Haw. Code R. § 16-77-64 - Notice due board on death, dissociation, or disability of RME; forfeiture of license
(a) A contracting
entity who qualified for licensure by employment of an RME shall within sixty
days after the death, dissociation, or disability of the RME, notify the board
of the death, dissociation, or disability of the RME. The contracting entity
shall submit an application to qualify a new RME or place its license on
inactive status within ninety days of the death, dissociation, or disability of
the RME. The contracting entity may continue to operate until the board makes a
final determination upon its timely application to qualify a new RME; provided
that the entity may not bid upon or enter into new contracts until the board's
determination is made.
(b)
"Disability" includes any situation in which the direct management of the
licensed contracting entity's business is no longer under the control of the
principal RME or when a subordinate RME is unable to be responsible for all
construction activities relating to the license classifications held by the
subordinate RME.
(c) Failure of the
contracting entity to notify the board of the death, dissociation, or
disability of the RME within the sixty-day period shall result in the license
being automatically forfeited without a hearing. The license may be restored
when the contracting entity employs another licensed individual as the
contracting entity's RME and the entity files a new application with the
board.
(d) Failure of the
contracting entity to submit an application for a new principal RME within
ninety days of the death, dissociation, or disability, and to qualify a new
principal RME within the time period allowed by the board shall result in the
automatic forfeiture of the contracting entity's license without a
hearing.
(e) Contracting entities
shall not bid or enter into contracts without having a principal RME in its
employ who has direct management of the contracting business.
(f) An RME who dissociates from the
contracting entity shall notify the board within sixty days of the
dissociation. The RME shall, within ninety days of the dissociation:
(1) Apply to become a contracting entity by
submitting a current financial statement, fees, tax clearance or proof of
payment arrangement, credit report, and required insurance;
(2) Obtain employment with another
contracting entity which shall submit a proper application thereof;
or
(3) Place the license on an
inactive status.
(g)
Failure of the RME to complete one of the three actions in subsection (f)
within ninety days of the dissociation shall cause the automatic forfeiture of
the license without a hearing.
Notes
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