REAL ESTATE COMMISSION MEETING
Professional and Vocational Licensing Division
Department of Commerce and Consumer Affairs
State of Hawaii
Date: Friday, February 22, 2019
Time: 9:00 a.m.
Place: Queen Liliuokalani Conference Room
King Kalakaua Building
335 Merchant Street, First Floor
The Commission may move into Executive Session to consider and evaluate personal information relating to individuals applying for licensure in accordance with Section 92-5(a)(1), HRS, and/or to consult with the Commission's attorney on questions and issues pertaining to the Commission's powers, duties, privileges, immunities, and liabilities in accordance with Section 92-5(a)(4), HRS.
1. Call to Order, Public Notice, Quorum
2. Chair's Report
3. Executive Officer's Report
The Commission shall afford all interested persons an opportunity to submit data, views, or arguments, in writing, on any agenda item and shall provide all interested parties an opportunity to present oral testimony on any agenda item subject to the conditions set forth in Section 16-99-83, HAR. The Commission may remove any person or persons, who willfully disrupt a meeting to prevent and compromise the conduct of the meeting in accordance with Section 92-3, HRS.
b. Introductions, Correspondence and Additional Distributions
c. Minutes of Previous Meeting
4. Committees and Program of Work
a. Laws and Rules Review Committee
1) Legislative and Government Participation Report
a) SB 202 Relating to Professional and Vocational Regulatory Programs - Establishes repeal dates for all professional and vocational regulatory programs under the professional and vocational licensing division of the department of commerce and consumer affairs. Requires the auditor to perform an evaluation of each program prior to repeal.
b) SB 306 Relating to Condominiums - Requires the real estate commission to receive any complaints regarding disputes between a condominium association and a unit owner or any complaints referred to mandatory mediation, mandatory arbitration, or voluntary binding arbitration.
c) SB 439 / HB 213 Relating to Licensed Professionals - Requires the department of commerce and consumer affairs to post the business address and business phone number of each licensed professional on its public website.
d) SB 551 Relating to Condominiums - Clarifies that a condominium association may exercise nonjudicial or power of sale foreclosure remedies regardless of the presence or absence of power of sale language in an association's governing documents. Takes effect on 7/1/2050. (SD1)
e) SB 770 / HB 63 Relating to Real Estate Licenses - Requires a high school education or its equivalent as a condition for obtaining a license as a real estate broker or real estate salesperson.
f) SB 774 / HB 73 Relating to Professional and Vocational Licensing - Prohibits a licensing authority from using rules to supersede requirements set forth in licensing laws and adopting rules that authorize an unlicensed individual to perform duties, activities, or functions that, if performed by another professional, would require licensure of that professional.
g) HB 112 Relating to Taxation - Requires a tax clearance before a professional or vocational license may be issued or renewed. Applies to taxable years after 12/31/2020.
h) HB 810 Relating to Condominiums - Enables condominium associations to adopt rules and regulations that require unit owners to prohibit smoking inside a condominium unit as part of any lease agreement, on any lanai of a condominium unit, and in all common elements.
i) HB 811 / SB 552 Relating to Condominiums - Revives for 1 year specified sections of repealed chapter 514A, HRS, to allow developers whose condominium property regimes were issued an effective date pursuant to sections 514A-40 and 514A-41, HRS, to update their public reports without revising any of the associated documents and have their public reports and disclosure abstracts treated as non-expiring developer's public reports under part IV of chapter 514B, HRS.
j) HB 1528 Relating to Commerce and Consumer Affairs - Requires the Department of Commerce and Consumer Affairs to suspend all fees relating to the licensing or registration of persons under its jurisdiction, from the fiscal year beginning in 2021 to the fiscal year ending in 2029.
k) SB 464 Relating to Private Property - Authorizes a property owner or agent to enter adjacent property under certain conditions to eradicate albizia trees before they become hazardous. Provides defense to criminal prosecution.
b. Condominium Review Committee
c. Education Review Committee Review Committee
5. Licensing and Registration - Ratification
6. Chapter 91, Hawaii Revised Statutes, Adjudicatory Matters
a. In the Matter of the Real Estate License of Daniel R.T. Carlson: REC 2018-289-L; Settlement Agreement Prior to Filing of Petition for Disciplinary Action and Commission's Final Order
b. In the Matter of the Real Estate License of Tabatha D. Hazen: REC 2018-283-L; Settlement Agreement Prior to Filing of Petition for Disciplinary Action and Commission's Final Order
7. Licensing - Applications
a. Deanna Brooke Tully fka Deanna Perlowin
b. Jacob Valentin
c. Alesia J. Borja
d. Carolyn Yvonne Landon
e. Foundation Property Management, Inc.
8. Next Meeting: Friday, March 22, 2019, 9:00 a.m.
Queen Liliuokalani Conference Room
King Kalakaua Building
335 Merchant Street, First Floor
If you need an auxiliary aid/service or other accommodation due to a disability, contact Miles Ino, Executive Officer, at (808) 586-2643 or at firstname.lastname@example.org, as soon as possible, preferably within two (2) business days of the meeting. If a response is received after that date, we will try to obtain the auxiliary aid/service or accommodation, but we cannot guarantee that the request will be fulfilled.
Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy.