Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Consumer Protection and Commerce, to which was referred S.B. No. 2727, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this bill is to clarify that chapter 436B, Hawaii Revised Statutes, the Uniform Professional and Vocational Licensing Act (Act), shall apply whenever both the statutory laws and the administrative rules of the respective profession or vocation are silent.

Testimony in support of this measure was received from the Department of Commerce and Consumer Affairs.

Your Committee finds that the Act provides uniformity among licensing statutes in areas that are fundamental and common to the licensing process and applies only when a specific profession's or vocation's licensing law is silent.

However, the Act fails to mention administrative rules, which may also establish professional and vocational regulatory requirements. This omission has led to confusion as to whether administrative rules pertaining to a specific profession or vocation prevail over the Act.

This measure clarifies the law by specifying that the administrative rules of a profession or vocation also prevail over the general provisions of the Act.

As affirmed by the record of votes of the members of your Committee on Consumer Protection and Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2727, S.D. 1, and recommends that it pass Second Reading and be placed on the calendar for Third Reading.