§145-2  Licenses.  No person shall actas a commission merchant, dealer, broker, agent, processor, or retail merchantwithout having obtained a license as prescribed by rules of the department.

In addition to the general requirementsapplicable to all classes of applications as prescribed by rule, the followingrequirements shall apply to each class of application noted:

(1)  Commission merchants and brokers:  Eachapplication shall include a schedule of commissions and charges for services,and the designated commissions and charges shall not be changed or varied forthe license period except by written contract between the parties.  Inaddition, each application shall be accompanied by the surety bond required bysection 145-4.

(2)  Agents:  Each application shall include the nameand address of each commission merchant, dealer, or broker represented orsought to be represented by the agent, the written indorsement or nomination ofthe commission merchant, dealer, or broker, and such additional information asthe department may consider proper or necessary.  The department shallthereupon issue to the applicant a license entitling the applicant to conductthe business described in the application at the place named in the applicationfor a year from the date thereof, or until the same is revoked for cause;provided that the license of an agent shall expire upon the date of expirationof the license of the principal for whom the agent acts.  The department mayalso issue to each agent a card or cards which shall bear the signature of theagent, separate cards being required for each principal.  Any agent shall showthe card or cards upon the request of any interested person.  Any agent whodisplays a void or expired license card shall be punished as provided insection 145-12.

Fraud or misrepresentation in making anyapplication shall ipso facto work a revocation of any license grantedthereunder.  All indicia of the possession of a license shall be at all timesthe property of the State and each licensee shall be entitled to the possessionthereof only for the duration of the license.

For filing the application for license, eachapplicant shall pay a fee as prescribed by the department.

Should any commission merchant, dealer, broker,agent, processor, or retail merchant refuse, fail, or neglect to apply for therenewal of a preexisting license within thirty days after the expirationthereof, a penalty of forty per cent shall apply to and be added to theoriginal fee as prescribed by the department, and shall be paid by theapplicant before the renewal license may be issued.

Any person who has applied for and obtained alicense within the classification of commission merchant, in the manner andupon payment of the fee set forth, may apply for and secure a license in theother classifications without payment of further fee, and upon furthercomplying with those provisions of this part regulating the licensing of theother particular classification involved.  All licenses held by any licenseeunder this section shall automatically expire on the expiration date for theparticular license for which the license fee was paid. [L 1951, c 74, pt of §1;RL 1955, §23-2; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §145-2; amL 1972, c 39, §2; am L 1983, c 258, §2; am L 1984, c 116, §1]