§444-10.6  State of emergency or disaster;
emergency licensure; penalties.  (a)  Notwithstanding any other provision
of law to the contrary, the board may issue emergency contractor's licenses
during a state of emergency or disaster duly declared by the governor under
chapter 209 upon a determination by the board that a shortage of Hawaii licensed contractors exists.



(b)  To qualify for an emergency contractor's
license, an applicant shall:



(1)  Provide proof of licensure as a contractor in
another state with similar contractor licensing requirements as those in this
State, that the license is current, and that it has been in good standing for
the past two years;



(2)  Provide proof of liability and property damage
insurance, obtained through an insurer authorized to do business in this State
or other insurer acceptable to the board;



(3)  Submit proof of workers' compensation insurance
as specified in the board's rules;



(4)  Submit a current financial statement prepared by
a certified public accountant and applicable credit reports as specified in the
board's rules;



(5)  Pay all applicable application and license fees,
including recovery fund and education fund fees;



(6)  Submit a state tax clearance statement; and



(7)  Provide proof of bond in the amount and in such
form as set forth in section 444-16.5.



(c)  The classifications of emergency
contractor's licenses issued and the duration of the emergency contractor's
licenses shall be determined by the board based on the nature and duration of
the state of emergency or disaster, and the needs and best interests of the
public.



(d)  The board may delegate the issuance of
emergency contractor's licenses to its administrative staff; provided that the
applicant shall be required to meet all of the requirements specified in this
section before the issuance of the license.



(e)  Any person who violates section 444-9, in
connection with the offer or performance of repairs to a residential or
nonresidential structure for damage caused by a natural disaster in a political
subdivision for which a state of emergency or disaster is proclaimed by the
governor, may be punished by a fine of up to $10,000, imprisonment up to one
year, or both, in addition to all other remedies or penalties. [L 1996, c 172,
pt of §2; am L 2007, c 81, §1]