§460J-15 Revocation, suspension, and refusal of renewal of licenses; prohibition against certain offenses, etc.

682 words·~3 min read·/hi/460j-15

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In addition to any other actions authorized by law, the board may revoke, suspend, or refuse to renew any license issued hereunder, for any cause authorized by law, including but not limited to the following:

(1)Departure from, or disregard of, plans or specifications in the performance of pest control work in any material respect, without consent of the owner or the owner's authorized representative;

(2)Violation of any law or rule of the State or any county relating to building, pesticide use, safety, or labor, where the law or rule has a rational relationship to the qualifications, functions, duties, or responsibilities of the pest control operator, including but not limited to a violation of the Hawaii pesticides law;

(3)Misrepresentation of a material fact by the applicant in obtaining a license;

(4)Failure on the part of a licensee to complete any operation for the price stated in the contract or in any agreed upon modification to the contract;

(5)Failure to comply with this chapter, or any rule adopted by the board, or the furnishing of a report of inspection without the making of a bona fide inspection of the premises for termites;

(6)The commission of any grossly negligent or fraudulent act by the licensee as an operator;

(7)The negligent handling or use of any poisonous exterminating agent without regard to public safety;

(8)Fraud or misrepresentation, after inspection, by any licensee engaged in pest control work relating to any infestation or infection of termites found in property or structures, or respecting any conditions of the structure that would ordinarily subject structures to attack by termites whether or not a report was made pursuant to sections 460J-19 and 460J-20;

(9)Failure of an operator to make and keep all inspection reports, contracts, documents, and records, other than financial records, for a period of not less than two years after completion of any work or operation for the control of termites;

(10)Wilful failure to pay when due a debt incurred for services or materials rendered or purchased in connection with the operator's operations as an operator when the operator has the ability to pay or when the operator has received sufficient funds therefor as payment for the particular operation for which the services or materials were rendered or purchased;

(11)The false denial of any debt due or the validity of the claim therefor with intent to secure for the licensee, the licensee's employer, or other person, any discount of the debt or with intent to hinder, delay, or defraud the person to whom the debt is due;

(12)Failure to secure or maintain liability insurance or workers' compensation insurance when not authorized to act as a self-insurer under chapter 386, or when not excluded from the requirements of chapter 386; or

(13)Knowingly entering into a contract with an unlicensed operator involving work or activity for the performance of which licensing is required under this chapter.

(b)During a period of disciplinary sanction, a person shall be prohibited from serving as an officer, director, associate, partner, or responsible managing employee of a licensee under the following circumstances:

(1)The person's license has been revoked and the person has not been granted a new license;

(2)The person's license is under suspension; or

(3)The person has been a member, officer, director, associate, or responsible managing employee of any partnership, corporation, firm, or association whose license is revoked or is under suspension, and while acting as such a member, officer, director, associate, or responsible managing employee, the person had knowledge of or participated in any of the prohibited acts for which the license was suspended or revoked. [L 1972, c 134, pt of §1; am L 1974, c 205, §2(21); am L 1975, c 41, §1; am L 1980, c 125, §1; gen ch 1985; am L 1992, c 202, §133; am L 1993, c 74, §5; am L 1997, c 84, §5; am L 2004, c 7, §1 and c 175, §3]