| 47 | | - | SECTION 1. Section 464-10, Hawaii Revised Statutes, is amended to read as follows: "§464-10 Licensees; suspension or revocation of licenses; fines; hearings. (a) In addition to any other actions authorized by law, the board may revoke, suspend, or refuse to renew the license of any licensee for any cause authorized by law, including but not limited to fraud or deceit in obtaining the license or gross negligence, incompetency, or misconduct in the practice of the profession, or violating this chapter or the rules of the board. Any person may prefer charges in writing with the executive secretary of the board against any person holding a license. (b) In every case where it is proposed to impose any penalty under [this section,] subsection (a) or (d), the board shall give the licensee concerned notice and hearing in conformity with chapter 91. The notice shall be given in writing by registered or certified mail with return receipt requested at least fifteen days before the hearing. (c) In all proceedings before it[,] regarding the imposition of a penalty under subsection (a) or (d), the board and each member thereof shall have the same powers respecting administering oaths, compelling the attendance of witnesses and the production of documentary evidence, and examining witnesses, as are possessed by circuit courts. In case of disobedience by any person of any order of the board or of any member thereof, or of any subpoena issued by it or by a member, or the refusal of any witness to testify to any matter regarding which the person may be questioned lawfully, any circuit judge, on application by the board or a member thereof, shall compel obedience as in the case of disobedience of the requirements of a subpoena issued by a circuit court, or a refusal to testify therein. (d) Any licensee who violates this chapter or the rules adopted pursuant [thereto] this chapter may also be fined [not] no less than $500 [nor] and no more than $1,000 per violation. Each day of violation or failure to comply shall constitute a separate offense. (e) In addition to any other penalties authorized by this section, the department of commerce and consumer affairs shall revoke the license of any architect who has been, or caused a government employee to be, convicted of a criminal offense involving the acceptance of a bribe. For any license revoked under this subsection, the department of commerce and consumer affairs shall give the licensee concerned notice of the revocation; provided that the notice shall be served by hand delivery or certified mail, marked for restricted delivery; provided further that, if the department of commerce and consumer affairs is unable to serve the notice by hand delivery or certified mail, the department of commerce and consumer affairs may then serve the notice by publication; provided further that service by publication shall be made by publishing once per week for four consecutive weeks in a newspaper that is published in the State and circulated throughout the State a statement identifying the licensee and the reason for the revocation. The licensee may appeal the notice to the office of administrative hearings of the department of commerce and consumer affairs within thirty days of service of the notice; provided that the office of administrative hearings shall only sustain an appeal from a notice of revocation if the office of administrative hearings finds that the notice was based on an erroneous finding of material fact." SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect on July 1, 3000. |
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| 47 | + | SECTION 1. Section 464-10, Hawaii Revised Statutes, is amended to read as follows: "§464-10 Licensees; suspension or revocation of licenses; fines; hearings. (a) In addition to any other actions authorized by law, the board may revoke, suspend, or refuse to renew the license of any licensee for any cause authorized by law, including but not limited to fraud or deceit in obtaining the license or gross negligence, incompetency, or misconduct in the practice of the profession, or violating this chapter or the rules of the board. Any person may prefer charges in writing with the executive secretary of the board against any person holding a license. (b) In every case where it is proposed to impose any penalty under [this section,] subsection (a) or (d), the board shall give the licensee concerned notice and hearing in conformity with chapter 91. The notice shall be given in writing by registered or certified mail with return receipt requested at least fifteen days before the hearing. (c) In all proceedings before it[,] regarding the imposition of a penalty under subsection (a) or (d), the board and each member thereof shall have the same powers respecting administering oaths, compelling the attendance of witnesses and the production of documentary evidence, and examining witnesses, as are possessed by circuit courts. In case of disobedience by any person of any order of the board or of any member thereof, or of any subpoena issued by it or by a member, or the refusal of any witness to testify to any matter regarding which the person may be questioned lawfully, any circuit judge, on application by the board or a member thereof, shall compel obedience as in the case of disobedience of the requirements of a subpoena issued by a circuit court, or a refusal to testify therein. (d) Any licensee who violates this chapter or the rules adopted pursuant thereto may also be fined not less than $500 nor more than $1,000 per violation. Each day of violation or failure to comply shall constitute a separate offense. (e) In addition to any other penalties authorized by this section, the department of commerce and consumer affairs shall revoke the license of any architect who has been, or caused a government employee to be, convicted of a criminal offense involving the acceptance of a bribe. For any license revoked under this subsection, the department of commerce and consumer affairs shall give the licensee concerned notice of the revocation; provided that the notice shall be served by hand delivery or certified mail, marked for restricted delivery; provided further that, if the department of commerce and consumer affairs is unable to serve the notice by hand delivery or certified mail, the department of commerce and consumer affairs may then serve the notice by publication; and provided further that service by publication shall be made by publishing once per week for four consecutive weeks in a newspaper that is published in the State and circulated throughout the State a statement identifying the licensee and the reason for the revocation. The licensee may appeal the notice to the office of administrative hearings of the department of commerce and consumer affairs within thirty days of service of the notice; provided that the office of administrative hearings shall only sustain an appeal from a notice of revocation if the office of administrative hearings finds that the notice was based on an erroneous finding of material fact." SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect on July 1, 2040. |
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