Hawaii Administrative Rules
Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Chapter 77 - CONTRACTORS
Subchapter 2 - PROCESSING LICENSING APPLICATIONS
Section 16-77-10 - Supporting documents required
Universal Citation: HI Admin Rules 16-77-10
Current through November, 2024
(a) Every applicant shall furnish the following supporting documents:
(1) A minimum of three notarized letters
certifying the individual's or RME's history of honesty, truthfulness,
financial integrity, and fair dealing, and experience qualifications in the
classification(s) applied for;
(2)
A current credit report covering at least the previous five years of each
individual applicant, RME, member of a joint venture, partner of a partnership,
manager or member of a limited liability company, and each officer of a
corporate entity unless the stock of that corporate entity is publicly traded
in which case the requirements in paragraph (3) shall apply;
(3) Corporate entities that are publicly
traded shall, at a minimum, provide the following:
(A) Current credit reports of its
RME(s);
(B) A copy of the
prospectus currently filed with the SEC;
(C) If available, a copy of the current
Standard and Poors, Dun and Bradstreet, or other similar board-approved credit
rating report on the corporation;
(D) Copies of any proxy statements prepared
in the last five years under the requirements of section 14 of the Securities
and Exchange Act of 1934, as amended; and
(E) If the corporate entity has been publicly
traded for:
(i) At least five years, the
corporate entity shall provide copies of the Form 10-Ks filed within the last
five years with the SEC pursuant to section 13 or 15(d) of the Securities and
Exchange Act of 1934, as amended; or
(ii) Less than five years, the corporate
entity shall provide copies of the Form 10-Ks currently filed with the SEC;
provided that if the corporate entity meets all the other licensing
requirements under this chapter and chapter
444,
HRS, the corporate entity may be issued a conditional license under section
16-77-24 with the condition that, at a minimum, it continue to provide copies
of its future Form 10-Ks filed with the SEC so that the board has at least five
years of Form 10-Ks on file.
(b) In addition to the requirements of subsection (a), every applicant, except an RME, shall be required to furnish the board with:
(1) A current financial
statement prepared and signed by a holder of a certificate of certified public
accountant or a registered public accountant in the form prescribed by the
board;
(2) A current state tax
clearance or current proof of payment arrangement from the department of
taxation;
(3) In the case of an
applicant who is:
(A) A corporation or
limited liability company organized and existing under the laws of the State, a
file-stamped copy of the articles of incorporation or articles of organization,
respectively, on file with the department's business registration
division;
(B) A foreign
corporation, a file-stamped copy of the certificate of authority on file with
the department's business registration division; and
(C) A domestic or foreign partnership, a copy
of the registration statement on file with the department's business
registration division.
(4) A copy of a workers' compensation
certificate from an insurer authorized to conduct business in this State that
indicates that the policy is in force; or proof that the person has been
authorized to act as a self-insurer under chapter
386, HRS, or is excluded from the
requirements of chapter
386, HRS. The board shall be notified
of any cancellation, termination, or withdrawal of any policy. Applicants
claiming an exclusion under chapter
386, HRS, shall submit and sign a
statement claiming such exclusion to the board;
(5) A certificate of insurance from an
insurance company or agency authorized to conduct business in this State, an
unauthorized insurer in accordance with article 8 of chapter
431, HRS, or a risk retention or risk
purchasing group in accordance with chapter 431K, HRS, showing full policy
coverage of the applicant for liability and property damage insurance with the
following minimum limits of liability:
| Bodily injury liability | $100,000 each person |
| $300,000 each occurrence | |
| Property damage liability | $ 50,000 each occurrence; and |
(6)
Any surety bond imposed by the board.
(c) The supporting documents required by subsections (a) and (b) (1), (2), and (3) shall be provided with the application, and the documents required by subsections (b)(4), (5), and 6 may be submitted any time prior to issuance of a license.
(d) In the event of any change on these documents at any time, the applicant shall notify the board in writing within thirty days of any change of information.
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