Hawaii Administrative Code

(a) No reinsurance agreement, amendment, or binding letter of intent to any agreement may be used to reduce any liability or to establish any asset in any financial statement filed with the commissioner unless the agreement, amendment, or binding letter of intent has been duly ex…

Insurers subject to this chapter shall have until December 31, 1994, to reduce to zero any reserve credits or assets established for reinsurance agreements entered into before the effective date of this chapter which, under the provisions of this chapter, would not be entitled to…

(a) A petition for hearing relief may be voluntarily dismissed by the petitioner without order of the authority or hearings officer by: (1) Filing a notice of dismissal at any time before service of the petition on the respondent or respondents; or (2) Filing a stipulation of dis…

Notes Haw. Code R. § 16-201-10 R 7/6/90

Notes Haw. Code R. § 16-201-11 R 7/6/90

(a) Unless otherwise provided by this chapter or by other applicable law, whenever service is required to be made on any party to a proceeding before the authority, the service shall be made personally or by first class mail, the document to be served at the party's last known ad…

(a) Unless otherwise provided by this chapter, a party filing a pleading, motion, memorandum, document, or other paper shall cause a copy of the pleading, motion, memorandum, document, or other paper to be served upon each of the other parties to the proceeding, or upon any agent…

(a) Unless otherwise provided by statute or rule, in computing any period of time prescribed or allowed by this chapter, the day of the act, event, or default after which the designated period of time is to run, shall not be included. The last day of the period so computed shall …

Unless otherwise provided, the authority or hearings officer may extend the time within which any action shall be taken at the request of any party. The authority or hearings officer, in their sole discretion, may require that the extension be stipulated to by all parties to the …

(a) An application for any relief or order shall be by motion which, unless made during a hearing, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. (b) Motions referring to facts not of record shall be …

Unless otherwise provided by law, the authority or hearings officer shall have the powers, in conducting a hearing, without limitation: (1) To hold hearings and issue notices; (2) To administer oaths and affirmations; (3) To consolidate hearings or sever proceedings, provided tha…

(a) The authority or hearings officer, at the request of a party, shall have the power to issue subpoenas requiring the attendance of witnesses or the production of documents at the hearing. The authority or hearings officer may require that any request for the issuance of a subp…

When a petition has been assigned to a hearings officer for hearing or further proceedings, the powers and duties to be performed by the hearings officer in connection with the proceeding, without abatement of the proceeding, may be assigned to another hearings officer, provided …

As used in this chapter, unless the context otherwise requires: "Aggrieved person" means any person who shall be adversely affected by an action, decision, order, or rule of the authority or who shall be adversely affected by the action or conduct of any person if the action or c…

(a) No matter shall be heard by a member of the authority or by a hearings officer who: (1) Has any direct pecuniary interest in the matter being heard; (2) Is related within the third degree by blood or marriage to any party to the proceeding or any party's representative or att…

(a) The admissibility of evidence at the hearing shall not be governed by the laws of evidence and all relevant oral or documentary evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs. Irrel…

(a) Unless otherwise provided, every decision and order issued by the authority shall be in writing or stated in the record. Where the case has been contested and the decision is adverse to any party, the decision shall be accompanied by separate findings of fact and conclusions …

Any party, within ten days after receipt of any final order may move the authority to reconsider its final order or decision. The motion shall be filed with the authority and shall state specifically what points of law or fact the authority has overlooked or misunderstood togethe…

(a) Any party aggrieved by a final decision or order of the authority in a contested case or by a preliminary ruling or order of the authority of such a nature that deferral of review pending the entry of a subsequent final order would deprive that party of adequate relief is ent…

(a) In any proceeding before the authority:(1) Neither the department nor any person, either in private or public life, shall communicate privately on the merits of the case with any member of the authority, the authority's staff or with the hearings officer designated to hear an…

The department or any aggrieved person may petition the authority or hearings officer for a hearing to resolve a contested matter, including license denials, within the authority's jurisdiction. The petition for hearing relief shall state plainly and precisely the facts and circu…

Notes Haw. Code R. § 16-201-27 R 1/25/85

Before the hearing, each respondent may file and serve upon each petitioner, the authority, or hearings officer, a written response stating briefly therein facts, circumstances, laws, rules, or reasons in defense and shall further specifically admit or deny the allegations of the…

(a) Any party, by timely written demand filed with the authority or hearings officer, and served upon any other party, may request of any other party to the proceeding, the full disclosure of: (1) The identity of all witnesses to be called by the party, including their addresses …

(a) Unless otherwise provided by law, upon the filing of the petition, and as expeditiously as possible, the authority shall determine whether or not to proceed further on the petition. (b) If the authority determines to proceed further, it shall either set the matter for further…

(a) The authority or the hearings officer may order that a prehearing conference be conducted and attended by all parties to the proceeding. The purpose of the prehearing conference shall be to explore informal satisfaction of the petition and the simplification of issues. At the…

(a) A record shall be made of all oral testimony taken at the hearing. (b) Testimony taken at the hearing may be electronically recorded and need not be transcribed. Unless otherwise provided, the cost of the transcription of the electronic recording of the testimony shall be pai…

(a) The record shall consist of the following: (1) All pleadings, motions, and intermediate rulings; (2) All evidence received or considered, including without limitation, oral testimony, exhibits, and matters officially noted by the authority or hearings officer; (3) All offers …

Notes Haw. Code R. § 16-201-33 R 7/6/90

Notes Haw. Code R. § 16-201-34 R 1/25/85

Notes Haw. Code R. § 16-201-35 R 1/25/85

All hearings shall be conducted pursuant to chapter 91, HRS, and this chapter. All hearings shall be heard before the authority or a duly designated hearings officer. All parties shall be afforded full opportunity to present evidence and argument on all issues involved. The heari…

Unless otherwise stipulated by the parties, which stipulation is approved by the authority or the hearings officer, all hearings shall proceed as follows: (1) The parties shall have the opportunity to make opening statements before any evidence is presented, unless they waive the…

(a) After all evidence has been presented by petitioner in support of petition, the respondent may move the authority or the hearings officer for an order denying or dismissing the petition or for similar affirmative relief (b) If the motion is denied or taken under advisement, r…

At any time before the filing of the hearings officer's recommended decision, or if the hearing has been held before the authority, then before the authority's final decision, the hearings officer or authority, sua sponte or upon motion for good cause shown, may reopen a hearing …

(a) A party, at the party's own expense, may be represented by legal counsel at any stage of the proceeding before the authority or hearings officer. (b) Substitution of legal counsel shall be effective upon filing of a notice of the substitution by the party represented. (c) Wit…

(a) No party shall file written proposed findings of fact and conclusions of law except where ordered in the discretion of the hearings officer or the authority, whichever has conducted the hearing. (b) Where ordered, written proposed findings of fact and conclusions of law shall…

When the hearing has been held before the authority, the authority, as expeditiously as possible, after the close of the hearing, shall issue its final decision and order together with separate findings of fact and conclusions of law. All findings of fact, conclusions of law, fin…

When the hearing has been held before a hearings officer, the hearings officer, as expeditiously as possible, after the close of the hearing, shall file with the authority a recommended decision together with separate findings of fact, conclusions of law, and a recommended order.…

The hearings officer shall cause a copy of the recommended decision, including therein findings of fact, conclusions of law, and any recommended order, to be served upon each party by personal service or by registered or certified mail, return receipt requested. Service of the re…

Any party adversely affected by the hearings officer's recommended decision within fifteen days after the receipt of a copy of the decision, may file with the hearings officer written exceptions to the whole or any part of the recommended decision and request review by the author…

Any party may file with the hearings officer and serve upon all other parties a statement in support of the recommended decision within fifteen days after receipt of a copy of the written exceptions. Notes Haw. Code R. § 16-201-45 [Eff 7/11/81; am and comp 1/25/85; comp 7/6/90] (…

Whenever written exceptions have been timely filed and a party has requested the opportunity to present oral argument, all parties to the proceedings shall be afforded the opportunity to present oral argument to the authority concerning the recommended decision. The authority sha…

When no written exceptions have been filed, the authority, within a reasonable time after the hearings officer's recommended decision has been filed, shall issue a written final decision and order, either adopting or modifying or reversing, in whole or in part, the hearings offic…

The department or any interested person may petition the authority for a declaratory ruling as to the applicability of any statutory provision or of any rule or order adopted by the authority to a factual situation. Each petition shall state concisely and with particularity the f…

The petition for declaratory relief shall be accompanied by a memorandum of law in support of the relief requested. Notes Haw. Code R. § 16-201-49 [Eff 7/11/81; am and comp 1/25/85; am and comp 7/6/90] (Auth: HRS §§ 91-8, 269) (Imp: HRS §§ 91-8, 26-9)

The hearings officer shall transmit to the authority the entire record together with the recommended decision, any timely filed exceptions, and any timely filed statement in support. Notes Haw. Code R. § 16-201-45.5 [Eff and comp 1/25/85; comp 7/6/90] (Auth: HRS § 91-2) (Imp: HRS…