§467-11 Fees; original license and biennial renewals. (a) All fees for applications, registrations, certificates, and any license prescribed by this chapter shall be deposited to the credit of the compliance resolution fund established pursuant to section 26-9(o), and all fees allocated to the real estate education fund shall be as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91.

(b) The biennial renewal fee and completed renewal application shall be submitted to the department of commerce and consumer affairs on or before the commission-prescribed deadline and prior to the expiration date of the license. All real estate licenses expire on December 31 of an even-numbered year. Failure, neglect, or refusal of any duly licensed real estate broker or real estate salesperson to pay the biennial renewal fee and to submit a completed renewal application shall constitute a forfeiture of the license as of January 1 of the subsequent odd-numbered year.

(c) The forfeited license of an individual real estate broker or real estate salesperson may be restored upon compliance with the licensing renewal requirements provided by law; submission of a complete written application; payment of all applicable renewal fees, penalty fees, compliance resolution fund fees, and, if applicable, recovery fund assessments; satisfaction of the applicable requirements in sections 467-8 and 467-9; submission of written documentation demonstrating compliance with section 467-11.5; and, for individual licensees, satisfaction of one of the following as applicable:

(1) For a license forfeited for more than one year but less than four years, the successful completion of the commission-approved course or courses or passage of the commission-approved examination; or

(2) For a license forfeited for more than four years but less than five years, the successful passage of the commission-approved examination.

(d) The license of any individual licensed as a real estate broker or a real estate salesperson who fails to apply for restoration of a forfeited license within five years from the date of forfeiture shall be automatically terminated. Once a license has been terminated pursuant to this section, the individual may apply for a new salesperson license pursuant to and subject to all applicable laws and rules in effect at the time of application.

(e) The license of any real estate broker other than a natural person that fails to apply for restoration of a forfeited license within one year from the date of forfeiture, shall be automatically terminated. Once a license has been terminated pursuant to this section, the entity may apply for a new license pursuant to and subject to all applicable laws and rules in effect at the time of application.

(f) A real estate broker or real estate salesperson may place that person's license on an inactive status by filing an application and setting forth information prescribed or required by the commission; the license shall be renewed on or before the commission-prescribed deadline prior to the expiration date of the license by payment of the biennial renewal fee and submission of a completed renewal application. A real estate broker or real estate salesperson may reactivate that person's inactive license by satisfying section 467-11.5, filing an application setting forth any information as may be prescribed or required by the commission, and paying the proper fee.

(g) The commission may refund any fee erroneously paid to it under this section when the commission deems it just and equitable.

(h) [Subsection effective until June 30, 2020. For subsection effective July 1, 2020, see below. Repeal and reenactment on June 30, 2022. L 2019, c 29, §18(2).] If beginning on July 1, 1987, the education fund balance at the end of any fiscal biennium exceeds $1,200,000, there shall be a moratorium on renewal contributions and the commission shall review and consider a reduction in the amount of license fees.

(h) [Subsection effective July 1, 2020. For subsection effective until June 30, 2020, see above. Repeal and reenactment on June 30, 2022. L 2019, c 29, §18(2).] If the education fund balance attains a funding level of $1,713,510 in any fiscal year, the commission shall either:

(1) Cease accepting payments made by renewing licensees; or

(2) Develop a process to refund monies in excess of the $1,713,510 fund balance to licensees who paid into the fund, and refund such monies.

If acceptance of payments is ceased, it shall remain ceased until the funding level falls below $1,713,510. [L 1933, c 140, §10; RL 1935, §7319; am L 1935, c 126, §4; RL 1945, §7740; am L 1951, c 77, §4; am L 1953, c 252, §2; RL 1955, §170-10; am L 1957, c 188, §1; am L Sp 1959 2d, c 1, §§14, 15; am L 1961, c 184, §26; am L 1963, c 114, §§1, 3; HRS §467-11; am L 1971, c 17, §2; am L 1973, c 142, §1; am L 1975, c 118, §31; am L 1977, c 197, §1(3); am L 1983, c 116, §4; am L 1985, c 249, §1; gen ch 1985; am L 1987, c 283, §36; am L 1988, c 145, §2; am L 1991, c 155, §2; am L 1997, c 232, §9; am L 1999, c 240, §6; am L 2010, c 11, §2; am L 2019, c 29, §10]

Cross References

Real estate education fund, see §467-19.