HRS §26H-1 §26H‑1 Title.
26H-1. §26H‑1 Title.
This chapter shall be
known as the "Hawaii Regulatory Licensing Reform Act".
L 1977, c 70,
pt of §2
HAWAII REGULATORY LICENSING REFORM ACT
HRS div. 1, tit. 4, ch. 26H
in effectHRS §26H-2 §26H‑2 Policy.
26H-2. §26H‑2 Policy.
The legislature hereby
adopts the following policies regarding the regulation of certain professions
and vocations:
(1) The regulation and licensing of professions and
vocations shall be undertaken only where reasonably necessary to protect the
health, safety, or welfare of consumers of the services; the purpose of
regulation shall be the protection of the public welfare and not that of the
regulated profession or vocation;
(2) Regulation in the form of full licensure or other
restrictions on certain professions or vocations shall be retained or adopted
when the health, safety, or welfare of the consumer may be jeopardized by the
nature of the service offered by the provider;
(3) Evidence of abuses by providers of the service
shall be accorded great weight in determining whether regulation is desirable;
(4) Professional and vocational regulations which
artificially increase the costs of goods and services to the consumer shall be
avoided except in those cases where the legislature determines that this cost
is exceeded by the potential danger to the consumer;
(5) Professional and vocational regulations shall be
eliminated when the legislature determines that they have no further benefits
to consumers;
(6) Regulation shall not unreasonably restrict entry
into professions and vocations by all qualified persons; and
(7) Fees for regulation and licensure shall be
imposed for all vocations and professions subject to regulation; provided that
the aggregate of the fees for any given regulatory program shall not be less
than the full cost of administering that program.
[L 1977, c 70, pt of §2; am L
1980, c 142, §1; am L 1996, c 45, §1]
HRS §26H-2.5 [§26H‑2.5] Impact of inclusion.
26H-2.5. [§26H‑2.5] Impact of inclusion.
The
inclusion of any regulatory program into the provisions of this chapter shall
not be held to confer any regulatory authority or jurisdiction on any
department which does not otherwise have jurisdiction. In particular, the
department of commerce and consumer affairs shall not be conferred any
authority or jurisdiction not directly conferred by assignment of a regulatory
measure to that department.
[L 1990, c 166, §2]
HRS §26H-3 §26H‑3 Definitions.
26H-3. §26H‑3 Definitions.
As used in this
chapter:
"Director" means the director of
commerce and consumer affairs.
"Repeal date" means the effective
date of repeal established for various chapters by section 26H‑4.
[L 1977, c
70, pt of §2; am L 1979, c 121, §1; am L 1982, c 204, §8; am L 1983, c 124,
§17]
HRS §26H-5 §26H‑5 Evaluation; report.
26H-5. §26H‑5 Evaluation; report.
(a) The
legislative auditor shall evaluate each board, commission, and regulatory
program subject to repeal by section 26H‑4 and shall submit an evaluation
report to the legislature prior to the convening of the regular session of the
year of the repeal date. The evaluation shall assess whether the regulatory
program as established complies with the policies established by section 26H‑2
and whether the public interest requires that the law establishing the
regulatory program be reenacted, modified, or permitted to expire.
(b) If the auditor finds that the law
establishing the regulatory program should be modified, the auditor shall
incorporate in the auditor's report, drafts of recommended legislation to be
considered for enactment and that if enacted, would improve the policies,
procedures, and practices of the regulatory program evaluated. The auditor may
request the assistance of the legislative reference bureau in drafting
recommended legislation. Any other law to the contrary notwithstanding, the
auditor may release copies of preliminary reports to the legislative reference
bureau if the auditor requests the legislative reference bureau's assistance
under this subsection. The legislative reference bureau shall comply with the
auditor's request if the auditor provides a copy of the preliminary report to
the bureau at the same time the report is provided to a board, commission, or
regulatory program pursuant to subsection (d).
(c) Each board or commission and the director
shall assist the auditor in collecting and reporting data as the auditor may
require to conduct the evaluation. Even if the auditor finds that the law
establishing the regulatory program should not be reenacted, the auditor shall
evaluate the effectiveness and efficiency of the regulatory program and make
appropriate recommendations to improve the policies, procedures, and
practices. The legislature may hold a public hearing on each evaluation
report. If the auditor finds that the law establishing a regulatory program
should be permitted to expire, the auditor shall make recommendations, if
needed, for appropriate restrictions to be placed on the program subsequent to
the termination of regulation.
(d) The legislative auditor shall provide each
board, commission, or regulatory program evaluated pursuant to this chapter not
less than thirty days to review and comment upon the evaluation report prior to
submission of the report to the legislature; provided that if the legislative
auditor fails to provide the thirty-day review and comment period to the board,
commission, or regulatory program being evaluated, the law establishing the
regulatory program that is subject to repeal shall be automatically reenacted
for a period of one year. If the legislative auditor receives written comments
from the board, commission, or department of commerce and consumer affairs, the
legislative auditor shall append the written comments to each copy of the
evaluation report prior to submission to the legislature.
(e) Except as provided in this chapter, no
board, commission, or regulatory program shall be evaluated automatically by
the auditor. Nothing in this section is intended to prevent the auditor from
conducting an evaluation of a board, commission, or regulatory program at the
specific request or direction of the legislature.
[L 1977, c 70, pt of §2; am L
1979, c 121, §2; am L 1980, c 142, §2; am L 1981, c 87, §3; am L 1982, c 204,
§8; am L 1986, c 136, §1; am L 1994, c 279, §4]
HRS §26H-6 §26H‑6 New regulatory measures.
26H-6. §26H‑6 New regulatory measures.
New
regulatory measures being considered for enactment that, if enacted, would
subject unregulated professions and vocations to licensing or other regulatory
controls shall be referred to the auditor for analysis. Referral shall be by
concurrent resolution that identifies a specific legislative bill to be
analyzed. The analysis required by this section shall set forth the probable
effects of the proposed regulatory measure and assess whether its enactment is
consistent with the policies set forth in section 26H‑2. The analysis also
shall assess alternative forms of regulation. The auditor shall submit each
report of analysis to the legislature.
[L 1977, c 70, pt of §2; am L 1979, c
121, §3; am L 1984, c 156, §2; am L 1996, c 270, §3]
HRS §26H-7 §26H‑7 Repeal of subsections.
26H-7. §26H‑7 Repeal of subsections.
Any
subsection of section 26H‑2 may be repealed or amended and such action shall
not affect other provisions or applications of this chapter.
L 1977, c 70, pt
of §2
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol01_Ch0001-0042F/HRS0026H/HRS_0026H-.htmFetched: 11/10/2026