§373-1 Definitions. As used in this chapter, unless the context otherwise requires: “Actual earnings from employment” means the total compensation, including reported amount of tips for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission, or other basis of calculation, but shall not include the reasonable […]
§373-10 Fees. (a) Each employment agency shall file with its application, an initial schedule of placement fees to be charged to applicants. Any change to the schedule of placement fees shall be filed with the director within thirty days of the change, unless the time is extended by the director for good cause. The schedule […]
§373-11 Prohibition. No employment agency licensed under this chapter and no agent or employee of an employment agency shall do, make, or cause to be made or done any of the following acts herein prohibited and every employment agency, its agents, and employees shall do and perform every act, duty, or requirement hereinafter prescribed. (1) […]
§373-12 Restitution of illegal fees. Whenever in the course of an investigation made pursuant to this chapter, it is determined that there has been an illegal collection of fees, the employment agency shall refund the fee illegally collected upon the order of the director or the director’s authorized representative. Failure to refund the fee shall […]
§373-13 Director’s rights. The director and the director’s authorized representatives may enter any office, building, premises, or other place in which an employment agency is operated for the purpose of making investigations for the proper enforcement of this chapter and such rules and regulations as the director may prescribe. No person shall refuse the director […]
§373-13.5 Requirements to maintain license. (a) Every employment agency that collects fees from applicants shall have and maintain in full force and effect a bond as required under section 373-4. Failure, refusal, or neglect to maintain a bond in full force and effect shall cause the automatic forfeiture of the license effective as of the […]
§373-14 Revocation, suspension, and fines. In addition to any other actions authorized by law, after affording all interested parties reasonable opportunity for a fair hearing, the director may revoke or suspend any license, or impose a fine not to exceed $1,000 per violation, for cause. In addition to any other grounds for disciplinary action authorized […]
§373-14.3 Hearings. In all proceedings, the director or hearings officer duly appointed by the director shall have the same powers respecting administering oaths, compelling the attendance of witnesses, producing documentary evidence, and examining witnesses as are possessed by circuit courts. In case of disobedience by any person of any order or subpoena issued by the […]
§373-14.7 REPEALED. L 1992, c 202, §180.
§ §373-15 to 373-18 REPEALED. L 1983, c 84, §1(6).
§373-19 Powers and duties. In addition to any other powers and duties authorized by law, the director may adopt, amend, or repeal such rules as the director may deem proper to fully effectuate this chapter and may delegate to the executive officer or other designee any powers or duties the director deems reasonable and proper. […]
§373-2 License required. No employment agency shall engage in business without a license obtained under this chapter and the rules of the director. [L 1959, c 264, pt of §3; am L Sp 1959 2d, c 1, §27; Supp, §88A-2; HRS §373-2; am L 1980, c 302, pt of §2; am L 1985, c 135, […]
§373-20 Penalties. Any employment agency which violates this chapter is punishable upon conviction by a fine of not more than $1,000, or imprisonment for not more than six months, or both. [L 1959, c 264, pt of §3; Supp, §88A-20; HRS §373-20] Cross References Classification of offense and authorized punishment, see § §701-107, 706-640, and […]
§373-21 Exemption of vocational rehabilitation services. Providers of vocational rehabilitation services for injured workers covered by approved worker compensation plans under section 386-25 shall not be considered employment agencies under this section; provided that the providers confine their services to those specified under section 386-25 and do not hold themselves out to the public as […]
§373-3 Fees; biennial renewal; restoration. (a) No applicant shall be examined under this chapter until the appropriate fees have been paid. (b) Every person holding a license under this chapter shall register with the director and pay a biennial renewal fee on or before June 30 of each even-numbered year. Failure to pay the renewal […]
§373-4 Bond. Every employment agency that collects fees from applicants shall give and keep in force a bond with the director in the penal sum of $5,000 with good and sufficient surety or sureties approved by the director, conditioned that: (1) The licensee shall not violate this chapter; and (2) The licensee shall faithfully, promptly, […]
§373-5 Application for license. (a) Every individual, partnership, corporation, or association seeking a license to operate an employment agency shall file a written application with the director that shall contain such information and shall be in such form as the director may prescribe; provided that in addition to complying with all other requirements of this […]
§373-6 Issuance of license. (a) Upon receipt of an application for a license to conduct an employment agency, the director may issue the license if the applicant has met the requirements of this chapter and chapter 436B. (b) Every license issued shall be valid only as to the employment agency and any branch offices of […]
§373-7 REPEALED. L 1985, c 135, §5.
§373-8 Posting. Every license to conduct an employment agency together with a copy of the fee schedule shall be posted in a conspicuous place in the main room of the agency. [L 1959, c 264, pt of §3; Supp, §88A-8; HRS §373-8]
