§92-17  Consumer complaints; procedures andremedies.  (a)  All boards as defined by section 92-2(1) established tolicense or regulate any profession, occupation, industry, or service, shallreceive complaints from consumers and other persons claiming to be aggrieved bybusiness practices related to their respective jurisdictions.

(b)  Upon receipt of a written complaint orupon receipt of an investigation report generated by the board on its ownmotion or upon staff investigation which establishes an alleged violation ofany provision of law or rule, the board or its authorized representative shallnotify the licensee or person regulated of the charge against the licensee orperson and conduct a hearing in conformity with chapter 91 if the matter cannotbe settled informally.  If the board finds that the charge constitutes aviolation, the board may order one or more of the following remedies asappropriate relief:

(1)  Refunding the money paid as fees for services;

(2)  Correcting the work done in providing services;

(3)  Revocation of the licensee's permit or license;

(4)  Suspension of the licensee's permit or license;

(5)  Imposition of a fine; and

(6)  Any other reasonable means to secure relief asdetermined by the board.

The board may also assess the licensee, as apenalty, any cost incurred in publishing the notice of hearing when service byregistered or certified mail to the address listed on the licensee's record isunsuccessful.

(c)  Notwithstanding any provision to thecontrary:

(1)  No license or permit shall be suspended by theboard for a period exceeding five years.

(2)  A person whose license or permit has been revokedby the board may not reapply for a license until the expiration of at leastfive years from the effective date of the revocation of the license or permit.

(3)  A suspended license or permit shall be reinstatedat the end of the suspension; provided that the suspension does not carryforward to the next license period, and the person satisfies all licensingrequirements and conditions contained in the order of the suspension.  If asuspension carries forward to the next license period, the board shall notrenew the suspended license or permit during the usual renewal period.  At theend of the suspension period, a person whose license or permit was suspendedmay be reinstated upon filing a reinstatement form provided by the board andpayment of the renewal fees, satisfaction of any other renewal requirements,and fulfillment of conditions, if any, contained in the order of suspension. If the person fails to file for reinstatement within thirty days after the endof the suspension, the person's license or permit shall be forfeited.

(d)  The failure or refusal of the licensee tocomply with any board order, including an order of license suspension, shallalso constitute grounds for further disciplinary action, including a suspensionor revocation of license, imposition of which shall be subject to chapter 91and the procedural rules of the board.  The board may also apply to any circuitcourt for injunctive relief to compel compliance with the board's order.  Whereappropriate, the board shall refer for prosecution to the proper authority anypractice constituting a violation which is subject to criminal penalty.

(e)  If the subject matter of the complaintdoes not come within its jurisdiction, or if it is found that the charge doesnot constitute a violation, the board shall notify and inform the complainantin writing with regard to the reasons for its inability to act upon the complaint.

(f)  The complainant and the licensee or personregulated may agree to resolve the complaint through final and bindingarbitration pursuant to chapter 658A.  In the event of an agreement toarbitrate, the board may enter an order dismissing any proceeding institutedpursuant to subsection (b); provided that the order of dismissal may beconditioned upon prompt and complete compliance with the arbitrator's award. In the event that the licensee or person regulated fails to comply with theterms of the arbitrator's award, the board may reopen the proceeding and may,after a hearing in conformity with chapter 91, order one or more of theremedies set forth in subsection (b).

Notwithstanding any provision of chapter 658Ato the contrary, an arbitration agreement entered into pursuant to this sectionshall be approved by the board, and the parties shall agree on an arbitratorwithin five days after execution of the agreement.  If the parties fail toagree on an arbitrator within the time above prescribed, the board may appointan arbitrator from a list of arbitrators maintained for that purpose by thedepartment of commerce and consumer affairs.

(g)  A fine levied in a final order of a boardor commission pursuant to subsection (b) shall be confirmed as a judgment by acircuit court in which the respondent resides or has property or in which theact complained of had occurred, by filing the board or commission's final orderany time after thirty days after the issuance of that final order.  The judgmentissued thereon shall have the same force and effect and be enforceable andcollectible as any other judgment issued in the circuit court.  Nothing hereinshall impair the right of the board or commission to apply to the circuit courtfor injunctive relief pursuant to subsection (d). [L 1974, c 117, §2; HRS§92-13; ren §92-17; am L 1977, c 94, §1; am L 1978, c 158, §1; am L 1982, c174, §1 and c 204, §8; am L 1983, c 181, §1; am L 1984, c 45, §3; am L 1985, c45, §1; gen ch 1985; am L 1986, c 274, §2; am L 1993, c 109, §1; am L 2001, c265, §4]