(a) Every employment agency that collects fees from applicants shall have and maintain in full force and effect a bond as required under § 373-4. Failure, refusal, or neglect to maintain a bond in full force and effect shall cause the automatic forfeiture of the license effective as of the date of expiration or cancellation of the bond. The license shall not be restored until a bond as required under § 373-4 is received by the director.
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Terms Used In Hawaii Revised Statutes 373-13.5

  • Applicant: means any person who uses the services of an employment agency to secure employment for that person. See Hawaii Revised Statutes 373-1
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 373-1
  • Employment agency: means any individual, partnership, corporation, or association engaged in the business of providing employment information, procuring employment for applicants, or procuring employees for placement with employers upon request, for a fee or other valuable thing, exacted, charged, or received, but shall not include the United States or the State or instrumentalities thereof. See Hawaii Revised Statutes 373-1
  • Principal agent: means the responsible managing agent who is responsible for managing an employment agency and who is responsible for all business transactions and actions by the agency's employees. See Hawaii Revised Statutes 373-1
(b) Failure to effect a restoration of a forfeited license within sixty days of the forfeiture shall cause the license to remain forfeited. No fees paid shall be refundable. A licensee who fails to restore a license as provided in this section shall apply and pay fees as a new applicant.
(c) The director may assess a fee not to exceed $200 as a condition for the restoration of a license forfeited pursuant to this section.
(d) A licensee, within fifteen calendar days after receipt of notification of the license forfeiture, may request an administrative hearing pursuant to chapter 91 to review the forfeiture.
(e) Every employment agency shall have in its employ a principal agent who is currently licensed under this chapter. The principal agent shall be responsible for the direct management of the employment agency, all business transactions of the employment agency, and all actions by the employees of the employment agency.
(f) No employment agency shall be deemed to have violated any provision of this chapter by acting or assuming to act as an employment agency after the death or dissociation of the principal agent responsible for managing the employment agency; provided that within sixty days from the date of the death or dissociation of the principal agent, the employment agency employs another licensed principal agent or employs an individual who has filed an application for a principal agent license.

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