reglab/housing_qa huggingface dataset:
HI Rev Stat § 386-205 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-205 Refunds.

  §386-205 Refunds. (a) Any moneys for a fund year in excess of the amount necessary to fund all obligations for that fund year may be declared to be refundable by the board of trustees not less than twelve months after the end of the fund year.  (b) Each member shall be given a written description of the refund plan at the time of application for membership. A refund for any fund year shall be paid only to those employers who remain participants in the group for the entire fund year. Payment of a refund based on a previous fund year shall not be contingent on continued membership in the group after that fund year. [L 1986, c 304, pt of §1]
HI Rev Stat § 386-206 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-206 Premium payment; reserves.

  §386-206 Premium payment; reserves. (a) Each group shall establish to the satisfaction of the insurance commissioner a premium payment plan which shall include an initial payment by each member of at least twenty-five per cent of that member's annual premium before the start of the group's fund year and payment of the balance of each member's annual premium in monthly or quarterly installments.  (b) Each group shall establish and maintain actuarially appropriate loss reserves, which shall include reserves for known claims and expenses associated therewith and claims incurred but not reported and expenses associated therewith.  (c) Each group shall establish and maintain bad debt reserves based on the historical experience of the group or other groups. [L 1986, c 304, pt of §1]
HI Rev Stat § 386-207 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-207 Deficits and insolvencies.

  §386-207 Deficits and insolvencies. (a) If the assets of a group are at any time insufficient to enable the group to discharge its legal liabilities and other obligations and to maintain the reserves required of it under this chapter, the group shall forthwith make up the deficiency or levy an assessment upon its members for the amount needed to make up the deficiency.  (b) In the event of a deficiency in any fund year, the deficiency shall be made up immediately, either from:  (1) Surplus from a fund year other than the current fund year;  (2) Administrative funds;  (3) Assessment of the membership, if ordered by the group; or  (4) An alternate method as the insurance commissioner may approve or direct. The insurance commissioner shall be notified prior to any transfer of surplus funds from one fund year to another.  (c) If the group fails to assess its members or to otherwise make up the deficit within thirty days, the insurance commissioner shall order it to do so.  (d) If the group fails to make the required assessment of its members within thirty days after the insurance commissioner orders it to do so or if the deficiency is not fully made up within sixty days after the date on which the assessment is made or within a longer period of time as may be specified by the insurance commissioner, the group shall be deemed to be insolvent.  (e) The insurance commissioner shall proceed against an insolvent group in the same manner as the insurance commissioner would proceed against an insolvent domestic insurer in this State as prescribed in chapter 431, article 15. The insurance commissioner shall have the same powers and limitations in the proceedings as are provided under those laws, except as otherwise provided in this chapter.  (f) In the event of the liquidation of a group, the insurance commissioner shall levy an assessment upon its members for an amount as the insurance commissioner determines to be necessary to discharge all liabilities of the group, including the reasonable cost of liquidation. [L 1986, c 304, pt of §1; am L 1990, c 34, §24]
HI Rev Stat § 386-208 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-208 Guaranty mechanism.

  §386-208 Guaranty mechanism. In the event of a liquidation pursuant to section 386-207, after exhausting the security required pursuant to section 386-194(b)(2), the insurance commissioner shall levy an assessment against all groups to assure prompt payment of benefits. The assessment on each group shall be based on the proportion that the premium of each group bears to the total premium of all groups. The insurance commissioner may exempt a group from assessment upon finding that the payment of the assessment would render the group insolvent. The assessment shall not relieve any member of an insolvent group of its joint and several liability. After any assessment is made, the insurance commissioner shall take action to enforce the joint and several liability provisions of the insolvent group's indemnity agreement and shall recoup:  (1) All costs incurred by the insurance commissioner in enforcing the joint and several liability;  (2) Amounts that the insurance commissioner assessed any other groups pursuant to this section; and  (3) Any obligation included within section 386-207(f). [L 1986, c 304, pt of §1]
HI Rev Stat § 386-209 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-209 Monetary penalties.

  §386-209 Monetary penalties. After notice and opportunity for a hearing, the insurance commissioner may impose a monetary penalty on any person or group found to be in violation of any provision of this chapter or any rule adopted thereunder. The monetary penalty shall not exceed $1,000 for each act or violation and shall not exceed $10,000 in the aggregate. The amount of any monetary penalty shall be paid to the insurance commissioner and transmitted to the director of finance for deposit into the general fund. [L 1986, c 304, pt of §1]
HI Rev Stat § 386-210 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-210 Cease and desist orders.

  §386-210 Cease and desist orders. (a) After notice and opportunity for a hearing, the insurance commissioner may issue an order requiring a person or group to cease and desist from engaging in an act or practice found to be in violation of any provision of this chapter or any rule adopted under this chapter.  (b) Upon a finding, after notice and opportunity for a hearing, that any person or group has violated any cease and desist order, the insurance commissioner may do either or both of the following:  (1) Impose a monetary penalty of not more than $10,000 for each and every act or violation of the order, but not to exceed an aggregate monetary penalty of $100,000; or  (2) Revoke the group's certificate of approval or any insurance license held by the person. [L 1986, c 304, pt of §1]
HI Rev Stat § 386-211 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-211 Revocation of certificate of approval.

  §386-211 Revocation of certificate of approval. (a) After notice and opportunity for a hearing, the insurance commissioner may revoke a group's certificate of approval if the group:  (1) Is found to be insolvent;  (2) Fails to pay any premium tax, regulatory fee or assessment, or special compensation fund assessments imposed upon it; or  (3) Fails to comply with any provision of this chapter or any rule adopted under this chapter or with any lawful order of the insurance commissioner within the time prescribed.  (b) In addition, the insurance commissioner may revoke a group's certificate of approval if, after notice and opportunity for hearing, the insurance commissioner finds that:  (1) Any certificate of approval that was issued to the group was obtained by fraud;  (2) There was a material misrepresentation in the application for the certificate of approval; or  (3) The group or its administrator has misappropriated, converted, illegally withheld, or refused to pay over upon proper demand any moneys that belong to a member, an employee of a member, or a person otherwise entitled thereto and that have been entrusted to the group or its administrator in its fiduciary capacities. [L 1986, c 304, pt of §1]
HI Rev Stat § 386-212 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-212 Notice and hearing.

  §386-212 Notice and hearing. The insurance commissioner in the administration of this chapter shall comply with chapters 91 and 92 when applicable. [L 1986, c 304, pt of §1]
HI Rev Stat § 386-213 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-213 Rules.

  §386-213 Rules. The insurance commissioner shall adopt rules in accordance with chapter 91 for the purposes of this chapter. [L 1986, c 304, pt of §1]
HI Rev Stat § 386-214 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386. Workers' Compensation Law|386-214 Severability.

  §386-214 Severability. If any provision of this chapter, or the application thereof, to any person or circumstance, is subsequently held to be invalid, the invalidity shall not affect other provisions or applications of this chapter. [L 1986, c 304, pt of §1]
HI Rev Stat § 386A-1 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386A. Hawaii State Compensation Mutual Insurance Fund|386A-1 Definitions.

  §386A-1 Definitions. As used in this chapter:  "Board" means the fund's board of directors.  "Fund" means the Hawaii state compensation mutual insurance fund. [L 1985, c 296, pt of §11; am L 1989, c 277, §2]
HI Rev Stat § 386A-2 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386A. Hawaii State Compensation Mutual Insurance Fund|386A-2 Fund's establishment.

  §386A-2 Fund's establishment. (a) There is established a workers' compensation state insurance fund to be known as the "Hawaii state compensation mutual insurance fund".  (b) The fund shall not be an agency of the State. The fund shall be a nonprofit independent mutual insurance corporation under the control of a board of directors. The fund shall pay taxes and license fees like other insurance carriers.  (c) The fund's assets shall consist of real and personal property and shall include all premiums and other money paid to the fund, and all property and other income acquired, earned, or otherwise gained by the use of premiums and other money paid to the fund, by deposits, investments, exchanges, and other transactions. The fund's assets shall be the sole property of the fund and shall be used exclusively by the fund for the operation and obligations of the fund.  (d) Except for a state loan at its inception, the fund shall be self-supporting. The fund shall repay the State for the loan with interest within ten years.  (e) The fund's principal office shall be in Honolulu, Hawaii. The board may establish branch offices in other locations. [L 1985, c 296, pt of §11; am L 1989, c 277, §3]
HI Rev Stat § 386A-3 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386A. Hawaii State Compensation Mutual Insurance Fund|386A-3 Fund's purpose.

  §386A-3 Fund's purpose. The fund's purpose is to sell workers' compensation insurance at the lowest actuarially responsible price as determined by the fund's board. The fund shall commence operation upon appointment and qualification of the initial five members of the fund's board, but the workers' compensation insurance sold initially by the fund shall provide insurance coverage for work injuries occurring from a date to be established by the board and not more than one year from the date of the appointment and qualification.  The fund may serve as a model for the workers' compensation insurance industry to determine minimum insurance premium rates. It shall be competitive with other private workers' compensation insurance carriers. [L 1985, c 296, pt of §11; am L 1989, c 277, §4]
HI Rev Stat § 386A-5 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386A. Hawaii State Compensation Mutual Insurance Fund|386A-5 Board meetings.

  §386A-5 Board meetings. (a) The board's quorum to transact business shall consist of at least three directors. Unless a quorum is present, no business shall be transacted.  (b) Each director shall have one vote. All board actions and decisions shall be by majority vote.  (c) Directors shall determine the time and place of the board's regular meetings. The fund's administrator shall notify directors of the time and place of meetings.  (d) Special meetings may be held at the call of the chairperson or any two directors upon giving at least seven days' written notice to all other directors. Unless otherwise specified in the call and notice, meetings shall be held at the fund's principal office.  (e) Directors shall elect a chairperson, secretary, and treasurer and other officers as it decides.  (f) Directors may also exercise their powers by written assent of all directors. [L 1985, c 296, pt of §11]
HI Rev Stat § 386A-6 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386A. Hawaii State Compensation Mutual Insurance Fund|386A-6 Limitation of liability of directors.

  §386A-6 Limitation of liability of directors. If an investment manager has been appointed under this chapter, no director shall be liable for the acts or omissions of such investment manager or be under an obligation to invest or otherwise manage any assets of the fund, which are subject to management by the investment manager. [L 1985, c 296, pt of §11]
HI Rev Stat § 386A-7 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386A. Hawaii State Compensation Mutual Insurance Fund|386A-7 Liability and rights of parties and third persons.

  §386A-7 Liability and rights of parties and third persons. (a) Neither the State nor any policyholder nor any director or employee of the fund shall be liable to make any payments to the fund or pay any expenses of the fund, except as provided under this chapter.  No policyholder shall have any right to the return of any money paid to the fund, except as determined by the directors or by law.  (b) The board may refund premiums to policyholders; provided that such refunds do not jeopardize the fund's actuarial responsibility. [L 1985, c 296, pt of §11]
HI Rev Stat § 386A-8 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386A. Hawaii State Compensation Mutual Insurance Fund|386A-8 Termination and merger.

  §386A-8 Termination and merger. (a) The fund may be terminated only by law.  (b) Any assets remaining in the fund after the termination of the fund and any assets acquired or disbursed as a result of merger, consolidation, amalgamation, affiliation, exchange of credits, or otherwise, shall be used by the board solely for the purposes under this chapter and for administrative expenses incident thereto. [L 1985, c 296, pt of §11]
HI Rev Stat § 386A-9 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386A. Hawaii State Compensation Mutual Insurance Fund|386A-9 Governing law.

  §386A-9 Governing law. The interpretation of this chapter shall be governed by the laws of Hawaii. [L 1985, c 296, pt of §11]
HI Rev Stat § 386A-10 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386A. Hawaii State Compensation Mutual Insurance Fund|386A-10 Administrator's appointment and duties.

  §386A-10 Administrator's appointment and duties. The board shall appoint and may remove the fund's administrator and fix the administrator's salary. The administrator shall manage and conduct the fund's business affairs under the board's direction and policies. The administrator shall perform other duties prescribed by the board. [L 1985, c 296, pt of §11]
HI Rev Stat § 386A-11 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386A. Hawaii State Compensation Mutual Insurance Fund|386A-11 Exemptions.

  §386A-11 Exemptions. The fund shall be exempt from the application of title 7, title 8, and title 9, in conducting the fund's business. [L 1985, c 296, pt of §11]
HI Rev Stat § 386A-12 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386A. Hawaii State Compensation Mutual Insurance Fund|386A-12 State fund operational.

  §386A-12 State fund operational. The Hawaii state compensation mutual insurance fund shall become operational upon funding by special appropriation by the legislature. [L 1985, c 296, pt of §11; am L 1989, c 277, §7]
HI Rev Stat § 386A-13 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|386A. Hawaii State Compensation Mutual Insurance Fund|386A-13 Insurance code applicable.

  §386A-13 Insurance code applicable. The Hawaii state compensation mutual insurance fund shall be subject to the provisions of chapter 431 to the same extent and degree as any domestic provider of workers' compensation insurance within the State. Any statutory provisions which conflict with the provisions of this chapter, as amended, shall be resolved in terms of the language of this chapter. [L 1989, c 277, §8]
HI Rev Stat § 387-2 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|387. Wage and Hour Law|387-2 Minimum wages.

  §387-2 Minimum wages. (a) Except as provided in section 387-9 and this section, every employer shall pay to each employee employed by the employer, wages at the rate of not less than:  (1) $6.25 per hour beginning January 1, 2003;  (2) $6.75 per hour beginning January 1, 2006;  (3) $7.25 per hour beginning January 1, 2007;  (4) $7.75 per hour beginning January 1, 2015;  (5) $8.50 per hour beginning January 1, 2016;  (6) $9.25 per hour beginning January 1, 2017; and  (7) $10.10 per hour beginning January 1, 2018.  (b) The hourly wage of a tipped employee may be deemed to be increased on account of tips if the employee is paid not less than:  (1) 25 cents;  (2) 50 cents per hour beginning January 1, 2015; and  (3) 75 cents per hour beginning January 1, 2016, below the applicable minimum wage by the employee's employer and the combined amount the employee receives from the employee's employer and in tips is at least 50 cents more than the applicable minimum wage; provided that beginning January 1, 2015, the combined amount the employee receives from the employee's employer and in tips is at least $7.00 more than the applicable minimum wage. [L Sp 1941, c 66, §3; am L 1943, c 159, §2; RL 1945, §4353; am L 1945, c 15, §1(2); am L 1953, c 77, §1; am L 1955, c 15, §2; RL 1955, §94-3; am L 1957, c 256, §1; am L 1962, c 16, pt of §2; HRS §387-2; am L 1969, c 36, §3; am L 1974, c 14, §1; am L 1978, c 4, §1; gen ch 1985; am L 1987, c 224, §1; am L 1990, c 34, §25; am L 1991, c 264, §2; am L 2001, c 279, §1; am L 2005, c 240, §3; am L 2014, c 82, §1] Cross References  Service charge disclosure when not distributed as employees' tip income, see §481B-14. Case Notes  Defendants not entitled to summary judgment; in appropriate circumstances, porterage may be considered in the nature of "gratuities" for the purposes of §387-1 and this section; plaintiffs raised genuine issue of material fact as to whether "porterage" is a "gratuity of any kind". 78 H. 351, 893 P.2d 779 (1995).
HI Rev Stat § 387-4 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|387. Wage and Hour Law|387-4 Wage discrimination prohibited.

  §387-4 Wage discrimination prohibited. No employer shall discriminate in any way in the payment of wages as between persons of different races or religions or as between the sexes; provided that nothing herein shall prohibit a variation of rates of pay for employees engaged in the same classification of work based upon a difference in seniority, length of service, substantial difference in duties or services performed, difference in the shift or time of day worked, or hours of work; and provided that an employer who is paying a wage rate differential in violation of this section shall not, in order to comply with this section, reduce the wage rate of any employee. [L 1959, c 122, §2; Supp, §94-4.5; HRS §387-4; am L 1972, c 63, §1]
HI Rev Stat § 387-4.5 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|387. Wage and Hour Law|387-4.5 Provisions of law may not be waived by agreement.

  §387-4.5 Provisions of law may not be waived by agreement. No provision of this chapter may in any way be contravened or set aside by private agreement. [L 1977, c 92, §1]
HI Rev Stat § 387-5 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|387. Wage and Hour Law|387-5 Duty of director; employees, salaries.

  §387-5 Duty of director; employees, salaries. The director of labor and industrial relations shall enforce this chapter. The director may appoint such assistants and such clerical, stenographic, and other help as may be necessary for the proper enforcement of this chapter subject to any civil service act relating to state employees. The salaries of all of the foregoing appointees and employees shall be as fixed by law. [L Sp 1941, c 66, pt of §5; RL 1945, §4355; RL 1955, §94-5; am L Sp 1959 2d, c 1, §27; HRS §387-5]
HI Rev Stat § 387-7 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|387. Wage and Hour Law|387-7 Wilful violations; penalty.

  §387-7 Wilful violations; penalty. Any employer who wilfully hinders or delays the director or the director's authorized representative in the performance of the director's duties in the enforcement of this chapter; or who wilfully refuses to admit the director or the director's authorized representative to any place of employment; or who fails to keep or who falsifies any record required under section 387-6 or who refuses to make the records accessible or to give information required for the proper enforcement of this chapter, upon demand, to the director or the director's authorized representative shall be fined no more than $10,000, or imprisoned no more than ninety days, or both. [L Sp 1941, c 66, pt of §5; RL 1945, §4357; RL 1955, §94-7; HRS §387-7; gen ch 1985; am L 2020, c 44, §10] Cross References  Classification of offense and authorized punishment, see § §701-107, 706-640, and 706-663.
HI Rev Stat § 387-8 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|387. Wage and Hour Law|387-8 Disclosure of information.

  §387-8 Disclosure of information. Except as otherwise provided herein, information secured from inspection of the records, or from the transcriptions or from the taking of transcriptions thereof, or from inspection of the employer's premises by the director of labor and industrial relations or the director's authorized representative, shall be held confidential and shall not be disclosed or be open to any person. The information may be made available:  (1) To officials concerned with, and for the purposes of, the administration of the laws relating to matters under the jurisdiction of the director;  (2) To any agency of this or any other state, or any federal agency for the purposes of enforcing this chapter;  (3) To any employee to the extent necessary for the proper presentation of the employee's claim under section 387-12;  (4) To the Wage and Hour and Public Contracts Divisions of the United States Department of Labor. [L Sp 1941, c 66, pt of §5; am L 1943, c 159, §3; RL 1945, §4358; RL 1955, §94-8; am L 1965, c 132, §1(d); HRS §387-8; gen ch 1985]