reglab/housing_qa huggingface dataset:
HI Rev Stat § 431:8-317 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:8-317 License denial, nonrenewal, suspension, or revocation.

  §431:8-317 License denial, nonrenewal, suspension, or revocation. (a) The commissioner may deny, place on probation, suspend, revoke, or refuse to issue or renew any surplus lines broker's license and may levy a civil penalty in accordance with articles 2 and 3, or any combination of these actions, for any cause specified in any other provision of this chapter, or for any of the following causes:  (1) Failure to file statements required by section 431:8-313 or to pay the tax required by section 431:8-315;  (2) Failure to keep records or to allow the commissioner to examine the surplus lines broker's records as provided in this article;  (3) Removal of office accounts and records from this State during the period in which the accounts are required to be maintained under this article;  (4) Any of the causes for which a producer's license may be suspended or revoked under article 9A;  (5) Any cause for which issuance of the license could have been refused had it then existed and been known to the commissioner;  (6) Wilful violation or knowing participation in the violation of any provision of this code;  (7) Obtaining or attempting to obtain a license under this chapter through wilful misrepresentation or fraud, or failure to pass any examination required by section 431:8-324;  (8) Misappropriation, conversion to the licensee's own use, or illegally withholding moneys required to be held in a fiduciary capacity;  (9) Material misrepresentation with intent to deceive of the terms or effect of any insurance contract, or engagement or intent to engage in any fraudulent transaction;  (10) Commission of any unfair practice or fraud as defined in article 13;  (11) Conduct of affairs under a license issued pursuant to this chapter in a manner that causes injury and loss to the public;  (12) The issuance or purported issuance of any binder as to any insurer named in the binder if the licensee is not authorized to bind the insurer; or  (13) Dealing or attempting to deal with insurance or exercising powers relative to insurance outside the scope of the licensee's license.  (b) The license of any business entity may be denied, placed on probation, suspended, revoked, not issued, or not renewed for any of the causes applicable to any individual designated in the license to exercise the business entities' powers.  (c) The holder of any license which has been revoked or suspended shall surrender the license certificate to the commissioner at the commissioner's request.  (d) The procedures provided in article 9A for the suspension or revocation of producer licenses shall apply to suspension or revocation of a surplus lines broker's license.  (e) No broker whose license has been revoked shall again be licensed as a broker within one year thereafter, nor until any fines or delinquent taxes owing by the broker have been paid. [L 1987, c 347, pt of §2; am L 1989, c 195, §22; am L 2002, c 155, §20; am L 2003, c 212, §50; am L 2006, c 154, §12; am L 2011, c 68, §15; am L 2012, c 66, §5]
HI Rev Stat § 431:8-318 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:8-318 Examination of surplus lines broker's accounts and records

  §431:8-318 Examination of surplus lines broker's accounts and records. Whenever deemed necessary the commissioner may examine the records and accounts of any surplus lines broker to determine whether the broker is conducting business in accordance with the requirements of this article. [L 1987, c 347, pt of §2; am L 2003, c 212, §51]
HI Rev Stat § 431:8-319 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:8-319 Actions against surplus lines insurer; service of process.

  §431:8-319 Actions against surplus lines insurer; service of process. (a) A surplus lines insurer may be sued upon any cause of action arising in this State under any surplus lines insurance contract made by it or evidence of insurance issued or delivered by the surplus lines broker pursuant to the procedure provided in part II of this article. Any such policy issued by the surplus lines broker shall contain a provision stating the substance of this section and designating the person to whom the commissioner shall mail process.  (b) Each insurer assuming a surplus lines insurance in this State shall be deemed thereby to have subjected itself to this article.  (c) The remedies provided in this section are in addition to any other methods provided by law for service of process upon insurers. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:8-320 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:8-320 Penalties.

  §431:8-320 Penalties. (a) Any surplus lines broker who in this State represents or aids an unauthorized insurer in violation of this article may be fined not more than $1,000.  (b) In addition to any other penalty provided for in this part or otherwise provided by law, including any suspension, revocation or refusal to renew a license, any person, firm, association or corporation violating any provisions of this article shall be liable to a penalty not exceeding $1,000 for the first offense, and not exceeding $2,000 for each succeeding offense.  (c) The above penalties are not exclusive remedies, penalties may also be assessed under article 13. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:8-321 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:8-321 Nonresident licensing.

  §431:8-321 Nonresident licensing. (a) Except as provided in section 431:8-317, a nonresident applicant shall receive a nonresident surplus lines broker license if:  (1) The applicant is currently licensed and is in good standing as a resident surplus lines broker in the applicant's home state;  (2) The applicant has submitted the proper request for licensure and has paid the fees required by section 431:7-101;  (3) The applicant has submitted or transmitted to the commissioner the application for licensure that the applicant submitted to the applicant's home state, or in lieu of the same, a completed uniform application; and  (4) The applicant's home state awards nonresident surplus lines broker licenses to residents of this State on the same basis.  (b) The commissioner may verify the surplus lines broker's licensing status through the producer database maintained by the National Association of Insurance Commissioners, its affiliates, or its subsidiaries.  (c) A nonresident surplus lines broker who moves from one state to another state or a resident surplus lines broker who moves from this State to another state shall file a change of address with the commissioner and shall provide certification from the new resident state within thirty days of the change of legal residence. No fee or license application shall be required. Failure to timely inform the commissioner of a change in address shall result in a penalty pursuant to section 431:2-203. [L 2012, c 66, pt of §1]
HI Rev Stat § 431:8-322 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:8-322 Reciprocity.

 §431:8-322 Reciprocity.  (a) The commissioner shall waive any requirements for a nonresident surplus lines broker license applicant with a valid license from the applicant's home state, except for the requirements imposed by section 431:8-321, if the applicant's home state awards nonresident surplus lines broker licenses to residents of this State on the same basis.  (b) A nonresident surplus lines broker's satisfaction of the surplus lines broker's home state's continuing education requirements for licensed surplus lines brokers shall constitute satisfaction of this State's continuing education requirements if the nonresident surplus lines broker's home state recognizes the satisfaction of its continuing education requirements imposed upon surplus lines brokers from this State on the same basis. [L 2012, c 66, pt of §1]
HI Rev Stat § 431:8-323 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:8-323 Exemption from examination.

 §431:8-323 Exemption from examination. (a) Subject to section 431:8-322, an individual who applies for a nonresident surplus lines broker license in this State who was previously licensed to sell surplus lines insurance in another state shall not be required to complete any prelicensing education or examination. This exemption is only available if the person is currently licensed in that state or if the application is received within ninety days of the cancellation of the applicant's previous license and if the prior state issues a certification that, at the time of cancellation, the applicant was licensed in good standing in that state, or the state's producer database records, maintained by the National Association of Insurance Commissioners, its affiliates, or its subsidiaries, indicate that the surplus lines broker's license is or was in good standing.  (b) A person licensed as a surplus lines broker in another state who moves to this State and makes application within ninety days of establishing legal residence to become a resident licensee pursuant to section 431:8-310, shall not be required to satisfy the prelicensing educational components and examination otherwise required to obtain any line of authority previously held in the prior state, provided that the commissioner may impose these or other requirements by rule. [L 2012, c 66, pt of §1]
HI Rev Stat § 431:8-324 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:8-324 Surplus lines broker license examination

 §431:8-324 Surplus lines broker license examination. (a) An applicant for a surplus lines broker license shall pass a written examination unless exempt pursuant to section 431:8-323. The examination shall test the knowledge of the applicant concerning property, marine and transportation, vehicle, general casualty, and surety insurance, the duties and responsibilities of a surplus lines broker, and the insurance laws and rules of this State.  (b) The commissioner may make arrangements, including contracting with an outside testing service, for administering examinations and collecting fees pursuant to section 431:7-101. The fees collected shall be nonrefundable.  (c) An applicant who fails to appear for the examination as scheduled or fails to pass the examination shall reapply for an examination and remit all required fees and forms before being scheduled for another examination.  (d) An applicant's examination scores shall be valid for two years from the date of the examination. [L 2012, c 66, pt of §1]
HI Rev Stat § 431:8-325 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:8-325 Scope of examination.

 §431:8-325 Scope of examination. (a) The commissioner shall prescribe each examination, and each examination shall be of reasonably sufficient scope to test the applicant's knowledge relative to property, marine and transportation, vehicle, general casualty, and surety insurance, that may be dealt with under the license applied for, the duties and responsibilities relating thereto, and the laws of this State that are applicable to the licensee.  (b) The commissioner shall prepare and make available to surplus lines brokers a printed manual specifying in general terms the subjects that may be covered in any examination for a surplus lines broker license. [L 2012, c 66, pt of §1]
HI Rev Stat § 431:8-326 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:8-326 Time of examinations.

 §431:8-326 Time of examinations. (a) The commissioner shall give examinations within this State at times and places as may reasonably serve the convenience of both the commissioner and applicants.  (b) The commissioner may require a waiting period of not more than six months before giving a new examination to an applicant who has failed to pass two previous examinations for a surplus brokers license. [L 2012, c 66, pt of §1]
HI Rev Stat § 431:8-328 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:8-328 Continuing education recordkeeping

 §431:8-328 Continuing education recordkeeping. (a) Licensees shall maintain their own continuing education records and shall keep these records for four years after completion of an approved continuing education course.  (b) Approved course providers shall maintain attendance records for five years to permit the commissioner to verify the attendance and course completion of all licensees enrolled in an approved course. Approved course providers shall make their records available at all times to the commissioner. [L 2012, c 66, pt of §1]
HI Rev Stat § 431:8-329 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:8-329 Commissioner's authority to grant waiver.

 §431:8-329 Commissioner's authority to grant waiver. Upon receiving a written request and a showing of good cause, the commissioner may grant a waiver of any requirement of an insurance law or rule as applied to an applicant or a producer. [L 2012, c 66, pt of §1]
HI Rev Stat § 431:9-101 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:9-101 Scope.

Note Article heading amended by L 2000, c 288, §2; L 2003, c 212, §52. Case Notes Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this article (1993), it could not have been legally appointed as either a general agent, subagent, or solicitor of insurer; thus it did not qualify as a "general agent", "subagent", or "solicitor" as defined by this chapter (1993), did not fall within the parameters of the category described by §237-13(7) and was thus subject to a general excise tax rate of four per cent pursuant to §237-13(6). 115 H. 180, 166 P.3d 353 (2007). PART I. GENERAL PROVISIONS Case Notes Where management company for foreign insurer authorized to do business in Hawaii did not hold a general agent, subagent, or solicitor license under this article (1993), it could not have been legally appointed as either a general agent, subagent, or solicitor of insurer; thus it did not qualify as a "general agent", "subagent", or "solicitor" as defined by this chapter (1993), did not fall within the parameters of the category described by §237-13(7) and was thus subject to a general excise tax rate of four per cent pursuant to §237-13(6). 115 H. 180, 166 P.3d 353 (2007).  §431:9-101 Scope. This article shall govern the qualifications and procedures for granting licenses to all insurance adjusters and independent bill reviewers. [L 1987, c 347, pt of §2; am L 2000, c 288, §6; am L 2001, c 216, §7; am L 2006, c 154, §13]
HI Rev Stat § 431:9-105 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:9-105 Definitions.

  §431:9-105 Definitions. As used in this article, unless the context otherwise requires:  "Adjuster":  (1) Means any individual who:  (A) Acts solely on behalf of either the insurer or the insured, as an independent contractor or as an employee of an independent contractor; and  (B) Investigates for, reports to, or adjusts for the individual's principal relative to claims arising under insurance contracts; but  (2) Does not include an individual who is:  (A) An attorney at law who adjusts insurance losses from time to time incidental to the practice of the attorney's profession;  (B) An adjuster of marine losses;  (C) A salaried employee of an insurer or salaried employee of an adjusting corporation or an association owned or controlled by an insurer; or  (D) An individual who acts for a self-insurer or for an insured that administers its own group insurance contract.  "Independent adjuster" means an adjuster representing the interests of the insurer.  "Independent bill reviewer":  (1) Means any individual who:  (A) Acts solely on behalf of either the insurer as an independent contractor or as an employee of an independent contractor; and  (B) Reviews or audits billings for medical services; but  (2) Does not include an individual who is:  (A) A salaried employee of an insurer or salaried employee of an adjusting corporation or an association owned or controlled by an insurer; or  (B) A database provider for the insurer.  "Public adjuster" means an adjuster employed by and solely representing the financial interests of the insured named in the policy. [L 1987, c 347, pt of §2; am L 1997, c 83, §2; am L 2000, c 182, §8; am L 2002, c 155, §21; am L 2006, c 154, §14]
HI Rev Stat § 431:9-202 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:9-202 REPEALED.

  §431:9-202 REPEALED.  L 2001, c 216, §31.
HI Rev Stat § 431:9-203 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:9-203 General qualifications for license.

  §431:9-203 General qualifications for license. (a) For the protection of the public, the commissioner shall not issue or extend any license for an adjuster or independent bill reviewer:  (1) Except as provided by this article; or  (2) To any individual less than eighteen years of age.  (b) An applicant for a license under this article shall notify the commissioner of the applicant's legal name.  (c) An applicant shall apply to the department of commerce and consumer affairs and the commissioner for approval of the use of a trade name pursuant to section 431:2-217.  (d) A licensee shall:  (1) Inform the commissioner by any means acceptable to the commissioner of any change of status within thirty days of the change;  (2) Report any change of status to the business registration division if the licensee is a business entity registered with the department of commerce and consumer affairs pursuant to title 23 or title 23A, or if the licensee has registered a trade name pursuant to part II of chapter 482; and  (3) Apply to the department of commerce and consumer affairs and the commissioner for approval to change the status of a trade name pursuant to section 431:2-217.  Failure to timely inform the commissioner or business registration division of a change of status shall result in a penalty pursuant to section 431:2-203.  (e) As used in this section, "change of status" includes but shall not be limited to change of legal name, assumed name, trade name, business address, home address, mailing address, business phone number, business fax number, business electronic mail address, business website address, or home phone number. [L 1987, c 347, pt of §2; am L 2006, c 154, §16; am L 2010, c 116, §1(5); am L 2011, c 43, §14; am L 2019, c 70, §10]
HI Rev Stat § 431:9-204 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:9-204 Applications for license.

  §431:9-204 Applications for license. (a) Application for an adjuster or independent bill reviewer license shall be made to the commissioner upon forms prescribed and furnished by the commissioner. As a part of or in connection with the application, the applicant shall furnish information including:  (1) The applicant's identity, personal history, experience, business records, and a full set of fingerprints, including a scanned file from a hard copy fingerprint, for the commissioner to obtain and receive national and state criminal history record checks from the Federal Bureau of Investigation and the Hawaii criminal justice data center, pursuant to section 846-2.7; and  (2) Other pertinent facts as the commissioner may reasonably require.  (b) Any person who wilfully misrepresents or omits any fact required to be disclosed in an application filed pursuant to this section shall be liable for penalties as provided by this code. [L 1987, c 347, pt of §2; am L 2009, c 77, §16; am L 2011, c 81, §5]
HI Rev Stat § 431:9-205 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:9-205 REPEALED.

  §431:9-205 REPEALED.  L 2001, c 216, §32.
HI Rev Stat § 431:9-206 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:9-206 Examinations for license.

  §431:9-206 Examinations for license. Prior to the issuance of the license, each applicant for license as an adjuster or independent bill reviewer shall personally take and pass to the satisfaction of the commissioner an examination given by the commissioner as a test of the applicant's qualifications and competence. [L 1987, c 347, pt of §2; am L 1993, c 205, §15; am L 1997, c 234, §2; am L 2000, c 288, §8; am L 2001, c 216, §9; am L 2021, c 111, §5] Cross References  Qualification for independent bill reviewer's license, see §431:9-243.
HI Rev Stat § 431:9-207 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:9-207 Scope of examination

  §431:9-207 Scope of examination (a) Each examination shall be as the commissioner prescribes and shall be of reasonably sufficient scope to test the applicant's knowledge relative to the classes of insurance which may be dealt with under the license applied for, and of the duties and responsibilities of, and the laws of this State applicable to, such licensee.  (b) The commissioner is required to prepare and make available to insurers and applicants a printed manual specifying in general terms the subjects which may be covered in any examination for a particular license. [L 1987, c 347, pt of §2; am L 2001, c 216, §10]
HI Rev Stat § 431:9-208 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:9-208 Time of examinations.

  §431:9-208 Time of examinations. (a) The commissioner shall give examinations at such times and places within this State as are reasonably necessary to serve the convenience of both the commissioner and applicants.  (b) The commissioner may require a waiting period of not more than six months before giving a new examination to an applicant who has failed to pass two previous similar examinations. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:9-209 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:9-209 Advisory board.

  §431:9-209 Advisory board. The commissioner may, in the commissioner's discretion, appoint a group of individuals, to be known as the advisory board, to make recommendations to the commissioner concerning any matter relating to the examinations provided for by this article. Any individual appointed to the advisory board shall not be entitled to any compensation for the individual's services. The commissioner shall select a group who represents fairly the insurance industry in this State. The commissioner shall decide how long each individual is to serve on the advisory board. [L 1987, c 347, pt of §2]
HI Rev Stat § 431:9-214 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:9-214 REPEALED.

 §431:9-214 REPEALED. L 2002, c 155, §107.
HI Rev Stat § 431:9-220 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:9-220 REPEALED.

  §431:9-220 REPEALED. L 2004, c 122, §95.
HI Rev Stat § 431:9-221 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:9-221 REPEALED.

  §431:9-221 REPEALED. L 2001, c 216, §43.
HI Rev Stat § 431:9-222 (2021)
2021 Hawaii Revised Statutes|Title 24. Insurance|431. Insurance Code|431:9-222 Qualification for adjuster's license.

  §431:9-222 Qualification for adjuster's license. (a) To qualify for an adjuster's license, an applicant shall comply with this article and shall:  (1) Be domiciled in this State, or in a state that will permit residents of this State to act as adjusters in the other state;  (2) Have had experience, special education, or training with reference to the handling of loss claims under insurance contracts, of sufficient duration and extent reasonably to make the individual competent to fulfill the responsibilities of an adjuster;  (3) Have successfully passed any examination required under section 431:9-206; and  (4) Have paid the license fees required by section 431:7-101.  (b) In addition to the requirements in subsection (a), an applicant for a public adjuster's license must file the bond required by section 431:9-223. [L 1987, c 347, pt of §2; am L 1997, c 234, §8; am L 2006, c 154, §17]