THE SENATE	S.C.R. NO.	111
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

 

 

REQUESTING THE AUDITOR TO CONDUCT AN AUDIT OF POLICIES, PROCEDURES, AND MANAGEMENT OF THE REAL ESTATE COMMISSION.

 

 

 

     WHEREAS, the Real Estate Commission (Commission) is tasked with the purpose of protecting the general public in its real estate transactions; and

 

     WHEREAS, the Commission oversees 18,557 licensees statewide and 1,591 registered condominium associations; and

 

     WHEREAS, the public has raised many questions about the Commission's operations, including its policies, procedures, and management; and

 

     WHEREAS, the Commission was given authority to adopt administrative rules to implement certain provisions of chapter 514B, Hawaii Revised Statutes, the recodified condominium law, in 2005; and

 

     WHEREAS, the Commission initiated the rulemaking process in 2009; however, it has not yet completed the formal rulemaking process for chapter 514B, Hawaii Revised Statutes; and

 

     WHEREAS, there has never been a comprehensive audit of the Commission's entire organization, management processes, and personnel administration; and

 

     WHEREAS, a review of the Commission's policies, procedures, and management is long overdue; now, therefore,

 

     BE IT RESOLVED by the Senate of the Twenty-eighth Legislature of the State of Hawaii, Regular Session of 2015, the House of Representatives concurring, that the Auditor is requested to perform an audit of the policies, procedures, and management of the Real Estate Commission; and

 

     BE IT FURTHER RESOLVED that the Auditor is requested to include, as part of its audit, an analysis of the Real Estate Commission's practices and procedures regarding:

 

     (1)  Management;

 

     (2)  Investigative powers, including the Commission's award of contracts to other entities to carry out investigations;

 

     (3)  Adoption of administrative rules to implement chapter 514B, Hawaii Revised Statutes;

 

     (4)  The condominium mediation program; and

 

     (5)  Collection of fees relating to condominium mediation and training programs.

 

     BE IT FURTHER RESOLVED that the Auditor is requested to submit a report of any findings and recommendations to the Legislature not later than twenty days prior to the convening of the Regular Session of 2016; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Auditor, the Director of Commerce and Consumer Affairs, and the Chairperson of the Real Estate Commission.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Real Estate Commission; Audit