Hawaii Administrative Rules
Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Chapter 114 - REAL ESTATE APPRAISERS
Subchapter 16 - UNAUTHORIZED PRACTICE AS AN APPRAISER
Section 16-114-116 - Civil and criminal sanctions for unauthorized activity; fines; injunctive relief; damages

Universal Citation: HI Admin Rules 16-114-116

Current through August, 2024

(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.

The amended version of this section by Hawaii Administrative Rules Listing of Filings, 2016-01, November, eff. 11/27/2016 is not yet available.

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