Bill Text: HI SB438 | 2023 | Regular Session | Introduced
Bill Title: Relating To Professional And Vocational Licensing.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2023-04-20 - Act 021, 04/19/2023 (Gov. Msg. No. 1121). [SB438 Detail]
Download: Hawaii-2023-SB438-Introduced.html
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THE SENATE |
S.B. NO. |
438 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to professional and vocational licensing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 436B-9, Hawaii Revised Statutes, is amended to read as follows:
"§436B-9 Action on applications; abandoned applications. (a) Unless otherwise provided by law, each licensing authority shall take the following actions within one year after the filing of a complete application for licensure:
(1) If it deems appropriate, conduct an investigation of the applicant; and
(2) Notify the applicant in writing by mail
of the decision regarding the application for licensure[.] addressed to
the applicant's last address on file with the licensing authority. If the application has been denied, written
notice of the decision shall state specifically the reason for denying the
application and shall inform the applicant of the right to a hearing under
chapter 91.
(b) An [application]
applicant whose application for license is incomplete shall be
considered to [be]
have abandoned the
application
if [an applicant fails to provide evidence of continued efforts to
complete the licensing process for two consecutive years; provided that the
failure to provide evidence of continued efforts includes but is not limited
to:
(1) Failure to submit the required
documents and other information requested by the licensing authority within two
consecutive years from the last date the documents or other information were
requested; or
(2) Failure to provide the licensing
authority with any written communication during two consecutive years
indicating that the applicant is attempting to complete the licensing process,
including but not limited to attempting to complete the examination requirement;
and
provided
further that the licensing authority may extend the above time periods by
rule. The licensing authority shall not
be required to act on any abandoned application, and the application may be
destroyed by the licensing authority or its delegate. If the application is deemed abandoned by the
licensing authority, the applicant shall be required to reapply for licensure
and comply with the licensing requirements in effect at the time of reapplication.]:
(1) The licensing authority mails a
written notice to the applicant, addressed to the applicant's last address on
file with the licensing authority, notifying the applicant that the application
is incomplete; and
(2) The applicant fails to submit all
required documents, data, and information to the licensing authority within one
year from the date of the licensing authority's written notice to the applicant.
(c) An applicant whose application for
examination has been approved shall be considered to have abandoned the
application if:
(1) The licensing authority mails a
written notice to the applicant, addressed to the applicant's last address on
file with the licensing authority, notifying the applicant that the applicant's
application for examination has been approved; and
(2) The applicant fails to take the
examination within one year from the date of the licensing authority's written
notice to the applicant.
(d) If the licensing authority rejects an
applicant's application for examination on the basis that the application is
deficient, the licensing authority shall mail a written notice to the
applicant, addressed to the applicant's last address on file with the licensing
authority, notifying the applicant of the rejection. An applicant whose application for
examination has been rejected shall be considered to have abandoned the
application if the applicant fails to:
(1) Within one year from the date of the
licensing authority's written notice of rejection, submit evidence that all deficiencies
specified in the licensing authority's written notice have been corrected; and
(2) Take the examination within a
one-year period from the date of the licensing authority's written notice to
the applicant that the applicant is eligible to take the examination.
(e) Submission of additional data, requests for
reconsideration or re-evaluation, or other inquiries or statements involving an
application shall not extend the respective time periods specified in
subsections (b), (c), and (d).
(f) The licensing authority shall not be required to act on any abandoned application, and the abandoned application may be destroyed by the licensing authority or its delegate. An application submitted subsequent to an abandoned application shall be treated as a new application. The applicant shall comply with all applicable licensing requirements in effect at the time the new application is submitted."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Professional and Vocational Licensing; Application for Licensure; Application for Examination; Abandonment
Description:
Reduces the period for which an application shall be considered abandoned from two years to one year. Specifies the conditions under which applications for licenses and examinations will be deemed abandoned. Provides that the one-year period after which an application is considered abandoned cannot be extended. Provides that a licensing authority shall not be required to act on any abandoned application and that the licensing authority may destroy abandoned applications. Clarifies that an application submitted after an abandoned application shall be treated as a new application and that the applicant shall comply with any new licensing requirements in effect at the time of the new application.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
