reglab/housing_qa huggingface dataset:
HI Rev Stat § 431:14-116.5 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14-116.5 Assigned risk pool; experience rating plan. No employer shall be placed in an assigned risk pool for workers' compensation insurance that does not utilize an experience rating plan that includes: (1) Reasonable eligibility standards; (2) Incentives for loss prevention; (3) Sufficient premium differentials to encourage safety; and (4) Provisions for reasonable and equitable limitations on the ability of policyholders to avoid the impact of past adverse claims experience through change of ownership, control, management, or operation. [L 1995, c 234, pt of §20]

  §431:14-116.5 Assigned risk pool; experience rating plan. No employer shall be placed in an assigned risk pool for workers' compensation insurance that does not utilize an experience rating plan that includes:  (1) Reasonable eligibility standards;  (2) Incentives for loss prevention;  (3) Sufficient premium differentials to encourage safety; and  (4) Provisions for reasonable and equitable limitations on the ability of policyholders to avoid the impact of past adverse claims experience through change of ownership, control, management, or operation. [L 1995, c 234, pt of §20]
HI Rev Stat § 431:14-117 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14-117 Penalties.

  §431:14-117 Penalties. (a) The commissioner, if the commissioner finds any person or organization has violated any provision of this article, may impose a penalty of not more than $500 for each violation, but if the commissioner finds the violation to be wilful the commissioner may impose a penalty of not more than $5,000 for each such violation. The penalties may be in addition to any other penalty provided by law. For purposes of this section, any insurer using a rate for which the insurer has failed to file the rate, supplementary rating information, underwriting rules or guides, or supporting information as required by this article, shall have committed a separate violation for each day such failure to file continues.  (b) The commissioner may suspend the license of any rating organization or insurer which fails to comply with an order of the commissioner within the time limited by the order, or any extension thereof which the commissioner may grant. The commissioner shall not suspend the license of any rating organization or insurer for failure to comply with an order until the time prescribed for an appeal from the order has expired or, if an appeal has been taken, until the order has been affirmed. The commissioner may determine when a suspension of license shall become effective and it shall remain in effect for the period fixed by the commissioner unless the commissioner modifies or rescinds such suspension, or until the order upon which the suspension is based is modified, rescinded, or reversed.  (c) No penalty shall be imposed and no license shall be suspended or revoked except upon a written order of the commissioner, stating the commissioner's findings, made after a hearing held upon not less than ten days' written notice to the person or organization specifying the alleged violation. [L 1987, c 347, pt of §2; am L 1990, c 255, §13]
HI Rev Stat § 431:14-118 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14-118 Hearing procedure and judicial review.

  §431:14-118 Hearing procedure and judicial review. (a) Any insurer or rating organization aggrieved by any order or decision of the commissioner made without a hearing, may, within thirty days after notice of the order to the insurer or organization, make written request to the commissioner for a hearing. The commissioner shall hold a hearing within twenty days after receipt of the request, and shall give not less than ten days' written notice of the time and place of the hearing. Within fifteen days after the hearing, the commissioner shall affirm, reverse, or modify the commissioner's previous action, specifying the reasons for the commissioner's decision. Pending the hearing and decision, the commissioner may suspend or postpone the effective date of the commissioner's previous action.  (b) Any final order or decision of the commissioner may be reviewed in the circuit court of the first circuit, and an appeal from the decision of the court shall lie to the intermediate appellate court, subject to chapter 602. The review shall be taken and had in the manner provided in chapter 91. [L 1987, c 347, pt of §2; am L 2004, c 202, §49; am L 2006, c 94, §1; am L 2010, c 109, §1]
HI Rev Stat § 431:14-119 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14-119 REPEALED.

  §431:14-119 REPEALED. L 1997, c 81, §3.
HI Rev Stat § 431:14-120 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14-120 Additional powers for workers' compensation rate filing and ratemaking.

  §431:14-120 Additional powers for workers' compensation rate filing and ratemaking. (a) The commissioner shall review filings as soon as reasonably possible after they have been made to determine whether they meet the requirements of this article.  (b) Except as provided herein, each filing shall be on file for a waiting period of ninety days before the filing becomes effective. The period may be extended by the commissioner for an additional period not to exceed fifteen days if the commissioner gives written notice within the waiting period to the insurer, rating organization, or advisory organization that made the filing that the commissioner needs the additional time for the consideration of the filing. Upon the written application by the insurer, rating organization, or advisory organization, the commissioner may authorize a filing which the commissioner has reviewed to become effective before the expiration of the waiting period or any extension thereof. A filing shall be deemed to meet the requirements of this article unless disapproved by the commissioner within the waiting period or any extension thereof.  (c) The commissioner may institute proceedings for appropriate relief including but not limited to proceedings to roll back current rates whenever it appears to the commissioner that an insurer or other interested persons regulated by this article affecting workers' compensation insurance rates has:  (1) Violated or failed to comply with any provisions of this part or of any state or federal law;  (2) Failed to comply with any rule, regulation, or other requirement of any other state or federal agency which affects workers' compensation insurance rates;  (3) Failed to comply with any provision of its charter or franchise;  (4) Set or applied any rates, classification, charges, or rules affecting workers' compensation insurance that are unreasonable or are unreasonably discriminatory;  (5) Failed to give appropriate consideration to investment income earned or realized by insurers, including investment income earned from unearned premium and loss reserve funds in making rates; or  (6) Failed to recognize good safety performance records of employers in setting premium rates and levels. [L 1987, c 347, pt of §2; am L 1997, c 81, §2; am L 1998, c 71, §3; am L 2000, c 264, §2]
HI Rev Stat § 431:14A-101 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14A-101 Purpose.

  §431:14A-101 Purpose. The Hawaii employers' mutual insurance company is established to provide workers' compensation coverage to employers of the State at the highest level of service with the lowest possible cost, consistent with reasonable and applicable actuarial standards and the sound financial integrity of the company. The purposes of the company are to provide the highest standard of workplace safety and loss prevention, to encourage employer involvement, and to be responsive to each policyholder's experience, practice, and operating effectiveness. Nothing in this article shall create any implied third-party duty or impose additional legal liability for the company toward its members or beneficiaries beyond that explicitly created by this chapter, chapter 386, or common law, and generally applicable to all issuers of workers' compensation insurance in this State. [L 1996, c 261, pt of §2; am L 2010, c 52, §1]
HI Rev Stat § 431:14A-102 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14A-102 Definitions.

  §431:14A-102 Definitions. As used in this article:  "Administrator" means the chief executive officer of the Hawaii employers' mutual insurance company.  "Board" means the board of directors of the Hawaii employers' mutual insurance company.  "Company" means the Hawaii employers' mutual insurance company established by this article.  "Council" means the Hawaii employers' mutual insurance company oversight council.  "Investment manager" means any fiduciary, who has been designated by the board to manage, acquire, or dispose of the company's assets, a bank as defined by law, or an insurance company qualified to perform services under the laws of more than one state.  "Qualified actuary" means a member of the American Academy of Actuaries who is either a fellow of the Casualty Actuarial Society or an Associate of the Casualty Actuarial Society who has five or more years of experience. [L 1996, c 261, pt of §2; am L 1998, c 252, §3; am L 2010, c 52, §2]
HI Rev Stat § 431:14A-104 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14A-104 Company divisions.

  §431:14A-104 Company divisions. (a) For purposes of providing representation on the board, the company shall consist of industry divisions and a high risk division. Assignments to each division shall be made by the administrator with the approval of the board. The initial company divisions shall include:  (1) Manufacturing and producers;  (2) Services, entertainment, and amusement;  (3) Professions;  (4) Construction;  (5) Wholesale and retail sales;  (6) Transportation and public utilities;  (7) Finance, insurance, and real estate; and  (8) High risk.  (b) An employer with two or more lost-time claims greater than $10,000, and a loss ratio greater than 1.0, over the immediately preceding three years shall be placed in the high risk division.  (c) The administrator, with the approval of the board, shall modify the requirements for placing employers in the high risk division if the qualifications result in the high risk division being limited to only those employers with measurable adverse loss ratios, demonstrated accident frequency records, or a demonstrated attitude of noncompliance with workplace safety and health programs or claims management requirements.  (d) The company shall give notice to each employer in the high risk division not less than thirty days prior to the policy renewal date requesting a report on the employer's lost-time claims for the policy year. The report shall be used to determine the employer's qualification for placement in the high risk division.  (e) The company may apply a rating differential and charge a surcharge to any employer placed in the high risk division. The company may make multiple rate filings, consistent with sound actuarial judgment for each classification. These rate filings may be applied to risks in any division.  (f) The contingent liabilities of members provided in section 431:4-317 may be separated so that members assigned to the high risk division have a further contingent liability for deficits in the high risk division; provided that no contingent liability shall be in the aggregate for more than five times the annual premium rate of the member's policy nor for a term of more than one year. [L 1996, c 261, pt of §2; am L 1997, c 300, §5]
HI Rev Stat § 431:14A-106 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14A-106 Powers; generally.

  §431:14A-106 Powers; generally. Except as otherwise limited by this chapter, the company may:  (1) Sue, be sued, complain, and defend, in its corporate name;  (2) Have a corporate seal, which may be altered at pleasure, and use the seal by causing it, or a facsimile thereof, to be impressed, affixed, or in any other manner reproduced;  (3) Purchase, take, receive, lease, take by gift, devise, or bequest, or otherwise acquire, own, hold, improve, use, and otherwise deal in and with real or personal property, or any interest therein, wherever situated;  (4) Sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of all and any part of its property and assets;  (5) Make contracts and incur liabilities, borrow money at such rates of interest as the board may determine, issue guaranty capital shares and surplus notes, require capital contributions, issue its notes, debenture bonds, and other obligations, secure any of its obligations by mortgage or pledge of all or any portion of its property or income, and secure financing by any board approved mechanism;  (6) Allocate fiduciary responsibilities among the directors and designate other persons to carry out fiduciary responsibilities;  (7) Collect, receive, hold, and disburse all money payable to or by the company;  (8) Deposit the company's money in banks or depositories selected by the board and withdraw the company's money from such banks or depositories; provided that the withdrawal shall be made or authorized only upon the signatures of at least two persons approved by the board;   (9) Pay money from the company to effectuate the company's purpose and administration, including amounts for costs incurred to establish the company; and  (10) Exercise all powers necessary or convenient to effect the purposes of the company. [L 1996, c 261, pt of §2]
HI Rev Stat § 431:14A-107 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14A-107 Duties and responsibilities.

  §431:14A-107 Duties and responsibilities. (a) All corporate powers shall be exercised by or under the authority of the board, unless otherwise provided in this chapter or in the articles of incorporation.  (b) The board shall discharge its duties:  (1) In accordance with the company's purpose;  (2) With the care, skill, prudence, and diligence under the circumstances that a prudent director, acting in a like capacity and familiar with such matters would use in conducting a similar enterprise and purpose;  (3) By diversifying the company's investments to minimize the risk of losses, unless it is prudent not to do so;  (4) In accordance with governing legal documents;  (5) By having an annual audit of the company by an independent certified public accountant;  (6) By securing a fidelity bond for the administrator and in its discretion for other agents dealing with the company's assets at the company's expense;  (7) By purchasing liability insurance for errors and omissions for the board, each director, and any other fiduciary employed or contracted by the company to cover liability or losses caused by the act or omission of a fiduciary;  (8) By maintaining proper books of accounts and records of the company's administration;  (9) By carrying out the reporting and disclosure requirements required by law;  (10) By appointing a qualified actuary to develop and recommend a responsible schedule of premium rates with consideration of the company's investment income or refunds, or both, and to provide actuarial certification of the company's loss reserves; and  (11) By cooperating with and assisting the council in its duties and responsibilities.  (c) Except as otherwise provided by law, the board may:  (1) Transact workers' compensation insurance policies required or authorized by state law to the same extent as any other insurer;  (2) Provide the terms and conditions of an insurance policy;  (3) Provide that any written instrument be executed for the company by the administrator or the administrator's agent;  (4) Enter into agreements to reinsure all or part of the company's exposure to loss and to limit the risk to the company; and  (5) Employ persons to administer the company, including legal counsel, accountants, insurance consultants, administrators, qualified actuaries, investment managers, adjustors, other experts, and clerical employees and pay compensation and expenses in connection therewith. [L 1996, c 261, pt of §2; am L 1998, c 252, §5]
HI Rev Stat § 431:14A-108 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14A-108 Administrator; appointment; duties.

  §431:14A-108 Administrator; appointment; duties. (a) The board shall hire an administrator who shall serve at the pleasure of the board. The administrator shall be the chief executive officer and shall be responsible for the day-to-day operations and management of the company.  (b) The administrator shall have proven, successful experience as an executive at the general management level in the insurance business. The administrator shall manage and conduct the business of the company according to the board's direction and policies. The administrator shall receive compensation authorized by the board.  (c) Before entering the duties of office, the administrator shall give a fidelity bond in an amount and with sureties approved by the board. The premium for the bond shall be paid by the company.  (d) The administrator shall be an ex officio, nonvoting member of the board. [L 1996, c 261, pt of §2; am L 2004, c 122, §65; am L 2010, c 52, §4]
HI Rev Stat § 431:14A-110 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14A-110 Premium rates, determination.

  §431:14A-110 Premium rates, determination. (a) The board shall establish the premium rates to be charged for insurance sold by the company. The company shall comply with the requirements set forth in article 14 of this chapter. Premium rates shall be set at levels sufficient, when invested, to carry all claims to maturity, to meet the reasonable expenses for administering the company, and to maintain a reasonable surplus.  (b) The board shall hire a qualified actuary to assist with the development of sound premium rates. [L 1996, c 261, pt of §2]
HI Rev Stat § 431:14A-111 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14A-111 Reserves, investment.

  §431:14A-111 Reserves, investment. The board may invest or reinvest any surplus or reserves within the limitations established for insurance companies under chapter 431. [L 1996, c 261, pt of §2]
HI Rev Stat § 431:14A-112 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14A-112 Financial statements and other reports.

  §431:14A-112 Financial statements and other reports. (a) The company shall submit to the commissioner an annual statement of financial condition audited by an independent certified accountant. The audit report shall contain an actuarial opinion prepared by a qualified actuary on the company's claims reserves and expenses. The financial statement shall be on a form prescribed by the commissioner and shall include actuarially appropriate reserves for:  (1) Known claims and associated expenses;  (2) Claims incurred but not reported and associated expenses;  (3) Unearned premiums; and  (4) Bad debts, reserves for which shall be shown as liabilities.  (b) The company shall compile and maintain statistical and actuarial data relating to the determination of premium rate levels, the incidence of work-related injuries, the cost of injuries, and other data relating to work injuries. The compiled information shall be submitted annually to the commissioner and to the director of labor and industrial relations. [L 1996, c 261, pt of §2]
HI Rev Stat § 431:14A-113 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14A-113 Annual accounting; dividends.

  §431:14A-113 Annual accounting; dividends. (a) The company shall conduct an annual accounting of its incurred loss experience and expenses.  (b) The board may declare and apportion reasonable dividends to policyholders, determined by an actuarial opinion prepared by a qualified actuary after evaluating the impact of the dividends on the solvency of the company. The dividends may be paid or credited to policyholders according to classifications of policies established by the board.  (c) No dividends shall be:  (1) Paid or credited in a manner that unfairly discriminates between policies within the same classification;  (2) Made contingent upon payment of any renewal premium on any policy; or  (3) Paid or credited in the first three years of operation of the company. [L 1996, c 261, pt of §2]
HI Rev Stat § 431:14A-114 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14A-114 Audits.

  §431:14A-114  Audits. The administrator, or designated representative, shall have reasonable access to any policyholder's payroll and employment records during regular working hours to carry out audits of payroll reported, the number of employees on the payroll, and other information necessary for the administration of this article. [L 1996, c 261, pt of §2]
HI Rev Stat § 431:14A-115 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14A-115 Denial, cancellation, and termination.

  §431:14A-115 Denial, cancellation, and termination. The company may deny coverage or renewal of an existing policy or may terminate an existing policy of a policyholder or applicant for:  (1) Nonpayment of an undisputed premium;  (2) Refusal to permit on-site workplace safety examinations;  (3) Failure to comply with workplace safety and health programs required by the company; or  (4) Failure to accurately disclose information concerning the applicant's or policyholder's ownership, change of ownership, operations, or payroll, including the allocation of payroll among state and federal compensation programs, and other information necessary for the board to determine premium rates. [L 1996, c 261, pt of §2]
HI Rev Stat § 431:14A-116 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:14A-116 Wilful misrepresentation and fraud.

  §431:14A-116 Wilful misrepresentation and fraud. (a) Any person who wilfully makes a false statement or representation for the purpose of directly obtaining any compensation or payment or for the purpose of avoiding any compensation or payment under this article shall be subject to the penalties in section 386-98.  (b) The company shall develop and implement a program to identify and investigate fraudulent insurance acts. [L 1996, c 261, pt of §2]