Hawaii Administrative Code

(a) Any person may file with the commissioner written comments on an application within fifteen days of the publication of notice. The comment period may be extended by the commissioner for good cause. (b) Any person who files a written comment may at the same time request that a…

(a) The purpose of the informational and comment proceeding shall be to receive information and comments from interested persons on an application. (b) If the commissioner decides to hold an informational and comment proceeding, the commissioner shall notify the applicant and eac…

(a) Subject to other provisions of this chapter, all applications, correspondence, and supporting documents filed with the commissioner shall be available for public review as provided by law following receipt of a request to review them. (b) Information claimed by an applicant t…

No information contained in any application or supporting documents 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 f…

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…

The applicant shall have the burden of providing information to satisfy all relevant criteria in support of an application. The burden of proof in any contested case hearing, including the burden of producing the evidence and the burden of persuasion, shall be upon the applicant.…

The criteria applied to applications relating to proposed institutions may include, but are not limited to: (1) General character of management. The quality of an institution's management is vital and perhaps the single most important element in determining the applicant's accept…

The criteria for proposed institutions and for existing institutions are generally the same. The following criteria may apply to applications submitted by existing institutions: (1) Financial history and condition. The financial history of an operating institution is usually refl…

(a) Managerial resource test. The presumption that in the absence of credible evidence to the contrary, a director, officer, or controlling person is of good character and sound financial standing may be rebutted by evidence to the contrary, including without limitation a finding…

The criteria for institutions apply to applications for branches or relocation of offices. Emphasis shall be placed on the financial history and condition of the applicant institution, rather than upon the financial history and condition of the subject branch or office. An applic…

Notes Haw. Code R. § 16-25-39 R 1/27/01

Notes Haw. Code R. § 16-25-40 R 1/27/01

(a) Unless otherwise provided by statute, and notwithstanding any other provision of this chapter, 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 approv…

(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…

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, as to determine an individual's rights against an institution. Notes Haw. …

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

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

(a) The commissioner shall issue in writing any statement that appears to interpret a statute or rule, render an opinion, or define a policy. (b) The commissioner's interpretation or opinion shall have particular applicability to the inquirer, and shall not be intended to apply t…

Whenever this chapter is silent on a matter, the commissioner may refer to chapter 16-201 for guidance. Notes Haw. Code R. § 16-25-65 [Eff 8/13/87; comp 1/27/01; comp 8/04/05] (Auth: HRS §§ 91-2, 412:2-100, 412:2-107) (Imp: HRS §§ 91-2, 412:2-100, 412:2-107)

The division may only investigate and act upon complaints against Hawaii financial institutions. Consumer complaints against Hawaii financial institutions shall be filed in writing with the division. Notes Haw. Code R. § 16-25-69 [Eff 8/13/87; am and comp 1/27/01; comp 8/04/05] (…

Any person desiring to obtain the approval of the commissioner shall: (1) File an application in the form prescribed by this chapter; (2) File the appropriate application fee, if any; and (3) Provide public notice of the filing of the application, as prescribed by this chapter. N…

(a) Each application referred to in this chapter shall be made by the completion and submittal to the commissioner, in duplicate, of: (1) The application form prescribed by the commissioner, copies of which may be obtained by request from the division; or (2) The application in l…

An application filed with the commissioner shall not be deemed complete, unless it includes all of the information required on the prescribed form and any additional relevant information as the commissioner may require by written request to the applicant. The failure of an applic…

The objective of this chapter is to clarify and implement the requirements of chapter 305J, HRS. Notes Haw. Code R. § 16-255-1 [Eff 7/31/2017] (Auth: HRS § 305J-5) (Imp: HRS § 305J-5)

As used in this chapter, unless the context otherwise requires: "Institution" means a private college or university, seminary, or religious training institution. "Physical presence" shall have the same meaning in section 305J-2, HRS; provided that "physical presence" is not trigg…

The chapter shall not apply to schools and educational programs conducted by religious entities that are owned, controlled, operated, and maintained by a religious organization lawfully operating as a nonprofit religious corporation and that award only religious degrees or certif…

In addition to the requirements of chapter 305-J, HRS, an institution shall: (1) Seek and maintain authorization to operate in the State; (2) Provide information and respond to inquiries from the department including, but not limited to, data that is directly related to student e…

An institution shall: (1) Establish and sustain a complaint procedure that includes clearly understood and published processes for a student to lodge a complaint within the institution, to the department, and to the institution's accrediting agency, if applicable. Information on …

(a) Upon discontinuance, an institution shall deposit student transcripts and all other requested educational records with the department in an electronic format as prescribed by the department. (b) Student transcripts shall be deposited in either pdf files, which are the actual …

The institution shall provide written notification to the department in accordance with the requirements of chapter 305J, HRS, before closing or ceasing operations. Written notification shall include: (1) Date of closure and last date of instruction; (2) Reason for the closure; (…

The objective of this chapter is to set forth the policies of the division of financial institutions with respect to examination priorities, frequency, scope, and procedures. Notes Haw. Code R. § 16-26-1 [Eff 8/13/87; comp 1/27/01] (Auth: HRS §§ 412:2-107, 412:2-200) (Imp: HRS §§…

(a) The division's priority shall be the effective examination and supervision of those institutions requiring special supervisory attention. (b) Each institution shall be examined at least once every twenty-four months unless otherwise provided by law. If an additional examinati…

(a) Each institution assigned a UFIRS or NRS composite rating of "1" or "2" is to be examined as deemed necessary with a maximum permissible interval between examinations of twenty-four months. (b) At least one visitation may be performed in each twelve-month period during which …

(a) Each institution assigned a UFIRS or NRS composite rating of "3" is to be examined at least once every twelve months. This interval may be extended up to every eighteen months when a longer interval is deemed appropriate. Acceptable reasons for extending an interval would inc…

(a) Each institution assigned a UFIRS or NRS composite rating of "4" or "5" shall be examined at least once every twelve months. (b) Additional examinations or visitations to monitor progress or to prevent deterioration should be performed when deemed necessary. At a minimum, one…

Each newly chartered or licensed institution shall be examined within the first twelve months of operation. In addition, as time and resources of the division allow, at least one visitation is to be performed within the first sixty days and one hundred-twenty days, respectively. …

Each institution converting from a federal charter to a state charter shall be examined within twelve months of the conversion if the institution was previously assigned a UFIRS composite rating of "3", "4", or "5" by the applicable federal regulatory agency. Notes Haw. Code R. §…

As used in this chapter: "Affiliate" with respect to an existing or proposed financial institution or a financial institution holding company, means any company that controls the financial institution or the financial institution holding company and any other company that is unde…

(a) Each institution in which there has been a change of control in ownership or management shall be examined within the first twelve months of the change, unless satisfactory financial and managerial records of performance are demonstrated by the new owners or managers in the in…

The examination may be general in scope. Examiners may employ detailed work programs, procedures, and questionnaires to review every aspect of a depository institution's corporate affairs. The six key performance standards are: capital adequacy, asset quality, management competen…

(a) Examinations of banks shall be conducted in accordance with the "FDIC Division Of Supervision Manual Of Examination Policies." (b) Examinations of foreign bank branches and agencies shall be conducted in accordance with the "FFIEC Revised Uniform Report Of Examination For Bra…

Notes Haw. Code R. § 16-26-3 R 1/27/01

(a) The division shall review and rely on holding company inspection reports prepared by the federal regulatory agencies in determining the frequency or scope of an examination and the UFIRS composite rating of the subsidiary institution. (b) When the operations of a holding comp…

Off-site monitoring of institutions involves the systematic review of financial reports, audit statements, and other reports requested on an ad hoc basis. The principal purpose of off-site monitoring is to identify institutions that appear to evidence unusual conditions. Off-site…

(a) Disclosure of any information related to an examination of an institution is prohibited by statute, but public knowledge of the examination process should promote confidence in the integrity of the financial system and in individual institutions. (b) The examination of a depo…

(a) The purpose of a visitation may include one or more of the following: (1) Determination of an institution's progress in complying with requirements of a formal corrective order or memorandum of understanding; (2) Determination of the reasons for an apparent adverse situation …

(a) Every effort shall be made to conduct joint examinations and visitations with federal authorities, or alternating independent examinations and visitations, so that regulatory resources may be maximized and duplication of effort may be minimized. (b) The scope and frequency of…