Hawaii Administrative Code

The failure to timely renew the registration, submit the required documentation, have a current client trust account, bond or irrevocable letter of credit in effect, or pay the required fees with a check which is honored upon first deposit shall cause the registration to be autom…

(a) A registration which has been forfeited for failing to renew the registration may be restored within six months of the forfeiture, provided the applicant pays the appropriate fees, including restoration fees, and submits evidence of establishment of a client trust account or …

(a) The director may refuse to renew or restore the registration for failure or refusal of the applicant or registrant:(1) To properly complete or timely submit the application, all fees, and required documentation; (2) To provide evidence that the activity desk's practices are i…

In addition to any other acts or conditions provided by law, the director may deny, revoke, suspend, refuse to renew or restore, or condition in any manner, any registration for any one or more of the following acts or conditions: (1) Failure to meet or maintain the conditions an…

The rules of practice and procedure for activity desks shall be as provided in chapter 16-201. Notes Haw. Code R. § 16-117-60 [Eff 1/16/93] (Auth: §§ -2, -17, Act 231, SLH 1992) (Imp: §§ 91-2, -17, Act 231, SLH 1992)

(a) The fees for applications, registration, renewal, restoration, and compliance resolution shall be as follows:(1) Application fee ......................... $20 (2) Registration fee .......................... $40 (3) Biennial renewal fee ...................... $20 (4) Restorati…

The fees, if in the form of money order or check, shall be made payable to the department of commerce and consumer affairs. Notes Haw. Code R. § 16-117-66 [Eff 1/16/93] (Auth: §§ -2, -17, Act 231, SLH 1992) (Imp: § -2, Act 231, SLH 1992)

The dishonoring of any check upon first presentment shall be considered a failure to meet the requirements herein. Notes Haw. Code R. § 16-117-67 [Eff 1/16/93] (Auth: §§ -2, -17, Act 231, SLH 1992) (Imp: §§ -2, -17, Act 231, SLH 1992)

The director shall have the following powers and duties: (1) To grant, deny, renew, or refuse to renew permission to engage in the activity desk business; (2) To enforce this chapter and Act 231, Session Laws of Hawaii 1992; (3) To establish fees; and (4) To suspend or revoke any…

The director may delegate any of the director's powers and duties as the director deems reasonable and proper, provided that the director shall not delegate the director's power and duty to: (1) Adopt, amend, or repeal rules; (2) Suspend or revoke any registration for any violati…

(a) The following standards are applicable to all Medicare supplement policies or certificates delivered or issued for delivery in this State with an effective date for coverage on or after June 1, 2010. No policy or certificate may be advertised, solicited, delivered, or issued …

(a) No policy or certificate that provides coverage of the Medicare Part B deductible may be advertised, solicited, delivered, or issued for delivery in this State as a Medicare supplement policy or certificate to individuals newly eligible for Medicare on or after January 1, 202…

(a) (1) This section shall apply to Medicare Select policies and certificates, as defined in this section. (2) No policy or certificate may be advertised as a Medicare Select policy or certificate unless it meets the requirements of this section. (b) For the purposes of this sect…

(a) Any accident and sickness insurance policy or certificate other than a Medicare supplement policy, any policy issued pursuant to a contract under Section 1876 of the Federal Social Security Act (42 U.S.C. Section 1395 et seq.), any disability income policy, or any other polic…

(a) Application forms shall include questions designed to elicit information as to whether, as of the date of the application, the applicant currently has Medicare supplement, Medicare Advantage, Medicaid coverage, or other health insurance policy or certificate in force or wheth…

(a) An issuer shall provide a copy of any Medicare supplement advertisement intended for use in this State whether through written, radio, or television medium to the commissioner for review or approval by the commissioner to the extent it may be required under state law. That ad…

If any provision of this chapter or the application thereof to any person or circumstance is for any reason held to be invalid, the remainder of the chapter and the application of that provision to other persons or circumstances shall not be affected thereby." Notes Haw. Code R. …

(a) An issuer, directly or through its producers, shall:(1) Establish marketing procedures to assure that any comparison of policies by its agents or other producers will be fair and accurate. (2) Establish marketing procedures to assure excessive insurance is not sold or issued.…

(a) As soon as practicable, but no later than thirty days prior to the annual effective date of any Medicare benefit changes, an issuer shall notify its policyholders and certificate holders of modifications it has made to Medicare supplement insurance policies or certificates in…

(a) In recommending the purchase or replacement of any Medicare supplement policy or certificate an agent shall make reasonable efforts to determine the appropriateness of a recommended purchase or replacement. (b) Any sale of a Medicare supplement policy or certificate that will…

Notes Haw. Code R. § 16-12-7.5 12/27/90

(a) On or before March 1 of each year, an issuer shall report to the commissioner in substantially the form entitled Appendix B (Exhibit B (revised 2019)), located at the end of this chapter, which is made a part of this section, the following information for every individual res…

(a) The following provisions of this subsection establish loss ratio standards: (1) (A) A Medicare supplement policy form or certificate form shall not be delivered or issued for delivery unless the policy form or certificate form can be expected, as estimated for the entire peri…

(a) If a Medicare supplement policy or certificate replaces another Medicare supplement policy or certificate, the replacing issuer shall waive any time periods applicable to preexisting conditions, waiting periods, elimination periods, and probationary periods in the new Medicar…

(a) This section applies to all policies with policy years beginning on or after May 21, 2009. (b) An issuer of a Medicare supplement policy or certificate:(1) Shall not deny or condition the issuance or effectiveness of the policy or certificate (including the imposition of any …

As used in this chapter: "Cable franchise" means a nonexclusive initial authorization or renewal thereof issued pursuant to chapter 440G, Hawaii Revised Statutes, whether the authorization is designated as a franchise, permit, order, contract, agreement, or otherwise, which autho…

All interior wiring in a single-family dwelling and multiple-dwelling buildings necessary to provide cable service, including all cable outlets, shall be installed and maintained by the operator, except as allowed in section 16-131-12 and applicable tariffs. Notes Haw. Code R. § …

In all cases where the subscriber has, through installation and other charges, underwritten the cost of materials and supplies necessary for the connection of subscriber equipment to the distribution lines of the cable system, these materials, supplies, and connections shall be d…

Cable or wire facilities owned by the subscriber and meeting all federal and state cable technical standards, in particular radiation and system isolation, may be connected with the facilities of the cable operator when otherwise provided for in this chapter or in the cable opera…

Any signal failure resulting in diminution in signal quality shall be reported to the cable operator. Notes Haw. Code R. § 16-131-13 [Eff 6/22/81; am and comp 7/28/88; comp 12/23/91; comp 12/3/08] (Auth: HRS § 440G-12) (Imp: HRS § 440G-12)

Minor system faults shall be corrected within eight hours from the time first reported to the cable operator. Notes Haw. Code R. § 16-131-14 [Eff 6/22/81; am and comp 7/28/88; comp 12/23/91; comp 12/3/08] (Auth: HRS § 440G-12) (Imp: HRS § 440G-12)

In the case of major system faults, corrective action shall be taken to restore service immediately. Major system faults shall be reported to the director. Notes Haw. Code R. § 16-131-15 [Eff 6/22/81; am and comp 7/28/88; comp 12/23/91; comp 12/3/08] (Auth: HRS § 440G-12) (Imp: H…

In the event the subscriber's service is interrupted other than by the negligence or willful act of the subscriber and remains out of order for twenty-four hours or longer after being reported to be out of order, appropriate adjustments or refunds shall be made to the subscriber.…

Service to a subscriber may be discontinued for the non-payment of a bill if the bill has not been paid within thirty days after presentation, provided that the cable operator thereafter gives the subscriber at least ten days actual notice. Notes Haw. Code R. § 16-131-17 [Eff 6/2…

Service furnished a subscriber may be refused or discontinued by the cable operator for non-payment of a bill for cable services furnished to the same subscriber at another location. Notes Haw. Code R. § 16-131-18 [Eff 6/22/81; am and comp 7/28/88; comp 12/23/91; comp 12/3/08] (A…

Except as otherwise set forth in this chapter, the services of a subscriber may be discontinued for noncompliance with any rule or condition under which the service is furnished, provided ten days actual notice is given advising the subscriber of the particular rule or condition …

Any service order is a request for service but does not bind the cable operator to furnish the service except as set forth in the tariffs; nor does it bind the applicant to take service. Notes Haw. Code R. § 16-131-2 [Eff 6/22/81; am and comp 7/28/88; comp 12/23/91; comp 12/3/08]…

The cable operator has the right to refuse service and to discontinue service if the cable operator finds that an applicant or subscriber has furnished false or misleading information in obtaining service or credit. Notes Haw. Code R. § 16-131-20 [Eff 6/22/81; am and comp 7/28/88…

The cable operator has the right to refuse service or to discontinue service when the intended or actual use of the service will adversely affect other subscribers. Notes Haw. Code R. § 16-131-21 [Eff 6/22/81; am and comp 7/28/88; comp 12/23/91; comp 12/3/08] (Auth: HRS § 440G-12…

Bills for service shall be rendered at one month intervals. Bills may be rendered at other intervals with the approval of the director. Notes Haw. Code R. § 16-131-22 [Eff 6/22/81; comp 7/28/88; comp 12/23/91; comp 12/3/08] (Auth: HRS § 440G-12) (Imp: HRS § 440G-12)

Service charges for less than a billing month shall be a proration of the regular monthly rate. Notes Haw. Code R. § 16-131-23 [Eff 6/22/81; am and comp 7/28/88; comp 12/23/91; comp 12/3/08] (Auth: HRS § 440G-12) (Imp: HRS § 440G-12)

In the event of a dispute between a subscriber and the cable operator respecting any bill, charge, or service, the cable operator shall immediately make an investigation and report the result thereof to the subscriber. In the event the matter cannot be satisfactorily adjusted, th…

(a) Tariff filings shall be in accordance with the following:(1) All rules and rate schedules shall be filed in loose leaf form on size 8-1/2 x 11 inch sheets. Each sheet shall be plainly typewritten, printed, or otherwise reproduced by a durable process on paper of good quality.…

The cable operator shall maintain on file at each of its offices, all of the cable operator's rules and rate schedules applicable to the service area. All rules and rate schedules shall be available for public inspection at all reasonable times. Notes Haw. Code R. § 16-131-26 [Ef…

All tariffs filed with the director shall utilize the following format: Schedule No. TABLE OF CONTENTS A PRELIMINARY STATEMENT B CONDITIONS OF SERVICE C RATES AND CHARGES D LINE EXTENSION POLICY E AREAS SERVED F (b) The preliminary statement section shall include a description of…

The rates, charges, and terms of service submitted and approved by the director to the extent permissible under law, shall be maximum rates and terms which may be charged for cable communications service. The cable operators may offer nondiscriminatory lower rates. Notes Haw. Cod…

Notes Haw. Code R. § 16-131-29 R 12/23/91