Report Title:

Contractors; RICO; Complaints

Description:

Requires RICO to investigate complaints regarding those suspected of engaging in activity that requires a contractor's license without proper licensure within five days of the filing of the complaint. Requires the issuance of a citation and abatement if the investigation reveals a violation of the licensing law.

THE SENATE

S.B. NO.

1778

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to contractors.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 444, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§444-   Complaints for unlicensed activity. The investigator shall conduct an investigation within five working days of the receipt of a complaint that alleges a violation of section 444-9."

SECTION 2. Section 444-10.5, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) In addition to any other remedy available, the investigator may issue citations to persons acting in the capacity of or engaging in the business of a contractor within the State, without having a license previously obtained under and in compliance with this chapter and the rules promulgated thereunder. If the investigator determines that a person is acting in the capacity of, or engaging in the business of, a contractor within this State without having a license to so act or engage, the investigator [may] shall issue a citation to such person.

(b) Each citation shall be in writing and shall describe the basis of the citation, including the specific statutory provisions alleged to have been violated, and [may] shall contain an order of abatement, and an assessment of civil penalties as provided in section 444-23. All penalties collected under this section shall be deposited in the special fund established under section 26-9."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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