§92-17 - Consumer complaints; procedures and remedies.

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

(b) Upon receipt of a written complaint or
upon receipt of an investigation report generated by the board on its own
motion or upon staff investigation which establishes an alleged violation of
any provision of law or rule, the board or its authorized representative shall
notify the licensee or person regulated of the charge against the licensee or
person and conduct a hearing in conformity with chapter 91 if the matter cannot
be settled informally. If the board finds that the charge constitutes a
violation, the board may order one or more of the following remedies as
appropriate 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 as
determined by the board.

The board may also assess the licensee, as a
penalty, any cost incurred in publishing the notice of hearing when service by
registered or certified mail to the address listed on the licensee's record is
unsuccessful.

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

(2) A person whose license or permit has been revoked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

(3) A suspended license or permit shall be reinstated
at the end of the suspension; provided that the suspension does not carry
forward to the next license period, and the person satisfies all licensing
requirements and conditions contained in the order of the suspension. If a
suspension carries forward to the next license period, the board shall not
renew the suspended license or permit during the usual renewal period. At the
end of the suspension period, a person whose license or permit was suspended
may be reinstated upon filing a reinstatement form provided by the board and
payment 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 end
of the suspension, the person's license or permit shall be forfeited.

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

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

(f) The complainant and the licensee or person
regulated may agree to resolve the complaint through final and binding
arbitration pursuant to chapter 658A. In the event of an agreement to
arbitrate, the board may enter an order dismissing any proceeding instituted
pursuant to subsection (b); provided that the order of dismissal may be
conditioned upon prompt and complete compliance with the arbitrator's award.
In the event that the licensee or person regulated fails to comply with the
terms 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 the
remedies set forth in subsection (b).

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

(g) A fine levied in a final order of a board
or commission pursuant to subsection (b) shall be confirmed as a judgment by a
circuit court in which the respondent resides or has property or in which the
act complained of had occurred, by filing the board or commission's final order
any time after thirty days after the issuance of that final order. The judgment
issued thereon shall have the same force and effect and be enforceable and
collectible as any other judgment issued in the circuit court. Nothing herein
shall impair the right of the board or commission to apply to the circuit court
for 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, c
174, §1 and c 204, §8; am L 1983, c 181, §1; am L 1984, c 45, §3; am L 1985, c
45, §1; gen ch 1985; am L 1986, c 274, §2; am L 1993, c 109, §1; am L 2001, c
265, §4]