpose of
promoting itself as a provider or for soliciting students and includes, but is not
limited to, all printed and visual communications, such as newspaper
advertisements, direct public mailings, books and periodicals, television and radio
commercials, and others.
(b)
All advertisements soliciting students shall be of an announcement
type listing, and minimally, include the name and address of the continuing
education provider, the place where a catalogue or brochure may be obtained, a brief
description of the course, a statement that the course can be used for satisfying
continuing education requirements, and the number of course hours approved for
continuing education.
(c)
A continuing education provider shall keep on file at its place of
business all advertising materials, subject to inspection and review by the
commission upon written request.
(d)
A continuing education provider shall not be advertised or be
represented as having been "registered" with the commission until the provider has
received written notification of its registration from the commission.
(e)
All advertising materials and claims shall be free from
misrepresentation and fraud.
§16-99-114
99-59
(f)
The commission, at any time, may require that a continuing
education provider furnish proof of any of its advertising claims. Retractions of
advertising claims may be ordered by the commission, with the retractions
published in the same manner as the claims themselves.
(g)
A continuing education provider shall be held strictly responsible for
the acts and promises of its agents who solicit students. [Eff and comp 2/25/91; am
and comp 5/21/01; comp 12/19/16] (Auth: HRS §§467-4, 467-4.5, 467-11.5) (Imp:
HRS §§467-4.5, 467-11.5)