§444-17 Revocation, suspension, and renewal of licenses.

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§444-17 Revocation, suspension, and renewal of licenses. In addition to any other actions authorized by law, the board may revoke any license issued pursuant to this section, or suspend the right of a licensee to use a license, or refuse to renew a license for any cause authorized by law, including:

(1)Any dishonest, fraudulent, or deceitful act as a contractor that causes substantial damage to another;

(2)Engaging in any unfair or deceptive act or practice as prohibited by section 480-2;

(3)Abandonment of any construction project or operation without reasonable or legal excuse;

(4)Wilful diversion of funds or property received for prosecution or completion of a specific construction project or operation, or for a specified purpose in the prosecution or completion of any construction project or operation, and the use thereof for any other purpose;

(5)Wilful departure from, or wilful disregard of plans or specifications in any material respect without consent of the owner or the owner's duly authorized representative, that is prejudicial to a person entitled to have the construction project or operation completed in accordance with those plans and specifications;

(6)Wilful violation of any law of the State, or any county, relating to building, including any violation of any applicable rule of the department of health, or of any applicable safety or labor law;

(7)Failure to make and keep records showing all contracts, documents, records, receipts, and disbursements by a licensee of all the licensee's transactions as a contractor for a period of not less than three years after completion of any construction project or operation to which the records refer or to permit inspection of those records by the board;

(8)When the licensee being a partnership or a joint venture permits any partner, member, or employee of the partnership or joint venture who does not hold a license to have the direct management of the contracting business thereof;

(9)When the licensee being a corporation permits any officer or employee of the corporation who does not hold a license to have the direct management of the contracting business thereof;

(10)Misrepresentation of a material fact by an applicant in obtaining a license;

(11)Failure of a licensee to complete in a material respect any construction project or operation for the agreed price if the failure is without legal excuse;

(12)Wilful failure in any material respect to comply with this chapter or the rules adopted pursuant thereto;

(13)Wilful failure or refusal to prosecute a project or operation to completion with reasonable diligence;

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

(15)The false denial of any debt due or the validity of the claim therefor with intent to secure for a 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;

(16)Failure to secure or maintain workers' compensation insurance, unless the licensee is authorized to act as a self-insurer under chapter 386 or is excluded from the requirements of chapter 386;

(17)Entering into a contract with an unlicensed contractor involving work or activity for the performance of which licensing is required under this chapter;

(18)Performing service on a residential or commercial air conditioner using CFCs without using refrigerant recovery and recycling equipment;

(19)Performing service on any air conditioner after January 1, 1994, without successful completion of an appropriate training course in the recovery and recycling of CFC and HCFC refrigerants, which included instruction in the proper use of refrigerant recovery and recycling equipment that is certified by Underwriters Laboratories, Incorporated;

(20)Violating chapter 342C;

(21)Failure to pay delinquent taxes, interest, and penalties assessed under chapter 237 that relate to the business of contracting, or to comply with the terms of a conditional payment plan with the department of taxation for the payment of such delinquent taxes, interest, and penalties; and

(22)Knowingly or intentionally employing a person to perform work under a contract subject to chapter 104 who is not eligible to work in the United States under federal law. [L 1957, c 305, §1(s 16); am L Sp 1959 2d, c 1, §19; am L 1965, c 36, §1; Supp, §166A-16; HRS §444-17; am L 1969, c 64, §1 and c 163, §3; am L 1974, c 205, §2(12); am L 1975, c 41, §1; gen ch 1985; am L 1989, c 77, §11; am L 1990, c 316, §9; am L 1992, c 202, §69, c 264, §9, and c 269, §4; am L 1995, c 20, §6; am L 1996, c 43, §1; am L 2009, c 145, §1; am L 2010, c 185, §§1, 3]

Attorney General Opinions

Par. (15): Liability to pay moneys into employees' trust funds is within coverage of this paragraph. Att. Gen. Op. 68-7.

Case Notes

A material misrepresentation in violation of paragraph

(10)need not be either fraudulent or intentional. 88 H. 264, 965 P.2d 806 (1998).

Misrepresentation was "material" for purposes of license suspension under paragraph

(10)where contractor's answers on license application regarding past debts and bankruptcy were false, and which, if correctly answered, may have caused contractors license board to request applicant to appear before board, provide additional information, and issue only a conditional license or deny the issuance of a license. 88 H. 264, 965 P.2d 806 (1998).