Haw. Code R. § 16-114-116 - Civil and criminal sanctions for unauthorized activity; fines; injunctive relief; damages
(a) Any licensee or
certificate holder aiding or abetting an unlicensed or uncertified person to
directly or indirectly evade chapter 466K, HRS, or this chapter, or knowingly
combining or conspiring with an unlicensed or uncertified person, or acting as
agent, partner, associate, or otherwise, of an unlicensed or uncertified person
with the intent to evade this chapter may be fined $1,000.
(b) Any person, who engages in an activity
requiring an appraiser 's license or certificate issued by the director and who
fails to obtain the required license or certificate, or who uses any work,
title, or representation to induce the false belief that the person is licensed
or certified to engage in said activity, shall be guilty of a misdemeanor and
shall be subject to a fine of not more than $1,000 or imprisoned not more than
one year, or both, and each day of violation shall be deemed a separate
offense.
(c) The department or
director may maintain a suit to enjoin the performance or the continuance of
any act or acts by a person acting without a license or certificate where a
license or certificate is required by law, and if injured thereby, for the
recovery of damages. The department or director may also seek the imposition of
fines provided by subsection (a). It shall not be necessary that actual damages
to the plaintiff or petitioner be alleged or proved. Reasonable attorney's fees
and costs shall be allowed by the court to the plaintiff or petitioner as the
prevailing party.
Notes
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