HOUSE OF REPRESENTATIVES	H.B. NO.	1025
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE PROFESSIONAL AND VOCATIONAL LICENSING ACT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 436B-9, Hawaii Revised Statutes, is amended to read as follows:

"§436B-9 Action on applications; abandoned applications. (a) Unless otherwise provided by law, each licensing authority shall take the following actions within one year after the filing of a complete application for licensure:

(1) If it deems appropriate, conduct an investigation of the applicant; and

(2) Notify the applicant in writing by mail of the decision regarding the application for licensure[.] addressed to the last address on file with the licensing authority. If the application has been denied, written notice of the decision shall state specifically the reason for denying the application and shall inform the applicant of the right to a hearing under chapter 91.

(b) An [application] applicant whose application for license is incomplete shall be considered to [be] have abandoned the application if [an applicant fails to provide evidence of continued efforts to complete the licensing process for two consecutive years; provided that the failure to provide evidence of continued efforts includes but is not limited to:

(1) Failure to submit the required documents and other information requested by the licensing authority within two consecutive years form the last date the documents or other information were requested; or

(2) Failure to provide the licensing authority with any written communication during two consecutive years indicating that the applicant is attempting to complete the licensing process, including but not limited to attempting to complete the examination requirement; and

provided further that the licensing authority may extend the above time periods by rule. The licensing authority shall not be required to act on any abandoned application, and the application may be destroyed by the licensing authority or its delegate. If the application is deemed abandoned by the licensing authority, the applicant shall be required to reapply for licensure and comply with the licensing requirements in effect at the time of reapplication.] the applicant does not submit all required documents, data, and information within a period of one year from the date of mailing to the applicant by the licensing authority of a written notice that the application is incomplete addressed to the last address on file with the licensing authority.

(c) An applicant whose application for examination has been accepted shall be considered to have abandoned the application if the applicant does not take such examination within a one-year period from the date of a written notice of eligibility to take the examination, addressed to the last known address on file with the licensing authority.

(d) An applicant whose application for examination has been rejected shall be considered to have abandoned the application if the applicant does not submit evidence that all deficiencies specified in a written notice of rejection and take an examination within a one-year period from the date of the written notice addressed to the last address on file with the licensing authority.

(e) Submission of additional data, requests for reconsideration or re-evaluation, or other inquiries or statements involving an application shall not extend the respective time periods specified in subsections (b), (c), and (d).

(f) The licensing authority shall not be required to act on any abandoned application, and the application may be destroyed by the licensing authority or its delegate. An application submitted subsequent to the abandonment of a former application shall be treated as a new application. The applicant shall comply with the licensing requirements in effect at the time of reapplication."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	BY REQUEST

Report Title:

Professional and Vocational Licensing; Abandonment

Description:

Amends the Professional and Vocational Licensing Act to reduce the time frame for which an application is considered abandoned from two years to one year and to specify how this one-year period applies to the process for applications for examination.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.