Hawaii Administrative Code

Notes Haw. Code R. § 16-23-90 R 11/11/12

(a) Each insurer authorized to transact motor vehicle insurance in this State shall be assessed by the commissioner an amount computed on the basis of the motor vehicle insurance premiums written in this State by the insurer during the previous calendar year. Each self-insurer sh…

Subject to the time limitations set forth in section 431:10C-315, HRS, this subchapter shall apply to treatment occurring after May 31, 1993. Charges and treatment rendered for emergency services during the initial seventy-two hours following the motor vehicle accident resulting …

As used in this subchapter: "Claimant" means a person entitled to the benefits described in section 431:10C-103.5, HRS, under a motor vehicle insurance policy. "Emergency treatment" or "emergency services" means treatment or services which are performed within the initial seventy…

Notes Haw. Code R. § 16-23-95 R 11/11/12

Notes Haw. Code R. § 16-23-96 R 11/11/12

Notes Haw. Code R. § 16-23-97 R 11/11/12

Notes Haw. Code R. § 16-23-98 R 1/1/98

(a) Concurrent treatment by more than one health care or alternative care provider may be allowed if the attending health care provider determines the claimant's injury involves more than one body system, and requires multidiscipline care, or is so severe or complex that services…

The objectives of this chapter are to implement the requirements of chapter 489D, HRS, and set forth procedures regarding money transmission services. Notes Haw. Code R. § 16-24-1 [Eff 7/23/07] (Auth: HRS §§ 489D-33, 489D-34) (Imp: HRS §§ 4890-2, 489D-34)

This subchapter applies to any application required by chapter 489D, HRS. Notes Haw. Code R. § 16-24-13 [Eff 7/23/07] (Auth: HRS §§ 489D-33, 489D-34) (Imp: HRS §§ 489D-2, 489D-9, 489D-15, 489D-25)

An applicant has a right to file an application and to obtain full consideration of the application by the commissioner in light of all relevant facts and without prejudice. If all of the relevant criteria are resolved favorably, the applicant is entitled to receive the requested…

Criteria applied by the commissioner in investigating an applicant for a money transmitter's license may include, but are not limited to: (1) General character of management. This may include an evaluation of management's current and past business experience; financial resources …

(a) Managerial resource test. The following factors shall give rise to a rebuttable presumption that the criterion regarding the general character of management has not been met, if the applicant or any individual member of management has: (1) Been convicted of, or has pleaded no…

(a) Any complete application which is not approved or denied by the commissioner within a period of one year after the application is filed with the commissioner, shall be deemed approved by the commissioner as of the first day after the period of one year. For purposes of this s…

(a) Within fifteen days following receipt of a decision denying the application, the applicant may petition the commissioner for an administrative hearing which shall be held in accordance with chapter 91, HRS, and chapter 16-201. (b) If a petition for an administrative hearing i…

As used in this chapter: "Commissioner" means the commissioner of financial institutions. "Division" means the division of financial institutions within the department of consumer and consumer affairs. "Insolvency" means that a money transmitter is unable to pay its debts in the …

(a) Subject to subsection (b), each application shall be accompanied by a surety bond, irrevocable letter of credit, or other similar security device acceptable to the commissioner in an amount no less than $1,000. (b) The commissioner may increase the amount of the bond or secur…

(a) The commissioner or claimants against the surety device may bring suit upon the bond or security device in the court in which jurisdiction over the licensee may be obtained. In the event that valid claims against a bond exceed the amount of the bond at anyone time, each claim…

(a) The commissioner may charge an examination fee to each licensed money transmitter and authorized delegate examined or investigated by the commissioner or the commissioner's staff, based upon the cost per hour per examiner. Effective July 1, 2007, the hourly fee shall be $40. …

(a) Subject to other provisions of this chapter, all applications and supporting documents that are filed by a proposed money transmitter shall be available for public review as provided by law following receipt of a request to review the records. (b) Subject to other provisions …

(a) In addition to those records listed by statute that the licensee shall make, keep, preserve, and make available for inspection by the commissioner, the following shall also be made, kept, preserved, and made available for inspection by the commissioner: (1) Written procedures…

An authorized delegate is subject to the same disciplinary action as a licensee. Notes Haw. Code R. § 16-24-35 [Eff 7/23/07] (Auth: HRS §§ 489D-21, 489D-22, 489D-31, 489D-32, 489D-33, 489D-34) (Imp: HRS §§ 489D-21, 489D-22, 489D-23, 489D-25, 489D-26, 489D-27, 489D-28, 489D-29, 48…

An authorized delegate is prohibited from engaging in those practices set forth in section 489D-23, HRS. Notes Haw. Code R. § 16-24-36 [Eff 7/23/07] (Auth: HRS §§ 489D-21, 489D-22, 489D-33, 489D-34) (Imp: HRS §§ 489D-22, 489D-23, 4S9D-24)

No material contained in any application or record shall be made available to the public if it is determined by the commissioner to be confidential. Information that may be considered confidential includes, but is not limited to, the following: (1) Commercial or financial informa…

(a) The commissioner may suspend or revoke the license of a money transmitter, based on any of the grounds set forth in section 489D-23, HRS. (b) The commissioner shall give the money transmitter notice and an opportunity for a hearing in conformity with chapter 91, HRS. The noti…

(a) The commissioner may suspend or revoke the authorized delegate designation, based on any of the grounds set forth in section 489D-23, HRS. (b) The commissioner shall give the authorized delegate notice and an opportunity for a hearing in conformity with chapter 91, HRS. The n…

To the extent authorized by law, an authorized delegate may apply with the commissioner for relief from suspension or revocation of the designation of an authorized delegate. Relief shall be granted only upon complete compliance with any terms or conditions imposed by the order o…

The commissioner may issue a cease and desist order, based on the grounds set forth in section 489D-26, HRS. To determine immediate and irreparable harm, insolvency, or significant dissipation of assets of the licensee, the commissioner may use any records required by law to be m…

Any opinion, interpretation, or advice rendered by the division shall be in keeping with the division's regulatory purpose. The division shall not render opinions or interpretations to private individuals, so as to determine an individual's rights against a licensed money transmi…

The division's response to an inquiry from a money transmitter or industry trade association shall not determine private rights and obligations. The commissioner may decide to respond to a money transmitter's or industry trade association's inquiry regarding an interpretation of …

(a) An inquirer who requests an interpretation of statute or rule shall state in writing: (1) The facts giving rise to the inquiry; (2) The specific questions being presented; (3) The inquirer's position on the questions; and (4) Any authority, legal or otherwise, for that positi…

(a) The commissioner shall issue in writing any statement made for the purpose of interpreting a statute or rule, rendering an opinion, or defining a policy. (b) The commissioner's interpretation or opinion shall have particular applicability to the inquirer, and shall not apply …

Whenever this chapter is silent on a matter, the commissioner may refer to chapter 16-201 for guidance. Notes Haw. Code R. § 16-24-51 [Eff 7/23/07] (Auth: HRS §§ 91-2, 489D-33, 489D-34) (Imp: HRS §§ 91-2, 489D-33)

The division may investigate and act upon complaints against money transmitters licensed under chapter 489D, HRS. Complaints shall be filed in writing with the division. Notes Haw. Code R. § 16-24-55 [Eff 7/23/07] (Auth: §§ 91-2, 91-8, 489D-33, 489D-34) (Imp: §§ 91-2, 91-8, 489D-…

Any person desiring to obtain the approval of the commissioner for any application required by chapter 489D, HRS, shall: (1) File an application in the form prescribed by this chapter; and (2) File the appropriate application fee. Notes Haw. Code R. § 16-24-8 [Eff 7/23/07] (Auth:…

(a) Each application required by chapter 489D, HRS, shall be made by completing and submitting to the commissioner, in duplicate: (1) The application form prescribed by the commissioner, copies of which may be obtained by request from the division; or (2) The application in lette…

The objective of this chapter is to implement the requirements of chapter 412, Hawaii Revised Statutes, as they relate to applications, requests for opinions, and interpretations of law or rule, and consumer complaints. Notes Haw. Code R. § 16-25-1 [Eff 8/13/87; am and comp 1/27/…

(a) Unless otherwise provided, this chapter applies to the applications listed below to organize banks, savings banks, savings and loan associations, trust companies, and depository financial services loan companies. Application fees, if any, are designated. (1) Application for p…

Unless otherwise provided, this chapter applies to the applications listed below. Application fees, if any, are designated. (1) Application to acquire powers granted under federal law; (2) Application to acquire, establish, or hold the voting securities of an operating subsidiary…

Unless otherwise provided, this chapter applies to the applications listed below. Application fees, if any, are designated. (1) Application to establish an international banking corporation; (2) Application by an international banking corporation to purchase stock or other certif…

Unless otherwise provided, this chapter applies to the applications listed below. Application fees, if any, are designated. (1) Application to establish and maintain a branch or agency ($9,000); (2) Application to establish additional intrastate Hawaii state branches or Hawaii st…

Unless otherwise provided, this chapter applies to the applications listed below. Application fees, if any, are designated. (1) Application to deposit reserve in banks and other trust companies; (2) Application for approval of agreements between trust companies and banks; and (3)…

Unless otherwise provided, this chapter applies to the applications listed below. Application fees, if any, are designated. (1) Application to acquire powers granted under federal law; (2) Application to form and own a service corporation (savings and loan association: $150); (3)…

Unless otherwise provided, this chapter applies to the applications listed below. Application fees, if any, are designated. (1) Application for a license as a nondepository financial services loan company ($5,000); (2) Application to sell or refer accidental death and dismemberme…

Unless otherwise provided, this chapter applies to the applications listed below. Application fees, if any, are designated. (1) Application for charter ($20); (2) Application to change field of membership; (3) Application to acquire powers granted under federal law; (4) Applicati…

Notwithstanding any provision contained in this chapter, an application may be approved by the commissioner without notice, comment, or hearing in any case which the commissioner determines to be an emergency arising from the insolvency of an existing institution or to prevent th…