§467-8 - Prerequisites for license, registration, or certificate.

§467-8 Prerequisites for license,
registration, or certificate. (a) No license, registration, or
certificate under this chapter shall be issued to:

(1) Any individual applying for a real estate broker
or salesperson license who does not satisfy the requirements set forth in
section 467-9.5;

(2) Any individual applying for a real estate broker
or salesperson license unless the individual has demonstrated by passing with a
grade satisfactory to the commission an examination appropriate to the license
sought that the individual has a reasonable knowledge of:

(A) Estates, interests, and rights in real
property;

(B) The documents or acts or occurrences by
which property is transferred or otherwise affected;

(D) The laws of the State relating to real
estate brokers and salespersons; and

(E) Other subjects that the commission
determines to be essential for the protection of the general public in its real
estate transactions;

(3) Any person who does not possess a reputation for
or record of competency, honesty, truthfulness, financial integrity, and fair
dealing;

(4) Any partnership unless the real estate brokerage
business thereof is under the direct management of a principal broker who is a
general partner or employee thereof and holds a current active real estate
broker's license;

(5) Any corporation unless the real estate brokerage
business thereof is under the direct management of a principal broker who is an
officer or employee thereof and holds a current active real estate broker's
license;

(6) Any individual applying for a real estate
broker's license who does not have a current Hawaii real estate salesperson's
license;

(7) Any person with a trade name, partnership,
limited liability company, or corporation that is not currently registered with
the business registration division of the department of commerce and consumer
affairs; provided that no real estate salesperson's license shall be approved
or issued with a trade name; or

(8) Any limited liability company unless the real
estate brokerage business is under the direct management of a principal broker
who is a member of a member-managed limited liability company or a manager of a
manager-managed limited liability company or employee and holds a current
active real estate broker's license.

(b) Prior to submitting to prelicensing
education or examination requirements, an individual candidate may request that
the commission consider a preliminary decision as to whether the individual
candidate for a real estate license will be denied a real estate license
pursuant to section 467-8(a)(3). The individual candidate shall submit a
completed application, all information requested by the commission, and the
nonrefundable application fee as provided in rules adopted by the director
pursuant to chapter 91. The preliminary decision shall provide advisory
guidance, shall not be construed as binding, and shall not be subject to
appeal. The individual candidate seeking a preliminary decision shall not be
considered an applicant for licensure. A preliminary decision that is
unfavorable to the individual shall not prevent the individual from submitting
a complete license application and fees after successful completion of the
prelicensing requirements. [L 1933, c 140, §7; RL 1935, §7316; am L 1935, c
126, §3; am L 1941, c 205, pt of §1; RL 1945, §7737; am L 1949, c 276, §1; am L
1951, c 77, §3; RL 1955, §170-7; am L 1957, c 48, §1; am L 1959, c 163, §1; am
imp L 1967, c 187, §2; HRS §467-8; am L 1971, c 16, §1 and c 27, §1; am L 1973,
c 131, §1; am L 1974, c 205, §2(28); am L 1982, c 270, §1; am L 1983, c 116,
§1; gen ch 1985; am L 1989, c 217, §2; am L 1991, c 155, §1; am L 1993, c 71,
§1; am L 1994, c 100, §4; am L 1995, c 241, §3; am L 1999, c 240, §3]

Cross References

Disposal of examination papers, see §94-5.

Case Notes

Cited: 38 H. 9, 10.