(a) In addition to any other acts or conditions provided by law, the director may refuse to renew, reinstate, or restore, and may deny, revoke, suspend, or condition in any manner, any license for any one or more of the following acts or conditions on the part of a licensee or license applicant:

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Terms Used In Hawaii Revised Statutes 453D-12

  • Dependent: A person dependent for support upon another.
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 453D-1
  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
(1) Failing to meet or maintain the conditions and requirements necessary to qualify for the granting of a license;
(2) Engaging in false, fraudulent, or deceptive advertising, or making untruthful or improbable statements;
(3) Being addicted to, dependent on, or a habitual user of a narcotic, barbiturate, amphetamine, hallucinogen, opium, cocaine, or other drugs or derivatives of a similar nature;
(4) Practicing the licensed profession while impaired by alcohol, drugs, physical disability, or mental instability;
(5) Procuring a license through fraud, misrepresentation, or deceit;
(6) Aiding and abetting an unlicensed person to directly or indirectly perform activities requiring a license;
(7) Professional misconduct, incompetence, gross negligence, or manifest incapacity, in the practice of the licensed profession;
(8) Engaging in conduct or practice contrary to recognized standards of ethics for the licensed profession;
(9) Violating any condition or limitation upon which a conditional or temporary license was issued;
(10) Engaging in business under a past or present license issued pursuant to the licensing laws, in a manner causing injury to one or more members of the public;
(11) Failing to comply with, observe, or adhere to any law in a manner such that the director deems the applicant or holder to be an unfit or improper person to hold a license;
(12) Having had a license revoked or suspended, or having been the subject of other disciplinary action, by another state or a federal agency for any reason provided by the licensing laws or this section;
(13) Having been convicted of a crime, whether by nolo contendere or otherwise, directly related to the qualifications, functions, or duties of the licensed profession;
(14) Failing to report in writing to the director any disciplinary decision issued against the licensee or applicant in another jurisdiction within thirty days of the disciplinary decision;
(15) Employing, utilizing, or attempting to employ or utilize, at any time, any person not licensed under the licensing laws where licensure is required; or
(16) Violating this chapter, chapter 436B, or any rule or order of the director.
(b) Any licensee or applicant who violates this section may also be fined not more than $1,000 per violation.

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