Bill Text: HI HB953 | 2010 | Regular Session | Introduced

Hawaii House Bill 953 (Prior Session Legislation)

Introduced

Bill Title: Real Estate Licenses; Revocation

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB953 Detail]

Download: Hawaii-2010-HB953-Introduced.html

Report Title:

Real Estate Licenses; Revocation

Description:

Adds additional notice requirements for license revocation or suspension hearings for real estate brokers and salespersons.

HOUSE OF REPRESENTATIVES	H.B. NO.	953
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO REAL ESTATE LICENSES.

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

SECTION 1. Section 467-15, Hawaii Revised Statutes, is amended to read as follows:

"§467-15 Hearings. (a) In every case where it is proposed to revoke or suspend the exercise of any license, fine any person holding a license, registration, or certificate, terminate any registration or certificate, or take any other action authorized by law, for any of the causes enumerated in section 467-14, the person concerned shall be given notice and hearing in conformity with chapter 91[.]; provided that in cases of conflict, the notice and hearing requirements of chapter 91 shall be superseded by subsection (b).

(b) In addition to and superseding the notice and hearing requirements of chapter 91, the person concerned shall be given:

(1) Timely and certified notice that a complaint has been filed that will be considered by the commission for revocation;

(2) Not less than thirty days to respond to the complaint after notification is received;

(3) A description of the nature of the hearings process and the time period before which a decision will be made on the matter; and

(4) Timely and certified notice of the outcome.

(c) In all proceedings before it, the commission and each member thereof shall have the same powers respecting administering oaths, compelling the attendance of witnesses and the production of documentary evidence, and examining witnesses, as are possessed by circuit courts. In cases of disobedience by any person of any order of the commission, or any member thereof, or of any subpoena issued by it, or the member, or the refusal of any witness to testify to any matter to which the witness may be questioned lawfully, any circuit judge, on application by the commission, or a member thereof, shall compel obedience as in the case of disobedience of the requirements of a subpoena issued by a circuit court, or a refusal to testify therein."

SECTION 2. This Act shall apply to every complaint pending with the real estate commission for which notice had not been provided to the licensee prior to its effective date.

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

SECTION 4. This Act shall take effect on July 1, 2009.