§436B-8 Delegation of authority. (a) The board shall delegate to the department the authority to receive, arbitrate, investigate, and prosecute any complaint against a licensee.
(b) A licensing authority may delegate to the executive secretary, or other designee, any of its powers or duties as it deems reasonable and proper. The delegation of powers and duties by the licensing authority shall be made in accordance with the procedures set forth in section 436B-6(c). However, the licensing authority shall not delegate its discretionary functions resulting in a final decision, including but not limited to the following:
(1) Adopting, amending, or repealing rules;
(2) Ordering disciplinary action against a licensee, including the revocation, suspension, or imposition of conditions or fines; provided that summary suspensions may be delegated; and
(3) Granting, denying, or otherwise conditioning license applications, unless the granting, denying, or conditioning of a license does not require the exercise of the licensing authority's expertise and discretion. [L 1991, c 111, pt of §2; am L 1992, c 202, §10]
Structure Hawaii Revised Statutes
Title 25. Professions and Occupations
436B. Uniform Professional and Vocational Licensing Act
436B-3 Applicability; prevailing provisions; construction.
436B-6 Organization of boards.
436B-7 Powers and duties of licensing authority.
436B-8 Delegation of authority.
436B-9 Action on applications; abandoned applications.
436B-10 Application and requirements for licensure.
436B-11 Additional licensure requirements.
436B-13.3 Inactive license; reactivation of inactive license.
436B-14 Restoration of forfeited license.
436B-14.5 Extension of licenses for members of the armed forces, National Guard, and reserves.
436B-14.6 Licensure by endorsement or licensure by reciprocity; experience requirements.
436B-14.8 Licensure; acceptance of military education, training, or service.
436B-15.5 Conversion of license.
436B-16 Notice of judgments, penalties.
436B-17 Filing of current addresses.
436B-19.5 Suspension or denial of license for noncompliance with child support order.
436B-22 Relinquishment no bar to jurisdiction.
436B-25 Judicial review by circuit court.
436B-26 No compensation for unlicensed activity; civil action.
436B-26.5 Citation for unlicensed activity; civil penalties.