HAR Chapter 97 – Private Detectives and Guards

HAWAII ADMINISTRATIVE RULES
TITLE 16
DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
CHAPTER 97
PRIVATE DETECTIVES AND GUARDS
Subchapter 1 General Provisions
§16-97-1 	Objective
§16-97-2 	Definitions
§16-97-3 	Notification and filing of names, addresses, and changes
§16-97-4 	Display of certificate and license
§16-97-5 	Renewal of license
§16-97-6 	Bond
§16-97-7 	Responsible and subordinate principals for agency license
§16-97-7.1 	Notice due board on death, incapacity, or dissociation of sole
proprietor or responsible principal; forfeiture of license
§16-97-7.2 	Responsible principal for more than one agency
§16-97-8 	Conflict of interest
§16-97-9 	Doing business as
§16-97-10 	Unethical conduct
§16-97-11 	Suppression of evidence
§16-97-12 	Permanent place of business
§16-97-13 	Identification
§16-97-14 	Uniforms, badges, identification, emblems
§16-97-15 	Employee registration
§16-97-16 	Powers and duties of private detectives and guards; standards of
conduct
§16-97-17 	Carrying of weapons prohibited
§16-97-18 	Payment for services
Subchapter 2 Applications
§16-97-25 	Forms and instructions
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§16-97-26 	Applications for examination and oral review for private detective,
guard, or agency license
§16-97-27 	Application for reexamination
§16-97-28 	Application for agency license; joint venture
§16-97-28.3 	Application for restoration of a forfeited license
§16-97-28.5 	Application for reactivation
§16-97-29 	Denial of application
§16-97-30 	Demand for hearing
§16-97-31 	Abandonment of application
§16-97-32 	License required for bids
§16-97-33 	License not transferable
Subchapter 3 Validation Requirements
§16-97-34 	Educational requirements
§16-97-35 	Experience requirements
§16-97-36 	Identification
§16-97-37 	Fingerprint checks, cards and criminal history background
§16-97-38 	Psychiatric or psychological disorders
§16-97-39 	Occupational and employment history; notarization
Subchapter 4 Examination
§16-97-40 	Written
§16-97-40.1 	Examination not required
§16-97-41 	Passing score
§16-97-41.1 	Failure to pass examination
Subchapter 5 Oral Testimony
§16-97-42 	Oral testimony
Subchapter 6 License Suspension and Revocation
§16-97-45 	Repealed
§16-97-46 	Grounds for suspension, revocation, and refusal to renew a license
§16-97-47 	Board jurisdiction to proceed
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Subchapter 7 Practice and Procedure
§16-97-50 	Administrative practice and procedure
SUBCHAPTER 1
GENERAL PROVISIONS
§16-97-1 	Objective. 	This chapter is intended to clarify and implement
chapter 463, Hawaii Revised Statutes, to the end that the provisions thereunder
may be best effectuated and the public interest most effectively protected. 	[Eff
3/9/64; am 3/9/72; am and ren §16-97-1, 7/30/81; am and comp 2/18/86; comp
8/25/88; comp 10/23/00; comp 3/14/11] (Auth: 	HRS §463-3) (Imp: 	HRS
§463-3)
§16-97-2 Definitions. As used in this chapter:
"Board" means the board of private detectives and guards.
"Detective" means a person licensed under chapter 463, HRS, and this
chapter and who for any compensation or consideration obtains information and
evidence not readily or publicly accessible with reference to any of the following
matters, notwithstanding the fact that other functions and services may also be
performed by the same person for fee, hire, or reward:
(1) 	Crime or wrong done or threatened or assumed to have been done
or threatened against the government of the United States of
America, or any of its states, territories, or possessions;
(2) 	The 	identity, 	habits, 	conduct, 	movements, 	whereabouts,
affiliations, associations, transactions, reputation, or character of
any 	person, 	association, 	organization, 	society, 	or 	groups 	of
persons, firms, or corporations;
(3) 	The credibility of witnesses or other persons;
(4) 	The whereabouts of missing persons;
(5) 	The location, disposition, or recovery of lost or stolen property;
(6) 	The causes and origin of, or responsibility for, fires, accidents,
damage, injuries, or losses to persons, firms, associations, or
corporations, or to real or personal property;
(7) 	The affiliation, connection, or relation of any person, firm, or
corporation with any organization, society, association, or with any
official member or representative thereof;
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§16-97-2
(8) 	The 	conduct, 	honesty, 	efficiency, 	loyalty, 	or 	activities 	of
employees, agents, contractors, and subcontractors; or
(9) 	The securing of evidence to be used before any investigating
committee, board of award, board of arbitration, or in any civil or
criminal trial.
The 	terms 	do 	not 	include 	any 	lawful 	activity 	of 	any 	board, 	body,
commission, agency, state, territory, or possession of the United States, or any
political 	subdivision 	thereof, 	or 	any 	officer 	or 	employee 	employed 	solely,
exclusively, and singlely by an attorney or law firm when engaged in the
employer's business; or any person, firm, association, or corporation conducting
any investigation solely for its own account.
"Firm" means a sole proprietor, corporation, joint venture, limited liability
partnership, limited liability corporation, partnership, association, or any other
legal business entity.
"Guard" 	means 	a 	uniformed 	or 	nonuniformed 	person 	who 	for
compensation, reward, or by employment, is responsible for the safekeeping of a
client's person and property within contractually prescribed boundaries, and for
observation and reporting relative to the safekeeping of that person or property.
This includes companies that respond to alarms by sending out employees or
assistants to physically safeguard and secure the premise or property. 	"Guard"
includes individuals, persons, corporations, partnerships, or agencies who provide
guard 	services 	to 	associations 	of 	apartment 	owners, 	provided 	an
employer-employee 	relationship 	does 	not 	exist 	between 	the 	association 	of
apartment 	owners 	and 	the 	individual 	guarding 	the 	property. Association of
apartment owners means all of the apartment owners acting in accordance with the
association's bylaws and declaration.
The term does not include a person employed solely by an employer in
connection with the affairs of the employer; nor does it include any lawful activity
of any board, body, commission, agency, state, territory or possession of the
United States, or any political subdivision thereof.
"Principal detective" means the licensed private detective designated as the
detective 	agency's 	primary 	licensee 	who 	is 	fully 	responsible for the direct
management and control of the agency and the agency's employees, and for
insuring compliance with chapter 463, HRS, and this chapter.
"Principal guard" means the licensed guard designated as the guard
agency's primary licensee who is fully responsible for the direct management and
control of the agency and the agency's employees, and for insuring compliance
with chapter 463, HRS, and this chapter.
"Private detective or guard agency" or "agency" means a 	licensed firm
engaged in the private detective, investigation, or guard business. [Eff 3/9/64; am
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§16-97-5
3/9/72; am and ren §16-97-2, 7/30/81; am and comp 2/18/86; comp 8/25/88;
comp 10/23/00; am and comp 3/14/11] (Auth: 	HRS §463-3) (Imp: 	HRS
§§463-1, 463-3)
§16-97-3 	Notification and filing of names, addresses, and changes. 	(a)
Any person holding a license shall file that person's business address with the
board and shall notify the board in writing within fifteen days of any and all
changes of the person's business address.
(b) 	The holder of a license to operate a private detective or guard
agency shall file with the board the name and address of the business, the name
and license number of the principal licensee and, in the case of a duly registered
business entity in good standing with the department's business registration
division, the names and addresses of the sole owner, partners, officers, members,
managers, and directors, as the case may be, and shall notify the board in writing
of any change of the names, addresses, and license number as the case may be,
within fifteen days of the change. [Eff 3/9/64; am and ren §16-97-3, 7/30/81; am
and comp 2/18/86; comp 8/25/88; comp 10/23/00; am and comp 3/14/11] (Auth:
HRS §§463-3, 463-10) (Imp: HRS §§463-3, 463-10)
§16-97-4 Display of certificate and license. A certificate evidencing that a
license has been issued by the board, together with a copy of the currently valid
license, shall be conspicuously displayed in the licensee's place of business. 	[Eff
3/9/64; am 3/9/72; am and ren §16-97-4, 7/30/81; am and comp 2/18/86; comp
8/25/88; comp 10/23/00; comp 3/14/11] (Auth: 	HRS §463-3) (Imp: 	HRS
§463-3)
§16-97-5 	Renewal of license. 	Renewal fees paid by mail shall be
considered as paid when due if the envelope bears a postmark of June 30 or earlier
of each even-numbered year. 	In addition to the renewal fees, each licensee shall
submit, on a form prepared by the board, information relative to conviction of the
licensee in any jurisdiction, of a crime which reflects unfavorably on the fitness of
the licensee to engage in the profession; any psychiatric or psychological treatment
the licensee has or is undergoing, and whether any psychiatric or psychological
treatment has been recommended to the licensee. 	[Eff 3/9/64; am and ren
§16-97-5, 7/30/81; am and comp 2/18/86; comp 8/25/88; comp 10/23/00; comp
3/14/11] (Auth: HRS §463-3) (Imp: HRS §463-10)
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§16-97-6
§16-97-6 	Bond. 	Each applicant shall provide a bond by a surety or
sureties licensed by the state insurance commissioner which shall include a
provision that the bonding agent shall notify the board in writing at least thirty
days prior to any termination of the bond. Termination of the bond shall result in
immediate and concurrent suspension of the license and it shall be suspended until
a successor bond is filed; provided that the failure to obtain a new bond within the
current biennium shall result in the automatic forfeiture of the license at the end of
the current biennium, and a new application shall be required to be filed. 	[Eff
3/9/64; am 3/9/72; am and ren §16-97-6, 7/30/81; am and comp 2/18/86; comp
8/25/88; comp 10/23/00; am and comp 3/14/11] (Auth: 	HRS §463-3) (Imp:
HRS §463-12)
§16-97-7 	Responsible and subordinate principals for agency license. 	(a)
No license shall be issued to an agency unless the business thereof and the
agency's employees are under the direct management and control of a principal
guard or principal detective who has been issued a license.
(b) 	An agency may have in its employ more than one principal;
provided that the agency shall designate a responsible principal who shall be
primarily responsible for the direct management of the detective or guard agency
business and who shall be:
(1) 	In a position to secure full compliance with the laws governing
private detectives or guards, including but not limited to chapter
463, HRS, and this chapter;
(2) 	Familiar with all contracts the detective or guard agency enters
into, sees that all contracts provisions are carried out, and signs or
initials all contracts;
(3) 	Familiar with all projects or services the detective or guard agency
undertakes and sees that records are kept on the projects or
services, including but not limited to the amount of time spent by
employees and payroll records on each project or service;
(4) 	Responsible for the acts of employees while the employees are
acting within the scope and purpose of the detective or guard
agency's business;
(5) 	Responsible for conducting pre employment and periodic post hire
employment criminal history record checks of county, state, and
federal agencies to insure that the detective or guard agency does
not employ, or continue to employ, any person who has been
convicted in any jurisdiction of a crime which reflects unfavorably
on the fitness of the person to engage in the profession unless there
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§16-97-7
has been an order annulling or expunging that convicted person's
sentence;
(6) 	Responsible for insuring that the detective or guard agency does
not employ, or continue to employ, any person who is suffering
from any psychiatric or psychological disorder which is directly
related and detrimental to a person's performance in the profession;
(7) 	Responsible for the mandatory documentation of and the training of
detective and guard employees. 	The principal shall insure that
records of the names of employees, dates of training, and subject
matter be kept on file indefinitely for all current employees, and at
least 	two 	years 	from 	the 	date 	of 	separation 	for 	all 	former
employees. 	The training shall include but not be limited to the
following:
(A) 	For 	detective 	employees: 	case 	investigation 	and
documentation, 	laws 	and 	rules, 	ethics, 	privacy 	issues,
review of criminal and civil history records, interview
techniques, 	collection 	and 	handling 	of 	evidence, 	court
testimony, 	use 	of 	force 	options 	(chapter 	703, 	HRS),
CPR/first aid, and surveillance techniques and activities.
(B) 	For guard employees: 	laws and rules, fire procedures,
evacuation 	procedures, 	arrest 	and 	evidence 	procedures,
patrol 	techniques, 	incident 	investigation, 	incident
documentation, court testimony, screening of individuals
entering the premise, and use of force options (chapter 703,
HRS).
(8) 	Responsible for immediately informing the chief of police of the
appropriate county of any conviction that would make it illegal
under state or federal law to possess a firearm and ammunition for
those employees who have written authorization from the chief of
police to use a firearm; and
(9) 	Fully responsible for the direct management and control of the
detective 	or 	guard 	agency 	and 	the 	agency's 	employees 	when
detective or guard services are being provided.
(c) 	Other principals employed but not designated by the firm as the
responsible principal shall be referred to as subordinate principals and shall be
responsible for specified activities related to the license held by the subordinate
principal.
(d) 	A principal shall not be considered a detective or guard agency,
and shall be considered to be engaging in unlicensed activity if the principal enters
into a contract on behalf of any entity other than the detective or guard agency that
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§16-97-7
employs the principal. [Eff 3/9/64; am 3/9/72; am and ren §16-97-7, 7/30/81; am
and comp 2/18/86; comp 8/25/88; comp 10/23/00; am and comp 3/14/11] (Auth:
HRS §463-3) (Imp: HRS §§463-5, 463-6, 463-7, 463-8)
§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.
[Eff and comp 3/14/11] (Auth: HRS §463-3) (Imp: HRS §§463-5, 463-7)
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§16-97-9
§16-97-7.2 	Responsible 	principal 	for 	more 	than 	one 	agency. 	An
individual may be a responsible principal for more than one agency, but not more
than two, if:
(1) 	There is a common ownership of at least fifty-one percent of the
equity 	of 	each 	entity 	for 	which 	the 	individual 	acts 	as 	the
responsible principal; or
(2) 	An entity applying for an agency license is a subsidiary of or joint
venture with another licensed firm; or
(3) 	There is an immediate and direct family relationship between the
responsible 	principal 	and 	the 	officers, 	directors, 	members,
managers, or partners of the other licensed firm for which the
individual acts as the responsible principal; or
(4) 	There is an immediate and direct family relationship between the
officers, 	directors, 	members, 	managers, 	and 	partners 	of 	all
detective or guard entities for which the individual acts as the
responsible principal; and
(5) 	The board is satisfied that it is in the public's interest and that the
individual is competent, able, and qualified to be a responsible
principal for more than one agency. 	[Eff and comp 3/14/11]
(Auth: HRS §463-3) (Imp: HRS §§463-5, 463-6, 463-7, 463-8)
§16-97-8 Conflict of interest. (a) A licensee shall not accept employment
adverse to a client relating to a matter with respect to which the licensee has
obtained confidential information by reason of or in the course of the licensee's
employment by the client.
(b) 	An employee or a reserve officer of any law enforcement agency
shall not maintain or be eligible for any license issued under chapter 463, HRS.
[Eff 3/9/64; am 3/9/72; am and ren §16-97-8, 7/30/81; am and comp 2/18/86;
comp 8/25/88; comp 10/23/00; am and comp 3/14/11] (Auth: 	HRS §463-3)
(Imp: HRS §463-3)
§16-97-9 	Doing business as. 	A licensee shall not solicit or transact
business using a name other than the name appearing on the licensee's license.
Any trade name used by a licensee shall have been previously registered with the
department's business registration division and shall be filed with and approved by
the board. 	A licensee shall notify the board of any name change within fifteen
days of the change. 	[Eff 3/9/64; am 3/9/72; am and ren §16-97-9, 7/30/81; am
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§16-97-9
and comp 2/18/86; comp 8/25/88; comp 10/23/00; am and comp 3/14/11] (Auth:
HRS §463-3) (Imp: HRS §463-3)
§16-97-10 	Unethical conduct. 	A licensee shall not solicit business for an
attorney-at-law or law firm. 	[Eff 3/9/64; am 3/9/72; am and ren §16-97-10,
7/30/81; am and comp 2/18/86; comp 8/25/88; comp 10/23/00; comp 3/14/11]
(Auth: HRS §463-3) (Imp: HRS §463-3)
§16-97-11 Suppression of evidence. A licensee, or a licensee's employee,
shall not knowingly suppress any evidence in the investigation of a criminal or
civil matter with intent to cause delay, interference, obstruction, or hindrance to
the progress of a law enforcement investigation. 	[Eff 3/9/64; am 3/9/72; am and
ren §16-97-11, 7/30/81; am and comp 2/18/86; comp 8/25/88; comp 10/23/00;
comp 3/14/11] (Auth: HRS §463-3) (Imp: HRS §463-3)
§16-97-12 	Permanent place of business. 	(a) Each licensee shall be
required to maintain a permanent place of business in the state where the firm,
principal guard or detective may receive service of process. 	For purposes of this
section "permanent place of business" means a physical address, not a post office
box number. 	A permanent place of business shall comply with the zoning
requirements of the applicable county.
(b) 	Attorney's offices or other similar business offices in the State may
be listed as the place of business for out-of-state licensees not conducting detective
or guard services in the State provided that an individual within the office is or
acts as an agent or representative of the licensee who:
(1) 	Can be served with notice and legal process;
(2) 	Shall receive all inquires and other correspondence in this State on
behalf of the licensee; and
(3) 	Shall 	be 	responsible 	to 	see 	that 	the 	inquiries 	and 	other
correspondence are responded to or addressed in a timely manner.
If an attorney's office or other similar office in the State is listed as the place of
business for an out-of-state licensee, information regarding the name of the agent
or representative, and a telephone number where the agent or representative can
be contacted shall be provided to the board and made available to the public.
(c) 	A licensee may use the licensee's residence address as the business
address provided that the licensee is in compliance with the respective county
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§16-97-14
zoning requirements. Using a personal residential address shall make that address
a public record and therefore, disclosable to the public.
(d) 	Out of state addresses may be used as the place of business for
out-of-state licensee; provided that the license of the out-of-state licensee is on
inactive status. 	Inactive status is provided for in section 463-10, HRS. 	[Eff
3/9/64; am 3/9/72; am and ren §16-97-12, 7/30/81; am and comp 2/18/86; comp
8/25/88; am and comp 10/23/00; am and comp 3/14/11] (Auth: 	HRS §463-3)
(Imp: HRS §§463-3, 463-10)
§16-97-13 Identification. A licensee shall not use or permit any employee
to use a vehicle in the performance of the licensee's duties that is painted in a
manner or bears any emblem, insignia, or design that may be mistaken for, or
resembles that of any law enforcement vehicle. 	Each licensee shall include the
licensee's license number on any advertising. Advertising shall include, but is not
limited to the issuance of any card, sign, or device to any person, or any printed
or visual communication which includes but is not limited to advertisements
contained in newspapers, telephone directories, pamphlets, direct public mailings,
and television or radio communications. 	[Eff 3/9/64; am 3/9/72; am and ren
§16-97-13, 7/30/81; am and comp 2/18/86; comp 8/25/88; comp 10/23/00; comp
3/14/11] (Auth: HRS §463-3) (Imp: HRS §§463-3, 463-11)
§16-97-14 	Uniforms, badges, identification, emblems. 	(a) No 1icensee
sha1l use or adopt for use any uniform, badge, identification, or emblem unless
the uniforms, badges, identifications, or emblems have been approved by the
board and the chief of police in the county or counties in which the licensee
intends to transact business.
(b) 	No licensee shall wear or permit any employee to wear any
uniform, badge, identification, or emblem similar in design as that of any
government law enforcement agency.
(c) 	Each licensee shall submit to the board the following:
(1) 	An eight inch by ten inch photograph showing the full length front
view of the uniform with cap worn by the licensee's employees;
and
(2) 	A three inch by five inch photograph, sufficient to show detail, of
the emblem, badge, and identification card, if any, used to identify
the licensee's employees.
Every licensee shall submit to the board one photograph of each of the above for
board records in addition to a sufficient number of photographs for each of the
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§16-97-14
county police departments in which the licensee plans to do or is doing business.
The 	board 	shall 	forward 	the 	photographs 	to 	the 	appropriate 	county 	police
department. 	[Eff 3/9/72; am and ren §16-97-14, 7/30/81; am and comp 2/18/86;
comp 8/25/88; comp 10/23/00; am and comp 3/14/11] (Auth: HRS §463-3) (Imp:
HRS §§463-3, 463-11)
§16-97-15 	Employee Registration. 	(a) An agency may employ as many
agents, operatives, assistants, guards, and employees as necessary for the conduct
of business; provided that the principal guard or principal detective of the agency
shall be held responsible for the acts of those employees while the employees are
acting within the scope and purpose of the licensee's business.
(b) 	An agency shall not employ any person who has been convicted in
any jurisdiction of a crime which reflects unfavorably on the fitness of the person
to engage in the profession, unless there has been an order annulling or expunging
that convicted person's sentence.
(c) 	Every agency shall file, on a form prescribed by the board,
semiannual lists of employees hired or terminated during the semiannual period
doing any type of investigative or guard work. 	For the semiannual periods of
January to June; and July to December; lists shall be due on or before July 31st
and January 31st respectively. 	The lists shall contain the names, addresses, dates
of birth, and dates of hire or termination and any other information required by
the board of all employees hired or terminated during the semiannual period.
(1) 	If 	an 	employee 	engaging 	in 	investigative 	or 	guard 	work 	is
terminated 	during 	the 	semiannual 	period, 	the 	terminated
employee's name and the date of termination shall be indicated on
the list.
(2) 	Every agency by and through its responsible principal shall attest
on the list that each of these newly hired employee's educational,
criminal, 	psychiatric, 	and 	psychological 	histories 	have 	been
verified in accordance with the requirements of this chapter and
chapter 463, HRS, prior to being hired. 	[Eff 3/9/72; am and ren
§16-97-15, 7/30/81; am and comp 2/18/86; comp 8/25/88; am and
comp 10/23/00; am and comp 3/14/11] (Auth: HRS §463-3) (Imp:
HRS §§463-3, 463-6, 463-8)
§16-97-16 	Powers and duties of private detectives and guards; standards
of conduct. (a) Arrest. In accordance with section 803-3, HRS, private detectives
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§16-97-18
or guards shall have the authority to arrest, without a warrant, anyone in the act of
committing a crime.
(b) 	Stop and frisk. 	A private detective or guard, for good cause, may
stop and frisk any person found on the premises which are being guarded if based
on the private detective or guard's observation of the person to be frisked, or
other reliable information, the private detective or guard suspects that a crime has
been or is about to be committed.
(c) 	Interrogation. 	No private detective or guard shall interrogate,
question, or in any way abuse the civil rights of a person arrested, detained, or
found on the premises which are being guarded. 	Any person properly arrested
shall be immediately turned over to the appropriate governmental authorities.
(d) 	Use of force. 	A private detective or guard shall comply with the
use of force provisions in chapter 703, HRS. [Eff 3/9/72; am and ren §16-97-16,
7/30/81; am and comp 2/18/86; comp 8/25/88; am and comp 10/23/00; am and
comp 3/14/11] (Auth: HRS §§463-3, 803-3, 803-4) (Imp: HRS §463-3)
§16-97-17 	Carrying of weapons prohibited. 	Private detectives or guards
shall not carry firearms, blackjacks, batons, night sticks, chemical sprays, stun
devices, 	or 	other 	weapons 	unless 	specifically 	authorized 	in 	writing 	by 	the
appropriate state agency or chief of police in the county or counties in which the
private detective or guard is doing business. 	[Eff 3/9/72; am and ren §16-97-17,
7/30/81; am and comp 2/18/86; am and comp 8/25/88; comp 10/23/00; am and
comp 3/14/11] (Auth: HRS §463-3) (Imp: HRS §463-3)
§16-97-18 	Payment for services. 	An agency shall not collect a fee
without providing private detective or guard services, as applicable; provided that
the agency may charge and collect a retainer fee prior to providing detective or
guard services, as applicable. 	[Eff and comp 2/18/86; comp 8/25/88; comp
10/23/00; am and comp 3/14/11] (Auth: HRS §463-3) (Imp: HRS §463-3)
97-13

§16-97-25
SUBCHAPTER 2
APPLICATIONS
§16-97-25 	Forms and instructions. 	An application filed with the board
shall be prepared in accordance with and contain the information called for in the
application form(s) provided by the board and any instructions which may be
required by the board with respect to the filing.
The form(s) may be modified from time to time as required. 	[Eff 3/9/64;
am 3/9/72; am and ren §16-97-25, 7/30/81; am and comp 2/18/86; comp 8/25/88;
comp 10/23/00; am and comp 3/14/11] (Auth: HRS §463-3) (Imp: HRS §463-9)
§16-97-26 	Applications for examination and oral review for private
detective, guard, or agency license. 	(a) A completed application for examination
and license shall be submitted at least thirty days prior to the next regularly
scheduled board meeting and shall be accompanied by the required fees. 	The
executive officer of the board may determine the sufficiency of the preliminary
qualifications of applicants for admission to examination.
(b) 	Each application for an individual principal private detective or
principal guard license shall include the following:
(1) 	Name;
(2) 	Social security number;
(3) 	Date of birth;
(4) 	Current residence and former residences over the last ten years;
(5) 	Present and prior occupational history covering ten years including
reason for job changes and dates of employment;
(6) 	Education;
(7) 	Trade name registration from the business registration division, if
applicable;
(8) 	Arrest and conviction history;
(9) 	Psychiatric history;
(10) 	Proof that the applicant is a United States citizen, a United States
national, or an alien authorized to work in the United States; and
(11) 	Any 	other 	information 	the 	board 	may 	reasonably 	require 	to
process the application.
(c) 	Each agency application, except a sole proprietor, shall identify the
duly registered business entity seeking the license and shall include the following
information and supporting documentation:
97-14

§16-97-26
(1) 	In the case of an applicant who is:
(A) 	A corporation or limited liability company organized and
existing under the law 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 or a certificate of good standing or
certificate of qualification issued not more than one year
prior to date of the application;
(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.
(2) 	Each member of a joint venture, partner of a partnership, manager
or member of a limited liability company, and each officer of a
corporate entity shall provide:
(A) 	Identifying information, including name, social security
number, 	date 	of 	birth, 	current 	and 	former 	residence
addresses over the last ten years;
(B) 	Employment information, including business or occupations
engaged in for ten years immediately preceding the date of
filing of the application, names and addresses of employers,
dates 	of 	employment, 	and 	reasons 	for 	change 	of
employment, business, or occupation; and
(C) 	Arrest and conviction history.
(d) 	The applicant for a private detective or guard license shall take and
pass an examination and personally appear before the board for an oral review
concerning the applicant's application. 	The principal for any agency shall appear
before the board for an oral review concerning the agency's application which is
under consideration for a license. 	Based upon the oral review and other
information 	which 	is 	before 	the 	board, 	the 	board 	may 	grant 	or 	deny 	the
application for license.
(e) 	The general partner, at least one corporate officer, a member of a
joint venture, or a manager or member of a limited liability company listed on the
agency application shall personally appear before the board for an oral review
concerning the application. 	This requirement may be waived in cases where the
partner, member, manager, or corporate officer has previously appeared before
the board or where their appearance is a hardship due to travel from out-of-state.
97-15

§16-97-26
(f) 	The board may approve an application subject to requirements the
applicant shall meet before a license is issued.
(g) 	Nothing 	in 	this 	section 	shall 	limit 	the 	board's 	authority 	to
investigate 	an 	applicant's 	character, 	background, 	competency, 	integrity,
experience, and past and future method of doing business as may be deemed
necessary in order to pass upon the applicant's qualifications.
(h) 	The applicant shall submit the required bond before a license is
issued. 	[Eff 3/9/64; am 3/9/72; am and ren §16-97-26, 7/30/81; am and comp
2/18/86; am and comp 8/25/88; am and comp 10/23/00; am and comp 3/14/11]
(Auth: 	42 U.S.C.A. SS 666, HRS §§463-3, 436B-10, 576D-13) (Imp: 	HRS
§§436B-10, 463-3, 463-9)
§16-97-27 	Application 	for 	reexamination. 	An 	application 	for
reexamination shall be filed at least thirty days before the examination. 	[Eff
3/9/64; am 3/9/72; am and ren §16-97-27, 7/30/81; am and comp 2/18/86; comp
8/25/88; comp 10/23/00; comp 3/14/11] (Auth: 	HRS §463-3) (Imp: 	HRS
§463-3)
§16-97-28 	Application 	for 	agency 	license; 	joint 	venture. 	(a) 	An
application for private detective or guard agency license shall be accompanied by
the required fee which shall not be refunded.
(b) 	Each agency shall maintain a permanent place of business in the
State of Hawaii which shall be under the direct management and control of a
licensed principal detective or licensed principal guard.
(c) 	Each agency branch office shall be required to have a responsible
full-time manager.
(d) 	A licensed private detective, guard, or agency may associate with
another licensee by forming a joint venture. 	The joint venture shall apply for an
agency license and shall file with the board a certified copy of the joint venture
agreement.
(e) 	A corporation, partnership, or joint venture shall be allowed not
more than one private detective or guard agency license.
(f) 	An applicant shall submit the required bond before a license is
issued. [Eff 3/9/64; am and ren §16-97-28, 7/30/81; am and comp 2/18/86; comp
8/25/88; comp 10/23/00; am and comp 3/14/11] (Auth: 	HRS §463-3) (Imp:
HRS §§463-3, 463-9)
97-16

§16-97-29
§16-97-28.3 Application for restoration of a forfeited license. A forfeited
license may be restored within one year after the date of expiration by filing a
renewal application along with any arrest or conviction information and any
information on any psychiatric or psychological disorder for which treatment is
being received, and paying the renewal fees plus a penalty fee. 	A person who
fails to restore a forfeited license within one year of the date of expiration shall be
considered a new applicant and shall satisfy all requirements for licensure in effect
at the time the person reapplies for a license. 	[Eff and comp 3/14/11] (Auth:
HRS §463-3) (Imp: HRS §463-10)
§16-97-28.5 	Application for reactivation. 	(a) An inactive licensee who
has been on an inactive status for six months or less within the current biennium
may reactivate the license as a principal, sole proprietor, detective agency, or
guard agency by submitting an application and the appropriate fee.
(b) 	An inactive licensee who has been on an inactive status for more
than six months may reactivate the license as a principal or sole proprietor by
submitting an application, reactivation and any other appropriate fee, a criminal
history record check from all locations in which the licensee has resided since
placing the license on inactive status, a national criminal history record check
from 	the 	FBI, 	information 	on 	any 	psychiatric 	or 	psychological 	treatment
recommended 	since 	placing 	the 	license 	on 	inactive 	status, 	and 	any 	other
information the board may reasonably require to process the application.
(c) 	An inactive agency licensee who has been on an inactive status for
more than six months may reactivate the license by submitting an application,
reactivation and any other appropriate fee, and a criminal history record check
from all locations in which each partner of a partnership, member of a joint
venture, manager or member of a limited liability company, and each officer of a
corporate entity has resided since placing the license on inactive status. 	[Eff and
comp 3/14/11] (Auth: HRS §463-3) (Imp: HRS §463-10)
§16-97-29 	Denial of application. 	(a) In the event the board denies an
application for the issuance of a license or for the reinstatement of a license, the
board shall notify the applicant by letter of the board's action which shall include a
concise statement of the reasons for denial or refusal to reinstate and a statement
informing the applicant of the applicant's right to a hearing if the applicant so
desires.
(b) 	Inaccurate or false information submitted by an applicant shall be
sufficient grounds for denial of a license.
97-17

§16-97-29
(c) 	Conviction 	in 	any 	jurisdiction 	of 	a 	crime 	which 	reflects
unfavorably on the fitness of the applicant to engage in the profession; provided
that the conviction has not been annulled or expunged by court order, shall be
sufficient grounds for denial of a license. 	An applicant, however, may, be
permitted to present evidence to the board as to why such conviction should not be
the basis for denial of a license such as the age of the conviction, exceptional
circumstances 	surrounding 	the 	crime, 	or 	the 	completion 	of 	a 	course 	of
rehabilitation which substantially diminishes the likelihood of further criminal
behavior.
(d) 	No license shall be granted to applicants who have engaged in or
who are engaging in any illegal or unlawful conduct which reflects unfavorably on
the fitness of the applicant to engage in the profession.
(e) 	The board may deny issuance of a license if, after investigation, the
applicant's background, character, competency, and integrity is found to be
detrimental to the profession or to the best interest of the public.
(f) 	The board may deny issuance of a license if the applicant is found
to have undergone psychiatric or psychological treatment or if any treatment has
been recommended for any psychiatric or psychological disorder which may be
detrimental to the profession. An applicant may, however, be permitted to present
to the board a statement signed by the attending physician, psychologist, or
psychiatrist attesting to the applicant's mental and emotional fitness to engage in
the profession.
(g) 	The board may deny issuance of a license when the applicant is
known to have committed any of the acts for which a license may be suspended or
revoked under section 16-97-46. [Eff 3/9/64; am and ren §16-97-29, 7/30/81; am
and comp 2/18/86; am and comp 8/25/88; comp 10/23/00; am and comp 3/14/11]
(Auth: HRS §463-3) (Imp: HRS §§463-3, 463-6, 463-8)
§16-97-30 	Demand for hearing. 	Any person whose application for a
license or reinstatement of a license has been denied by the board, shall be entitled
to a hearing pursuant to chapter 16-201, provided that a demand for hearing is
filed with the board within sixty days of the date of mailing of the letter informing
the applicant of the denial of the application. [Eff 3/9/64; am and ren §16-97-30,
7/30/81; am and comp 2/18/86; comp 8/25/88; comp 10/23/00; comp 3/14/11]
(Auth: HRS §463-3) (Imp: HRS §463-3)
97-18

§16-97-34
§16-97-31 	Abandonment of application. 	If an applicant fails to obtain a
license within one year after filing the application, or fails to take the examination
within a one-year period after becoming eligible to take the examination, the
application shall be considered abandoned and all fees shall be forfeited. 	An
application submitted subsequent to the abandonment shall be considered as a new
application. 	[Eff and comp 2/18/86; comp 8/25/88; comp 10/23/00; am and
comp 3/14/11] (Auth: HRS §463-3) (Imp: HRS §§463-3, 463-9)
§16-97-32 	License required for bids. 	A license is required for any
individual or entity who submits bids in order to secure a contract which involves
providing guard or private detective services. 	[Eff and comp 2/18/86; comp
8/25/88; comp 10/23/00; comp 3/14/11] (Auth: 	HRS §463-3) (Imp: 	HRS
§463-3)
§16-97-33 License not transferable. No license issued under chapter 463,
HRS, shall be transferred, assigned, or loaned. 	[Eff and comp 2/18/86; comp
8/25/88; comp 10/23/00; comp 3/14/11] (Auth: 	HRS §463-3) (Imp: 	HRS
§463-3)
SUBCHAPTER 3
VALIDATION REQUIREMENTS
§16-97-34 	Educational requirements. 	The board may accept any of the
following:
(1) 	Certified copy of high school diploma or certificate of graduation;
(2) 	Certified transcript of high school record;
(3) 	A statement from the department of education that the applicant
possesses the equivalent of a high school education; or
(4) 	Certified copy of an associates, bachelor's, masters, or doctorate
degree. [Eff 3/9/64; am and ren §16-97-34, 7/30/81; am and comp
2/18/86; comp 8/25/88; comp 10/23/00; am and comp 3/14/11]
(Auth: HRS §463-3) (Imp: HRS §§463-3, 463-6, 463-8)
97-19

§16-97-35
§16-97-35 Experience requirements. (a) Applicants for a private detective
license shall have had experience reasonably equivalent to at least four years of
full-time investigational work.
(1) 	The board shall require training and experience in the following
areas:
(A) 	Case investigation and documentation;
(B) 	Laws and rules;
(C) 	Ethics;
(D) 	Privacy issues;
(E) 	Review of criminal and civil history records;
(F) 	Interview techniques;
(G) 	Collection and handling of evidence;
(H) 	Court testimony;
(I) 	Use of force options (chapter 703, HRS);
(J) 	CPR/first aid; and
(K) 	Surveillance techniques and activities.
(2) 	The board may accept the following types of experience for
persons applying to be private detectives, employment:
(A) 	Under the supervision of a licensed private detective;
(B) 	As a police officer with a police department of a state or
political 	subdivision 	thereof 	with 	at 	least 	one 	year 	of
full-time investigative work;
(C) 	As 	an 	investigator 	with 	any 	federal, 	state, 	county, 	or
municipal government agency; or
(D) 	As an investigator employed by an attorney-at-law or law
firm.
(b) 	Applicants for a guard license shall have had experience reasonably
equivalent to at least four years of full-time guard work.
(1) 	The board shall require training and experience in the following
areas:
(A) 	Laws and rules;
(B) 	Fire procedures;
(C) 	Evacuation procedures;
(D) 	Arrest and evidence procedures;
(E) 	Patrol techniques;
(F) 	Incident investigation;
(G) 	Incident documentation;
(H) 	Court testimony;
(I) 	Screening of individuals entering the premise; and
(J) 	Use of force options (chapter 703, HRS).
97-20

§16-97-37
(2) 	The board may accept the following types of experience for
persons applying to be guards, employment:
(A) 	Under the supervision of a licensed guard;
(B) 	As a guard by a private employer;
(C) 	As a police officer with a police department of a state of
political subdivision thereof; or
(D) 	As a guard with any federal, state, county, or municipal
government agency. 	[Eff 3/9/64; am and ren §16-97-35,
7/30/81; 	am 	and 	comp 	2/18/86; 	comp 	8/25/88; 	comp
10/23/00; am and comp 3/14/11] (Auth: 	HRS §463-3)
(Imp: HRS §§463-3, 463-6, 463-8)
§16-97-36 Identification. Applicants shall provide a recent photograph of
themselves, showing only their head and shoulders, and being approximately
two-and-a-half inches square. 	[Eff 3/9/64; am and ren §16-97-36, 7/30/81; am
and comp 2/18/86; comp 8/25/88; comp 10/23/00; comp 3/14/11] (Auth: 	HRS
§463-3) (Imp: HRS §§463-3, 463-9)
§16-97-37 Fingerprint checks, cards and criminal history background. (a)
An applicant for a private detective or guard license shall be subject to a national
criminal history record check, and shall submit:
(1) 	Electronic fingerprints directly to the Hawaii criminal justice data
center ("HCJDC") for processing to the FBI; or
(2) 	A completed fingerprint card with the application which shall be
forwarded to the HCJDC for processing to the FBI.
The applicant shall bear the cost of the fingerprint processing. 	The application
shall not be considered complete until the results of the criminal history record
check has been received by the Board.
(b) 	An applicant for a private detective or guard agency license shall
submit with the application for each owner, partner, officer, member, manager
and director of any duly registered business entity a criminal history background
covering the last ten years immediately preceding the date of the application,
completed by the police, sheriff's department, criminal justice data center or
appropriate county or state agency of where any unlicensed member of the private
detective or guard agency resided during that ten year period. 	The criminal
history background shall include all arrests or convictions other than for traffic
violations. 	[Eff and comp 2/18/86; am and comp 8/25/88; comp 10/23/00; am
97-21

§16-97-37
and comp 3/14/11] (Auth: 	HRS §463-3) (Imp: 	HRS §§463-3, 463-6, 463-8,
463-9)
§16-97-38 	Psychiatric or psychological disorders. 	Applicants for a
private detective or guard license shall provide the board with:
(1) 	A signed medical release which authorizes the board to check into
the applicant's psychiatric or psychological background;
(2) 	The names of at least two personal physicians, psychologists, or
psychiatrists that have seen the applicant within the past five years;
(3) 	Any 	information 	concerning 	the 	applicant's 	treatment 	for 	any
psychiatric or psychological disorder; and
(4) 	Information 	describing 	any 	treatment 	for 	a 	psychiatric 	or
psychological disorder that was recommended, but not completed.
[Eff and comp 2/18/86; comp 8/25/88; comp 10/23/00; comp
3/14/11] (Auth: HRS §463-3) (Imp: HRS §§463-3, 463-6, 463-8)
§16-97-39 	Occupational and employment history; notarization. 	Each
applicant for a private detective or guard license and each general partner,
member of a joint venture, manager member of a limited liability partnership or
company, or corporate officer listed on the agency application shall submit on a
form provided by the board, a notarized statement covering the applicant's
occupational and employment history for the ten years immediately preceding the
date of application. 	[Eff and comp 2/18/86; am and comp 8/25/88; comp
10/23/00; am and comp 3/14/11] (Auth: 	HRS §463-3) (Imp: 	HRS §§463-3,
463-9)
SUBCHAPTER 4
EXAMINATION
§16-97-40 	Written. 	The written examination for private detective or
guard shall include questions on the laws, rules, knowledge, experience and skills,
which specifically apply to the holder of a private detective or guard license, as
the case may be. 	[Eff 3/9/64; am and ren §16-97-40, 7/30/81; am and comp
2/18/86; comp 8/25/88; comp 10/23/00; am and comp 3/14/11] (Auth: 	HRS
§463-3) (Imp: HRS §463-3)
97-22

§16-97-42
97-23
§16-97-40.1 Examination not required. An examination shall not be
required when the applicant, within a period of one year prior to application, has
previously qualified by written examination, or was licensed in good standing or
on an inactive status, provided the applicant applies for a license in the same
classification in which the applicant previously qualified by examination or was
licensed in good standing or on an inactive status. [Eff and comp 3/14/11] (Auth:
HRS §463-3) (Imp: §§463-5, 463-7)
§16-97-41 Passing score. A grade of not less than seventy-five per cent
shall be a passing score for the examination. [Eff 3/9/64; am and ren §16-97-41,
7/30/81; am and comp 2/18/86; comp 8/25/88; comp 10/23/00; comp 3/14/11]
(Auth: HRS §463-3) (Imp: HRS §463-3)
§16-97-41.1 Failure to pass examination. Applicants failing to obtain a
passing score after two consecutive attempts may not sit for reexamination within
ninety days of the last failed administration. Applicants failing to obtain a passing
score and to secure a license within one year after filing the application for license
shall reapply as a new applicant. [Eff and comp 3/14/11] (Auth: HRS §463-3)
(Imp: §§463-5, 463-7)
SUBCHAPTER 5
ORAL TESTIMONY
§16-97-42 Oral testimony. (a) The board shall accept oral testimony on
any item which is on the agenda, provided that the testimony shall be subject to
the following conditions:
(1) Each person seeking to present oral testimony shall so notify the
board not later than forty-eight hours prior to the meeting, and at
that time shall state the item on which testimony is to be presented;
(2) The board may request that any person providing oral testimony
submit the remarks, or a summary of the remarks, in writing to the
board;
(3) The board may rearrange the items on the agenda for the purpose
of providing for the most efficient and convenient presentation of
oral testimony;

§16-97-42
97-24
(4) Persons presenting oral testimony shall, at the beginning of the
testimony, identify themselves and the organization, if any, that
they represent;
(5) The board may limit oral testimony to a specified time period but
in no case shall the period be less than five minutes, and the person
testifying shall be informed prior to the commencement of the
testimony of the time constraints to be imposed; and
(6) The board may refuse to hear any testimony which is irrelevant,
immaterial or unduly repetitious to the agenda item on which it is
presented.
(b) Nothing in this section shall require the board to hear or receive
any oral or documentary evidence from a person on any matter which is the
subject of another proceeding pending subject to the hearings relief, declaratory
relief or rule relief provisions of chapter 16-201.
(c) Nothing in this section shall prevent the board from soliciting oral
remarks from persons present at the meeting or from inviting persons to make
presentations to the board on any particular matter on the board's agenda. [Eff
and comp 2/18/86; comp 8/25/88; comp 10/23/00; comp 3/14/11] (Auth: HRS
§463-3) (Imp: HRS §92-3)
SUBCHAPTER 6
LICENSE SUSPENSION AND REVOCATION
§16-97-45 Repealed. [R 2/18/86]
§16-97-46 Grounds for suspension, revocation, and refusal to renew a
license. Failure of any licensee to comply with chapter 463, HRS, or this chapter
shall be grounds for suspension, revocation, or refusal to renew the license after a
hearing, pursuant to chapter 16-201. In addition, the following shall be grounds
for suspension, revocation, or refusal to renew the license:
(1) Any dishonest, fraudulent, or deceitful activity which causes
substantial damage to a licensee's client;
(2) Unfair or deceptive acts or practices as prohibited by section
480-2, HRS;
(3) The abandonment of a contract or project without a reasonable or
legal excuse;

§16-97-46
97-25
(4) The diversion, misappropriation, conversion, or concealment of a
client's funds or property;
(5) Conviction in any jurisdiction of a crime which reflects
unfavorably on the fitness of the licensee to engage in the
profession, provided the sentence has not been annulled or
expunged by court order and provided that licensees may present
evidence to the board as to why any conviction of a crime should
not be the basis for suspension, revocation, or refusal to renew a
license;
(6) Failure to keep proper business records of a client's account or to
maintain possession and custody of property entrusted to a licensee
by a client;
(7) Advertising by means of false and deceptive statements or by
statements which tend to deceive or defraud;
(8) Any use by an agency of an unlicensed person to directly manage
the agency;
(9) Impersonation of a police officer or member of any law
enforcement agency by the licensee or licensee's employee;
(10) Misrepresentation of any material fact in connection with the
submission of employee registration information to the board;
(11) Failure to maintain a current surety bond as required under section
463-12, HRS;
(12) Misrepresentation of a material fact by an applicant in obtaining a
license;
(13) Providing false information to a client with respect to any
surveillance or security project;
(14) Misrepresenting a material fact, on any investigative, surveillance,
or security report;
(15) Soliciting business for an attorney or law firm;
(16) Failure to submit a completed license renewal application form
when due;
(17) Engaging in any illegal or unlawful conduct which reflects
unfavorably on the fitness of the licensee to engage in the
profession;
(18) Found to have undergone psychiatric or psychological treatment or
if any treatment has been recommended for any psychiatric or
psychological disorder which may be detrimental to the profession,
provided that licensees may present statements signed by the
attending physician, psychologist, or psychiatrist attesting to the
licensee's mental and emotional fitness to engage in the profession;

§16-97-46
(19) 	Failing to include the license number on any advertising;
(20) 	Violation of any law or rule of the federal, State, or any county
relating to the carrying of weapons, safety, or labor where the law
or rule has a rational relationship to the qualifications, functions,
duties, or responsibilities of any guard or detective licensee; or
(21) 	Failure in any material respect to comply with chapter 463, HRS,
or this chapter. 	[Eff and comp 2/18/86; comp 8/25/88; comp
10/23/00; am and comp 3/14/11] (Auth: HRS §463-3) (Imp: HRS
§§463-3, 463-15)
§16-97-47 	Board jurisdiction to proceed. 	The lapsing or suspension of a
license by operation of law, or by order or decision by the board or a court of
law, or the voluntary surrender of a license by a licensee shall not deprive the
board of jurisdiction to proceed with any investigation of or action or disciplinary
proceeding against the licensee, or to render a decision suspending or revoking the
license. 	[Eff and comp 2/18/86; comp 8/25/88; comp 10/23/00; comp 3/14/11]
(Auth: HRS §463-3) (Imp: HRS §463-3)
SUBCHAPTER 7
PRACTICE AND PROCEDURE
§16-97-50 	Administrative practice and procedure. 	The rules of practice
and procedures for private detectives and guards shall be as provided in chapter
16-201, the rules of practice and procedure of the department of commerce and
consumer affairs which are incorporated by reference and made a part of this
chapter. 	[Eff and comp 2/18/86; am and comp 8/25/88; comp 10/23/00; comp
3/14/11] (Auth: HRS §91-2) (Imp: HRS §91-2)
97-26

97-27
Amendments to and compilation of chapter 16-97, Hawaii Administrative
Rules, on the Summary Page dated January 20, 2011, were adopted on January
20, 2011, following a public hearing held on January 20, 2011, after public notice
was given in the Pacific Business News, The Garden Island,
Hawaii Tribune-Herald, West Hawaii Today, and The Maui News on
December 10, 2010, and December 12, 2010.
They shall take effect ten days after filing with the Office of the
Lieutenant Governor.
/s/ Warren Ferreira
Warren Ferreira, Chairperson
Board of Private Detectives & Guards
APPROVED AS TO FORM: Date: 2/14/11
/s/ Rodney J. Tam
Deputy Attorney General
APPROVED: Date: 2/17/11
/s/ KealiiS.Lopez
KEALIIS.LOPEZ, Director
Commerce and Consumer Affairs
APPROVED: Date: 3/3/11
/s/ Neil Abercrombie
NEIL ABERCROMBIE
Governor
State of Hawaii
March 4, 2011
Filed

This material can be made available for individuals with special needs. Please call the Program Specialist,
Professional and Vocational Licensing Division, DCCA, at 586-2692 to submit your request.
Effective 03/14/11
DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Amendments and Compilation of Chapter 16-97
Hawaii Administrative Rules
January 20, 2011
SUMMARY
1. §§16-97-2 and 16-97-3 are amended.
2. §§16-97-6 and 16-97-7 are amended.
3. New §§16-97-7.1 and 16-97-7.2 are added.
4. §§16-97-8 and 16-97-9 are amended.
5. §16-97-12 is amended.
6. §§16-97-14 through 16-97-18 are amended.
7. §§16-97-25 and 16-97-26 are amended.
8. §16-97-28 is amended.
9. New §§16-97-28.3 and 16-97-28.5 are added.
10. §16-97-29 is amended.
11. §16-97-31 is amended.
12. §§16-97-34 and 16-97-35 are amended.
13. §16-97-37 is amended.
14. §§16-97-39 and 16-97-40 are amended.
15. A new §16-97-40.1 is added.
16. A new §16-97-41.1 is added.

17. §16-97-46 is amended.
18. Chapter 97 is compiled.