Hawaii Administrative Code

(a) For any ordinary life insurance policy delivered or issued for delivery in this State on and after January 1, 2005, that utilizes the same premium rates and charges for male and female lives or is issued in circumstances where applicable law does not permit distinctions on th…

The purpose of this subchapter is to recognize, permit, and prescribe the use of mortality tables that reflect differences in mortality between preferred and standard lives in determining minimum reserve liabilities in accordance with sections 431:5-307 and 431:10D-104, HRS. Note…

As used in this subchapter: "2001 CSO Mortality Table" means that mortality table, consisting of separate rates of mortality for male and female lives, developed by the American Academy of Actuaries CSO Task Force from the Valuation Basic Mortality Table developed by the Society …

(a) At the election of insurer, for each calendar year of issue, for any one or more specified plans of insurance and subject to satisfying the conditions stated in this subchapter, the 2001 CSO Preferred Class Structure Mortality Table may be substituted in place of the smoker a…

(a) For each plan of insurance with separate rates for preferred and standard nonsmoker lives, an insurer may use the Super Preferred Nonsmoker, Preferred Nonsmoker, and Residual Standard Nonsmoker tables to substitute for the nonsmoker mortality table found in the 2001 CSO Morta…

(a) The purpose of this subchapter is to protect active duty service members of the United States Armed Forces from dishonest and predatory insurance sales practices by declaring certain identified practices to be false, misleading, deceptive, or unfair. (b) Nothing herein shall …

As used in this subchapter: "Active duty" means full-time duty in the active military service of the United States Armed Forces, National Guard, and reserves while serving under published orders for active service or full-time training. The term does not include members of the Na…

(a) This subchapter shall apply only to the solicitation or sale of any life insurance or annuity product by an insurer or insurance producer to an active duty service member of the United States Armed Forces. (b) This subchapter shall not apply to solicitations or sales involvin…

(a) The following acts or practices when committed on a military installation by an insurer or insurance producer with respect to the in-person, face-to-face solicitation of life insurance are declared to be false, misleading, deceptive, or unfair: (1) Knowingly soliciting the pu…

(a) The following acts or practices by an insurer or insurance producer constitute a corrupt practice, improper influence, or inducement and are declared to be false, misleading, deceptive, or unfair. They include, but are not limited to: (1) Submitting, processing or assisting i…

If any provision of these sections or the application thereof to any person or circumstance is held invalid for any reason, the invalidity shall not affect the other provisions or any other application of these sections, which can be given effect without the invalid provisions or…

Notes Haw. Code R. §§ 16-171-801 to 16-171-808 R 12/13/12

(a) The purpose of this subchapter is to provide:(1) Tables of select mortality factors and rules for their use; (2) Rules concerning a minimum standard for the valuation of plans with nonlevel premiums or benefits; and (3) Rules concerning a minimum standard for the valuation of…

(a) This subchapter shall apply to all life insurance policies, with or without nonforfeiture values, and subject to the exceptions and conditions set forth in subsections (b) and (c). (b) Exceptions: (1) This subchapter shall not apply to any individual life insurance policy iss…

For purposes of this subchapter: "1980 CSO valuation tables" means the Commissioners' 1980 Standard Ordinary Mortality Table ("1980 CSO Table") without ten-year selection factors, incorporated into the 1980 amendments to the NAIC Standard Valuation Law, and variations of the 1980…

(a) At the election of the company for any one or more specified plans of life insurance, the minimum mortality standard for basic reserves may be calculated using the 1980 CSO valuation tables with select mortality factors, or any other valuation mortality table adopted by the N…

(a) Basic reserves shall be calculated as the greater of the segmented reserves and the unitary reserves. Both the segmented reserves and the unitary reserves for any policy shall use the same valuation mortality table and selection factors. At the option of the insurer, in calcu…

(a) General. (1) Policies with a secondary guarantee include:(A) A policy with a guarantee that the policy will remain in force at the original schedule of benefits, subject only to the payment of specified premiums; (B) A policy in which the minimum premium at any duration is le…

As used in this chapter: "Administrative costs" means all costs incident to the management, supervision, or conduct of the insurance division and supporting offices and divisions, including, but not limited to, programs of the insurance division, professional, technical, and pers…

This chapter shall apply to all insurers or entities regulated under title 24, who are subject to the assessment in section 431:2-215, HRS. Notes Haw. Code R. § 16-175-2 [Eff 2/16/02] (Auth: HRS § 431:2-201) (Imp: HRS § 431:2-215)

(a) An insurer or entity regulated under title 24 and subject to the provisions of section 431:2-215, HRS, shall pay an assessment as determined by the commissioner. The assessment shall be based upon criteria consisting of an insurer's or entity's market share percentage of the …

Chapter 431P, Hawaii Revised Statutes, established the hurricane reserve trust fund, which is funded, in part, by a special mortgage recording fee. This chapter establishes guidelines for the special mortgage recording fee. Notes Haw. Code R. § 16-178-1 [Eff 2/13/98] (Auth: HRS §…

As used in this chapter, unless the context otherwise requires: "Additional charge mortgage" means a mortgage which increases the principal amount of the secured debt owed to the mortgagee that holds an existing mortgage on the property described in that mortgage and which is rec…

(a) The SMRF shall be an amount equal to one-tenth of one per cent of the stated principal amount of the debt secured by the mortgage or, in the case of an amendment of a mortgage, one-tenth of one per cent of the increase of the stated principal amount of the debt, if any. For e…

(a) The SMRF transmittal form shall be used to pay the SMRF, and may be obtained from the bureau of conveyances at 1151 Punchbowl Street, Room 120. Although the SMRF applies to documents recorded in the bureau of conveyances of the State or filed with the assistant registrar of t…

(a) The SMRF is not applicable to a document which does not constitute a mortgage. These documents include, but shall not be limited to:(1) A document confirming, amending, or correcting a mortgage without an increase in the debt; (2) An assumption of a mortgage; (3) A negative p…

The purpose of this chapter is to prescribe the form and content of the summary document disclaimer pursuant to section 431:16-218(c) and the written notice pursuant to section 431:16-218(d). Notes Haw. Code R. § 16-18-1 [Eff 3/12/92] (Auth: HRS § 431:2-201) (Imp: HRS § 431:16-21…

(a) The Hawaii Life and Disability Insurance Guaranty Association (Guaranty Association) shall submit the summary document to the commissioner for approval before the document may be delivered to policyholders. Upon receiving approval from the commissioner, the Guaranty Associati…

(a) The contents of the disclaimer described in section 431:16-218(c) shall read as follows: "The Hawaii Life and Disability Insurance Guaranty Association may not provide coverage for this policy. If coverage is provided, it may be subject to substantial limitations or exclusion…

(a) This written notice shall only apply to section 431:16-203(b)(2)(A). The wording of the written notice described in section 431:16-218(d) shall be identical to that prescribed in Exhibit B, dated September 1991, located at the end of this chapter and made a part of this secti…

Authority to adopt rules by the department of commerce and consumer affairs, hereinafter referred to as "department", is found in chapter 481I, Hawaii Revised Statutes. Notes Haw. Code R. § 16-181-1 [Eff 3/3/97; comp 10/8/05] (Auth: HRS § 481I-4) (Imp: HRS § 481I-4)

Each manufacturer of motor vehicles sold in Hawaii shall forward to the department, in writing within thirty days after the effective date of these rules, the name, address, and telephone number of the person designated to receive notices under the program. The information shall …

(a) After a case has been initiated, the program administrator shall assign an arbitrator to hear and decide the case. (b) The assigned arbitrator shall not have any bias, any financial or personal interest in the outcome of the hearing, or have a pending claim against a manufact…

(a) The program administrator shall set the time, place, and date of the hearing. (b) Arbitration hearings shall be held at hearing sites which shall be determined by the program administrator. Consideration as to the convenience of both the consumer and the manufacturer may be m…

If notice is not provided in the manner set forth in section 16-181-12, or if the notice provided is defective in any other way, and all parties nevertheless appear at the hearing, the arbitrator shall inquire on the record whether such parties are willing to waive their rights s…

(a) A manufacturer may request a viewing of the consumer's motor vehicle to aid in preparation of its case. (b) The manufacturer and the consumer shall attempt to arrange a mutually agreeable time and location for the viewing. If, after reasonable good faith attempts to arrange a…

(a) Subpoenas may be issued by the arbitrator through the program administrator. Subpoenas requiring the attendance of witnesses or production of records, memoranda, or tangible things at the designated place of hearing, for the purpose of taking the testimony of such witness or …

The requesting party shall pay any witness fees. Witness fees, other than expert witness fees, shall be tendered at the time of service of a subpoena. Notes Haw. Code R. § 16-181-16 [Eff 3/3/97; comp 10/8/05] (Auth: HRS § 481I-4) (Imp: HRS § 481I-4)

(a) The program administrator or the assigned arbitrator may, upon request of a party, continue a hearing or extend the time for issuance of a decision for good cause. (b) Requests for continuance or extension of time shall state the reasons for the request and shall be made oral…

(a) Parties in arbitration proceedings are consumers and manufacturers. (b) Any person compelled to appear, or who appears voluntarily, at the arbitration proceeding may, at the party's own expense, be accompanied, represented, or advised by an attorney or other representative. A…

If there is a settlement before the hearing, the parties shall inform the program administrator by telephone and then in writing of the settlement. Upon confirming that a settlement has been reached, the program administrator shall close the file on the matter. Notes Haw. Code R.…

These rules are intended to clarify and implement chapter 481I, HRS, so that the provisions assist consumers who purchase or lease motor vehicles in this State in resolving their good faith motor vehicle warranty complaints with manufacturers. Notes Haw. Code R. § 16-181-2 [Eff 3…

(a) A party who fails to appear at the arbitration hearing, who fails to pay the applicable filing fee, or who fails to submit its response will be considered in default. (b) If a manufacturer defaults by failing to appear, the arbitration hearing shall proceed as scheduled, and …

(a) The assigned arbitrator shall conduct a fair, impartial, and orderly hearing, taking all necessary action to avoid delay in the disposition of proceedings. The arbitrator shall have all powers necessary to meet these ends, including, but not limited to, the power to: (1) Admi…

(a) The hearing shall be conducted to encourage a full and complete disclosure of the facts and to afford each party a full and equal opportunity to present the party's evidence. (b) Hearings shall be open to the public, provided that the arbitrator may exclude any observer, witn…

(a) The formal rules of evidence shall not apply. The parties may introduce any relevant evidence which is commonly relied upon by reasonably prudent people in the conduct of their affairs. The arbitrator may exclude irrelevant, immaterial, or unduly repetitious evidence. (b) Bef…

Any records or documents submitted by the parties to the arbitrator which are not on file with the program administrator shall be turned in to the administrator after the decision has been issued. Notes Haw. Code R. § 16-181-24 [Eff 3/3/97; comp 10/8/05] (Auth: HRS § 481I-4) (Imp…