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 S.B. No. 2893 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 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.

Your Committee finds that under the current law DCCA retains the authority to deem an application to be abandoned. Your Committee further finds that some applicants make no attempts to cure deficiencies in their applications during the two-year period; however, applicants have successfully challenged such determinations of abandonment because the law does not explicitly require applicants to attempt to cure deficiencies in their applications. Your Committee determines that clarification as 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 is necessary to better regulate professional and vocational licensure. Such clarification will eliminate any future confusion by providing a reasonable and definite time period within which an application must be completed and guidelines for determining what constitutes a failure of 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 S.B. No. 2893 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.