Haw. Code R. § 16-97-7.1 - Notice due board on death, incapacity, or dissociation of sole proprietor or responsible principal; forfeiture of license

(a) A detective or guard agency owned and operated by a sole proprietor shall within sixty days after the death or incapacity of the sole proprietor make arrangements to close the business and notify the board of the death or incapacity of the sole proprietor. Upon notification, the license for the detective or guard agency owned and operated by the sole proprietor shall be automatically terminated.

(b) A detective or guard agency who qualified for licensure by employment of a responsible principal detective or guard shall within sixty days after the death, incapacity, or dissociation of the responsible principal detective or guard, notify the board of the death, incapacity, or dissociation of the responsible principal detective or guard. The detective or guard agency shall submit an application to qualify a new responsible principal detective or guard or place its license on inactive status within ninety-days of the death, incapacity, or dissociation of the responsible principal detective or guard. The detective or guard agency may continue to operate until the board makes a final determination upon its timely application to qualify a new responsible principal detective or guard; provided that the detective or guard agency may not bid upon or enter into new contracts until the board's determination is made.

(c) "Incapacity" includes any situation in which the direct management of the licensed detective or guard agency's business is no longer under the control of the responsible principal detective or guard, or when a subordinate principal is unable to be responsible for all projects or services relating to the license held.

(d) The failure of the detective or guard agency to notify the board of the death, incapacity, or dissociation of the responsible principal detective or guard within the sixty-day period shall result in the immediate and concurrent suspension of the license. The license shall be suspended until a successor responsible principal detective or guard is appointed and registered with the board. If a successor responsible principal detective or guard is not appointed and registered with the board prior to the end of the current biennium, the license shall be automatically terminated and a new application shall be required to be filed.

Notes

Haw. Code R. § 16-97-7.1

[Eff and comp 3/14/11] (Auth: HRS § 463-3) (Imp: HRS §§ 463-5, 463-7)