Haw. Code R. § 16-85-117 - Civil and criminal sanctions for unlicensed or uncertified activity; fines; injunctive relief; damages; forfeiture
(a) Any licensee or certificate holder aiding
or abetting an unlicensed or uncertified person to directly or indirectly evade
this chapter or the applicable licensing laws, or combining or conspiring with
an unlicensed or uncertified person, or permitting one's license or certificate
to be used by 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 or the applicable laws may be fined up to $1,000 for the
first offense; up to $2,000 or, if applicable, forty per cent of the total
contract price, whichever is greater, for the second offense; and up to $5,000
or, if applicable, forty per cent of the total contract price, whichever is
greater, for any subsequent offense. For purposes of this section, "contract
price" means the total monetary consideration offered by the consumer for the
provision of goods and services.
(b) Any person, who engages in an activity
requiring a license or certificate issued by the board and who fails to obtain
the required license or certificate, or who uses any word, title, or
representation to induce the false belief that the person is licensed or
certified to engage in the activity, other than a circumstance of first
instance involving the inadvertent failure to renew a previously existing
license or certificate, shall be guilty of a misdemeanor and be subject to a
fine of not more than $1,000 or imprisoned not more than one year, or both, and
each day's violation shall be deemed a separate offense.
(c) The board or any person 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
board may also seek the imposition of fines provided by subsection (a). The
plaintiff or petitioner in a suit for an injunction need not allege or prove
actual damages to prevail. Reasonable attorney fees and costs shall be allowed
by the court to the plaintiff or petitioner as the prevailing party.
(d) All tools, implements, armamentariums,
documents, materials, or any other property used by any person to provide
professional services without a license or certificate required by law shall be
declared forfeited to the State by the court and turned over to the department
of commerce and consumer affairs for disposition as it deems
appropriate.
Notes
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