Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection and Housing, to which was referred H.B. No. 2418 entitled:

begs leave to report as follows:

The purpose of this measure is to clarify that an application for a professional or vocational license is deemed abandoned when an applicant fails to provide evidence of continued efforts to complete the licensing process for two years.

This measure also requires an applicant to reapply for licensure and comply with all applicable licensing requirements in order to obtain a valid professional or vocational license after an application is deemed abandoned.

The Department of Commerce and Consumer Affairs (DCCA) submitted testimony in support of this measure.

Currently, the DCCA has the authority to determine that an application for a professional or vocational license has been abandoned. Your Committee finds that some applicants fail to make any efforts to correct deficiencies in their applications within two-years after beginning the process. However, there have been occasions where applicants have challenged determinations of abandonment because the law does not explicitly require applicants to attempt to cure deficiencies in their applications prior to a determination of abandonment.

Your Committee determines that improved regulation of the licensing process will be achieved through clarification of the law with regard to the time limit for completing the licensing process, the requirements for curing a deficient application, and the procedure for reapplication after abandonment has been determined. As a result, such clarification provides a reasonable and definite time period within which an application must be completed and guidelines for determining what constitutes continued efforts to complete the licensing process.

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection and Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2418, and recommends that it pass Second Reading and be placed on the calendar for Third Reading.