Haw. Code R. § 16-97-46 - Grounds for suspension, revocation, and refusal to renew a license

Current through February, 2022

Failure of any licensee to comply with chapter 463, HRS, or this chapter shall be grounds for suspension, revocation, or refusal to renew the license after a hearing, pursuant to chapter 16-201. In addition, the following shall be grounds for suspension, revocation, or refusal to renew the license:

(1) Any dishonest, fraudulent, or deceitful activity which causes substantial damage to a licensee's client;
(2) Unfair or deceptive acts or practices as prohibited by section 480-2, HRS;
(3) The abandonment of a contract or project without a reasonable or legal excuse;
(4) The diversion, misappropriation, conversion, or concealment of a client's funds or property;
(5) Conviction in any jurisdiction of a crime which reflects unfavorably on the fitness of the licensee to engage in the profession, provided the sentence has not been annulled or expunged by court order and provided that licensees may present evidence to the board as to why any conviction of a crime should not be the basis for suspension, revocation, or refusal to renew a license;
(6) Failure to keep proper business records of a client's account or to maintain possession and custody of property entrusted to a licensee by a client;
(7) Advertising by means of false and deceptive statements or by statements which tend to deceive or defraud;
(8) Any use by an agency of an unlicensed person to directly manage the agency;
(9) Impersonation of a police officer or member of any law enforcement agency by the licensee or licensee's employee;
(10) Misrepresentation of any material fact in connection with the submission of employee registration information to the board;
(11) Failure to maintain a current surety bond as required under section 463-12, HRS;
(12) Misrepresentation of a material fact by an applicant in obtaining a license;
(13) Providing false information to a client with respect to any surveillance or security project;
(14) Misrepresenting a material fact, on any investigative, surveillance, or security report;
(15) Soliciting business for an attorney or law firm;
(16) Failure to submit a completed license renewal application form when due;
(17) Engaging in any illegal or unlawful conduct which reflects unfavorably on the fitness of the licensee to engage in the profession;
(18) Found to have undergone psychiatric or psychological treatment or if any treatment has been recommended for any psychiatric or psychological disorder which may be detrimental to the profession, provided that licensees may present statements signed by the attending physician, psychologist, or psychiatrist attesting to the licensee's mental and emotional fitness to engage in the profession;
(19) Failing to include the license number on any advertising;
(20) Violation of any law or rule of the federal, State, or any county relating to the carrying of weapons, safety, or labor where the law or rule has a rational relationship to the qualifications, functions, duties, or responsibilities of any guard or detective licensee; or
(21) Failure in any material respect to comply with chapter 463, HRS, or this chapter.


Haw. Code R. § 16-97-46
[Eff and comp 2/18/86; comp 8/25/88; comp 10/23/00; am and comp 3/14/11] (Auth: HRS § 463-3) (Imp: HRS §§ 463-3, 463-15)

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