reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9A-110 Legal, trade, and assumed names.

§431:9A-110 Legal, trade, and assumed names.
(a) Every insurance producer doing business in this State shall notify the commissioner in writing of the insurance producer's legal name.
(b) An insurance producer shall apply to the department of commerce and consumer affairs and the commissioner for approval of the use or change of a trade name pursuant to section 431:2-217.
(c) An insurance producer doing business under any assumed name, other than the producer's legal name, shall notify the commissioner in a form prescribed by the commissioner. [L 2001, c 216, pt of §2; am L 2006, c 154, §29; am L 2019, c 70, §12]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9A-111 Temporary licensing.

§431:9A-111 Temporary licensing.
(a) The commissioner may issue a temporary insurance producer license for a period not to exceed one hundred eighty days without requiring an examination if the commissioner deems that the temporary license is necessary for the servicing of an insurance business in the following cases:
(1) To the surviving spouse or court-appointed personal representative of a licensed insurance producer who dies or becomes mentally or physically disabled to allow adequate time for the sale of the insurance business owned or controlled by the producer or for the recovery or return of the producer to the business or to provide for the training and licensing of new personnel to operate the producer's business;
(2) To a member or employee of a business entity licensed as an insurance producer, upon the death or disability of an individual designated in the business entity application or the license;
(3) To the designee of a licensed insurance producer entering active service in the armed forces of the United States of America; or
(4) In any other circumstance where the commissioner deems that the public interest will best be served by the issuance of this temporary license.
(b) The commissioner may by order limit the authority of any temporary licensee in any way deemed necessary to protect insureds and the public. The commissioner may require the temporary licensee to have a suitable sponsor who is a licensed producer or insurer and who assumes responsibility for all acts of the temporary licensee. The commissioner may impose other similar requirements designed to protect insureds and the public. The commissioner may by order suspend or revoke a temporary license if the interest of insureds or the public are endangered. A temporary license may not continue after the owner, the personal representative, or the person controlling the business disposes of the business. [L 2001, c 216, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9A-112.3 Suspension or denial of license for noncompliance with support order.

§431:9A-112.3 Suspension or denial of license for noncompliance with support order.
In addition to any other acts or conditions provided by law, the commissioner shall refuse to renew, reinstate, or restore, or shall deny or suspend any license if the commissioner has received certification from the child support enforcement agency pursuant to the terms of section 576D-13 that the licensee or applicant is not in compliance with an order of support or has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding. Unless otherwise provided by law, following receipt of certification pursuant to this section, the commissioner shall renew, reinstate, restore, or grant the license only upon receipt of an authorization from the child support enforcement agency, office of child support hearings, or the family court. Sections 92-17, 431:9A-112, and 431:9A-126
shall not apply to a refusal to renew, reinstate, or restore a license or to a license suspension or denial pursuant to this section. [L 2003, c 212, §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9A-112.5 Controlled business.

§431:9A-112.5 Controlled business.
(a) The commissioner shall neither grant nor extend a producer's license to any person if the commissioner has reasonable cause to believe that:
(1) In the case of an application for license extension, during either of the two calendar years immediately preceding the extension date of the license, the aggregate amount of premiums on insurance represented by controlled business exceeded the aggregate amount of premiums on all other insurance business of the licensee; or
(2) The circumstances of the applicant for license issuance or extension are such as to cause the commissioner reasonably to believe that during the twelve-month period that would immediately follow the issuance or extension of the license, if granted, the aggregate amount of premiums on controlled business would exceed the aggregate amount of premiums on all other insurance business of the applicant.
(b) "Controlled business" means insurance procured or to be procured by or through a licensee upon:
(1) The licensee's own life, person, property, or risks, or those of the licensee's immediate family; or
(2) The life, person, property, or risks of the licensee's employer or partnership, of which the licensee or a member of the licensee's immediate family is an officer, director, substantial stockholder, partner, associate, or employee. [L 2002, c 155, pt of §3]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9A-113 Commissions.

§431:9A-113 Commissions.
(a) An insurance company or insurance producer shall not pay a commission, service fee, brokerage fee, or other valuable consideration to a person for selling, soliciting, or negotiating insurance in this State if that person is required to be licensed under this article and is not so licensed.
(b) A person shall not accept a commission, service fee, brokerage fee, or other valuable consideration for selling, soliciting, or negotiating insurance in this State if that person is required to be licensed under this article and is not so licensed.
(c) Renewal or other deferred commissions may be paid to a person for selling, soliciting, or negotiating insurance in this State if that person was required to be licensed under this article at the time of the sale, solicitation, or negotiation and was so licensed.
(d) An insurer or insurance producer may pay or assign commissions, service fees, brokerage fees, or other valuable consideration to an insurance agency or to persons who do not sell, solicit, or negotiate insurance in this State, unless the payment would violate section 431:13-103. [L 2001, c 216, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9A-114 Appointments.

§431:9A-114 Appointments.
(a) An insurance producer shall not act as an agent of an insurer unless the producer becomes an appointed agent of that insurer.
(b) To appoint a producer as its agent, the insurer shall file, in a format approved by the commissioner, a notice of appointment within fifteen days from the date the agency or business entity contract is executed or the first insurance application is submitted to the insurer. If the appointment form is not received by the commissioner within the fifteen-day period, the appointment shall become effective on the date on which the commissioner receives the appointment form. A producer shall disclose to a client if the conditions of subsection (a) have not been met. An insurer may also elect to appoint a producer to all or some insurers within the insurer's holding company system or group by filing with the commissioner a single appointment notice.
(c) Upon receipt of the notice of appointment and within a reasonable time not to exceed thirty days, the commissioner shall verify that the producer is eligible for appointment. If the producer is determined to be ineligible for appointment, the commissioner shall notify the appointing insurer within five days of its determination.
(d) An appointing insurer shall pay an appointment fee, in the amount and method of payment set forth in article 7, for each producer appointed by the appointing insurer.
(e) An appointing insurer shall remit, in a manner prescribed by the commissioner, a renewal appointment fee in the amount set forth in article 7. [L 2001, c 216, pt of §2; am L 2002, c 155, §32; am L 2017, c 152, §8; am L 2018, c 8, §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9A-116 Reciprocity.

§431:9A-116 Reciprocity.
(a) The commissioner shall waive any requirements for a nonresident license applicant with a valid license from the applicant's home state, except the requirements imposed by section 431:9A-108, so long as the applicant's home state awards nonresident licenses to residents of this State on the same basis.
(b) A nonresident producer's satisfaction of the producer's home state's continuing education requirements for licensed insurance producers shall constitute satisfaction of this State's continuing education requirements so long as the nonresident producer's home state recognizes the satisfaction of its continuing education requirements imposed upon producers from this State on the same basis. [L 2001, c 216, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9A-117 Reporting of actions.

§431:9A-117 Reporting of actions.
(a) A producer shall report to the commissioner any civil or administrative action taken against the producer in any jurisdiction or by a governmental agency in any state within thirty days of the final disposition of the matter.
(b) Within thirty days of arraignment, a producer shall report to the commissioner any criminal prosecution of the producer being taken in any jurisdiction.
(c) The report shall include a copy of the initial complaint or indictment filed and any and all other relevant legal documents. [L 2001, c 216, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9A-119 Scope of examination.

§431:9A-119 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 the classes of 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 is required to prepare and make available to insurance producers a printed manual specifying in general terms the subjects which may be covered in any examination for a particular license. [L 2001, c 216, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9A-120 Time of examinations.

§431:9A-120 Time of examinations.
(a) The commissioner shall give examinations within this State at such 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, similar examinations. [L 2001, c 216, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9A-121 Advisory board.

§431:9A-121 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 that fairly represents the insurance industry in this State. The commissioner shall decide how long each individual is to serve on the advisory board. This section shall not be subject to the requirements of chapter 92. [L 2001, c 216, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9A-122 Place of business.

§431:9A-122 Place of business.
(a) Every licensed insurance producer shall have and maintain in this State, or, if a nonresident insurance producer, in the nonresident's home state, a place of business accessible to the public.
(b) The place of business shall be where the licensee principally conducts transactions under the licensee's licenses.
(c) The licensee shall notify the commissioner of any change of business address within thirty days of the change. [L 2001, c 216, pt of §2; am L 2006, c 189, §5; am L 2010, c 116, §1(8)]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9A-123 Records of insurance producer.

§431:9A-123 Records of insurance producer.
(a) Every insurance producer shall keep a record of all transactions consummated under the producer's license. The record required by this section shall be in a form organized according to class of insurance and shall include:
(1) A record of each insurance contract procured or issued, together with the names of the insurers and insureds, the amount of premium paid or to be paid or the basis of the premium or consideration paid or to be paid, and a statement of the subject of the insurance; and
(2) Other and additional information as shall be customary, or as may reasonably be required by the commissioner.
(b) All the records as to any particular transaction shall be kept in the licensee's office and shall be available and open to the inspection of the commissioner during business hours during the five years immediately after the date of the completion of the transaction.
(c) This section shall not apply to life or accident and health or sickness insurance if the records required of the insurance are customarily maintained in the offices of the insurer.
(d) This section shall not apply to motor vehicle or homeowners insurance if the records required of the insurance are maintained electronically, accessible by the producer, and available within one business day. [L 2001, c 216, pt of §2; am L 2002, c 155, §34; am L 2011, c 7, §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9A-123.5 Reporting and accounting for premiums

§431:9A-123.5 Reporting and accounting for premiums
. (a) Every licensed producer shall have the responsibilities of a trustee for all premium and return premium funds received or collected under this article.
(b) The licensee, upon receipt of the funds, shall either:
(1) Remit the premiums (less commissions) and return premiums received or held by the licensee to the insurers or the persons entitled to such funds; or
(2) Maintain the funds at all times in a federally insured account with a bank, savings and loan association, or financial services loan company situated in Hawaii, separate from the licensee's own funds or funds held by the licensee in any other capacity, in an amount at least equal to the premiums (net of commissions) and return premiums received by such licensee and unpaid to the insurers or persons entitled to such funds. Return premiums shall be returned within thirty days, unless directed otherwise in writing by the person entitled to the funds. The licensee shall not be required to maintain a separate bank account or other account for the funds of each insurer or person entitled to such funds, if and so long as the funds held for the insurer or person entitled to such funds are reasonably ascertainable from the books of account and records of the licensee. Only such additional funds as may be reasonably necessary to pay bank, savings and loan association, or financial services loan company charges may be commingled with the premium funds. If the bank, savings and loan association, or financial services loan company account is an interest earning account, the licensee may not retain the interest earned on such funds for the licensee's own use or benefit without the prior written consent of the insurers or person entitled to such funds. A premium trustee account shall be designated on the records of the bank, savings and loan association, or financial services loan company as a "trustee account established pursuant to section 431:9A-123.5, Hawaii Revised Statutes", or words of similar import.
(c) Any such licensee who, not being lawfully entitled to such funds, diverts or appropriates such funds or any portion of them to the licensee's own use, shall be subject to any penalties as provided by law. [L 2002, c 155, pt of §3]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9A-125 Continuing education recordkeeping.

§431:9A-125 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. These course providers shall make the records available at all times to the commissioner. [L 2001, c 216, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9A-126 Power to fine.

§431:9A-126 Power to fine.
(a)
The order levying the fine through section 431:9A-112 shall specify the period within which the fine shall be fully paid, and that period shall be not less than thirty nor more than forty-five days from the date of the order.
(b) Upon the licensee's failure to pay any fine when due, the commissioner shall revoke the license of the licensee if not already revoked, and the fine may be recovered in a civil action brought on behalf of the commissioner by the attorney general.
(c) Any fine collected shall be paid by the commissioner to the director of finance for the account of the compliance resolution fund. [L 2001, c 216, pt of §2; am L 2003, c 212, §67]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9A-127 Fine in lieu.

§431:9A-127 Fine in lieu.
(a) Upon the hearing of an appeal from an order imposing any sanction upon a licensee in accordance with section 431:9A-112, the court may impose a fine of not more than $10,000 in lieu of the commissioner's action, and payment of that fine within ten days of the court's order shall result in the acceptance of the licensee's application or the reinstatement, restoration, or extension of that license if:
(1) The court finds that the licensee violated the law; and
(2) The court deems the sanction imposed too severe a penalty under the facts as found.
(b) If the licensee has previously been sanctioned for a similar offense, the court shall not have jurisdiction to impose a fine in lieu of the commissioner's action. [L 2001, c 216, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9A-128 Nondiscrimination.

§431:9A-128 Nondiscrimination.
Continuing education courses provided by insurers to insurance producers shall be subject to the same standards, reviews, and credits as other continuing education courses. Nothing in this article is intended to preclude the provision of continuing education courses by insurers to insurance producers; provided that no credit shall be given for any course unless it is a continuing education course approved by the commissioner. [L 2001, c 216, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9A-129 Penalty.

§431:9A-129 Penalty.
(a) The commissioner may revoke or suspend the certificate of an approved course provider for any violation of the insurance code, subject to the right of the provider to a hearing as provided in section 431:2-308.
(b) The commissioner shall sanction the license of any licensee who has submitted an invalid, false, or fraudulent certificate of completion, subject to the right of a licensee to have a hearing as provided in chapter 91.
(c) The commissioner shall revoke the approval of an approved course provider who has issued a certificate of completion to a licensee who has not attended the continuing education course or to a licensee who has not met the course requirements, subject to the right of an approved course provider to have a hearing as provided in section 431:2-308. [L 2001, c 216, pt of §2; am L 2002, c 155, §36; am L 2003, c 212, §68]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9A-130 Commissioner's authority to grant waiver.

§431:9A-130 Commissioner's authority to grant waiver.
Upon the receiving of a written request and a showing of good cause, the commissioner shall have the authority to grant a waiver of any requirement of an insurance law or insurance rule as applied to an applicant or a producer. [L 2001, c 216, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9A-141 Definitions.

§431:9A-141 Definitions.
Unless specified otherwise, the following definitions shall be used in this part in addition to other definitions in chapter 431:
"Limited lines motor vehicle rental company producer" or "rental company producer" means a motor vehicle rental company that is licensed by the commissioner to solicit and sell insurance coverages only in connection with and which are incidental to the rental company's business of renting motor vehicles.
"Motor vehicle rental agreement" or "rental agreement" means any written agreement setting forth the terms and conditions governing the use of a motor vehicle that is rented or leased from a rental company.
"Motor vehicle rental company" or "rental company" means any person that is primarily in the business of providing motor vehicles to the public under a motor vehicle rental agreement for a rental period not to exceed ninety days.
"Motor vehicle renter" means any person obtaining the use of a vehicle from a rental company under the terms of a rental agreement for a rental period not to exceed ninety days.
"Rental vehicle" or "vehicle" means a motor vehicle:
(1) Of the private passenger type including passenger vans, minivans, and sport utility vehicles; or
(2) Of the cargo type, including cargo vans or pickup trucks with a gross vehicle weight of less than twenty-six thousand pounds,
that do not require a commercial driver's license for the operation of the vehicle. [L 2002, c 235, pt of §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9A-151 Continuing education course provider certificate.

§431:9A-151 Continuing education course provider certificate.
(a) An approved continuing education course shall be offered only by a person who has a valid continuing education course provider certificate. Any person seeking a continuing education course provider certificate shall submit to the commissioner at least sixty days prior to the date the course will be offered:
(1) An application in duplicate on a form prescribed by the commissioner; and
(2) The appropriate application fee.
(b) A continuing education [course] provider, who is seeking renewal of the certificate, shall submit to the commissioner at least sixty days prior to the expiration of the certificate:
(1) A renewal application in duplicate in a form prescribed by the commissioner; and
(2) The appropriate renewal application fee.
(c) The continuing education course provider certificate:
(1) Shall expire:
(A) On July 1 of the calendar year immediately following the calendar year the application for the initial certificate was received, if the application was received in the months of January through June; or
(B) On July 1 of the second calendar year following the calendar year the application for the initial certificate was received, if the application was received in the months of July through December; and
(2) May thereafter be renewed by application for a period of one year beginning on July 1 and ending on July 1 of the following calendar year,
unless the certificate is earlier suspended or revoked by the commissioner.
(d) An application may be denied, or the continuing education course provider certificate may be suspended or revoked, if the commissioner determines that the applicant or an officer, director, partner, or owner of an applicant entity:
(1) Is not qualified to perform the duties and responsibilities listed in this chapter;
(2) Engaged in false, fraudulent, or deceptive advertising or in making false or untruthful statements to the public or the commissioner;
(3) Procured any past license or regulatory approval through fraud, misrepresentation, or deceit;
(4) Aided and abetted an unlicensed person in performing, directly or indirectly, any activities requiring a license;
(5) Failed to maintain a record or history of competency, trustworthiness, fair dealing, or financial integrity;
(6) Engaged in business under a past or present license issued pursuant to licensing laws, in a matter causing injury to one or more members of the public;
(7) Failed to comply, observe, or adhere to any law in a manner such that the commissioner deems the applicant to be unfit for approval;
(8) Has been refused a professional, occupational, or vocational license, has had such a license suspended, revoked, or restricted, or has been fined or placed on probation by any licensing authority; or
(9) Has been convicted of a felony or a misdemeanor involving a fraudulent act or an act of dishonesty in the acceptance, custody, or payment of money or property. [L 2003, c 55, pt of §1; am L 2006, c 154, §33]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9A-152 Continuing education course provider additional duties.

§431:9A-152
Continuing education course provider additional duties.
In addition to other duties and obligations imposed by law, a continuing education course provider shall be responsible for:
(1) Ensuring that each course is taught by a qualified instructor;
(2) Providing course schedules at least thirty days prior to the start date of each class;
(3) Monitoring attendance by having licensees who are taking the continuing education course, sign-in at the time of entrance to the course, and sign-out upon completion of the course, for courses other than self-study courses;
(4) Supervising and evaluating courses and instructors;
(5) Administering examinations when applicable;
(6) Verifying and submitting in the appropriate format, on a timely basis, course attendance and completion rosters and other information required by law;
(7) Signing and issuing to a licensee, in a form approved by the commissioner, a certificate of completion within fifteen days of completion of a continuing education course;
(8) Providing continuing education course application materials, including a detailed course content outline and a copy of the provider's tuition and fee refund policy, upon a licensee's request; and
(9) Publishing and abiding by a refund policy that complies with rules adopted by the commissioner. [L 2003, c 55, pt of §1; am L 2006, c 154, §34]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9A-153 Courses.

§431:9A-153 Courses.
(a) No continuing education course hours shall be credited for a course unless the provider conducting the course has a valid continuing education course provider certificate at the time the course is conducted.
(b) In determining whether to approve a course, the commissioner may consider whether the course:
(1) Is a formal program of learning that contributes directly to the professional competence of licensees;
(2) Will enhance and improve the knowledge of licensees with regard to the conduct of the business of insurance in the State;
(3) Includes methods to evaluate and assess the effectiveness of the course;
(4) Is appropriately classified as "basic", "intermediate", or "advanced"; and
(5) Includes a bibliography of reference materials and supplemental teaching aids.
(c) The commissioner shall not grant continuing education credit for any course work that focuses on:
(1) Personal development;
(2) Motivational or public speaking;
(3) Salesmanship;
(4) Product presentation;
(5) Mechanical office skills, including but not limited to typing, speed reading, use of calculators, computers, or other office machinery; or
(6) Other subject matter not related to the business of insurance as determined by the commissioner.
(d) A continuing education course provider shall submit for approval to the commissioner a course application at least sixty days prior to the date the course will be offered. Course applications shall be submitted to the commissioner for approval for new courses, renewals of course certificates, or whenever changes are proposed in the course material, course hours, method of presentation, or method of examination. A continuing education course provider shall obtain the commissioner's prior approval for the course before advertising or soliciting for the course.
(e) Continuing education credit hours shall be approved in increments of not less than one credit hour.
(f) No course shall be approved for more than twenty-four credit hours.
(g) The continuing education course certificate shall expire:
(1) On July 1 of the calendar year immediately following the calendar year the application for the initial certificate was received, if the application was received in the months of January through June; or
(2) On July 1 of the second calendar year following the calendar year the application for the initial certificate was received, if the application was received in the months of July through December.
The certificate may be renewed once for a two-year period by application beginning on July 1 and ending on July 1 of the second calendar year; provided that the certificate is not suspended, expired, or revoked by the commissioner. [L 2003, c 55, pt of §1; am L 2006, c 154, §35; am L 2013, c 190, §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9A-154 Self-study courses.

§431:9A-154 Self-study courses.
(a) In addition to the requirements of courses generally, an approved continuing education course provider shall also require for self-study courses, including computer-based courses, a written or computer-based examination at the conclusion of the self-study course. The examination shall:
(1) Be composed of multiple choice questions, essay questions, or both;
(2) Have at least three different versions of itself, used on a random or rotating basis;
(3) If composed of multiple choice questions for a course approved for up to four credit hours, include at least twenty-five multiple choice questions;
(4) If composed of multiple choice questions for a course approved for more than four credit hours, include at least fifty multiple choice questions;
(5) Be graded by the continuing education course provider or the continuing education course provider's agent;
(6) If the examination is computer-based, not include prompts designed to aid the person taking the examination; and
(7) If the course is a computer-based course with a computer-based examination, be designed to prevent the licensee from taking the examination without reviewing the course materials.
(b) To pass a multiple-choice self-study course, the licensee shall answer at least seventy per cent of the examination questions correctly.
(c) A self-study course examination shall not be administered by a person who:
(1) Is related to, or is a business associate of, the licensee taking the examination; or
(2) Has a financial interest in the success or failure of a licensee taking the examination.
(d) The effective date of a completed examination pursuant to this section shall be the date the continuing education course provider receives the completed examination. Upon receipt of the completed examination, the continuing education course provider or the continuing education course provider's agent shall grade the examination and mail the results to the licensee within fifteen days. [L 2003, c 55, pt of §1; am L 2006, c 154, §36]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9A-156 Course instructors.

§431:9A-156 Course instructors.
(a) The commissioner may deem a continuing education course instructor unqualified if the instructor has been subject to suspension, revocation, or other disciplinary proceeding in relation to an insurance license or other financial services license by the State or other jurisdiction.
(b) A continuing education course provider shall give the commissioner access to the employment records of any instructor employed by the provider.
(c) A provider shall require the instructor to display a photo identification to any insurance division representative who conducts an official audit during an instruction period. [L 2003, c 55, pt of §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9A-157 Tuition.

§431:9A-157 Tuition.
(a) The following are requirements that providers shall follow:
(1) Tuition fees for courses shall be reasonable and clearly identified;
(2) If the course is canceled for any reason, all fees shall be refunded in full unless the enrollment application contains a refund policy clause that expressly states otherwise. If the fees are refundable, the continuing education course provider shall refund the fees within forty-five days after the cancellation;
(3) In the event a course is postponed for any reason, a licensee shall be given the choice of attending the course at a later date or having the fee refunded in full. If a licensee chooses not to attend a postponed course, the continuing education course provider shall refund the fees within forty-five days after the postponement; and
(4) A provider may have a refund policy that addresses a licensee's cancellation or failure to complete a course, so long as that policy is clear to the licensee and in compliance with this section.
(b) A continuing education course provider may offer a continuing education course free of tuition. [L 2003, c 55, pt of §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9A-158 Reporting credit hours and recordkeeping.

§431:9A-158
Reporting credit hours and recordkeeping.
Continuing education course providers shall:
(1) Submit course completion information as prescribed by the commissioner to the insurance division within fifteen days after the course is completed or the competency examination is scored. The information shall be transmitted in an electronic form in the format prescribed by the commissioner; and
(2) Maintain adequate records to verify the attendance and successful course completion pursuant to section 431:9A-125(b). [L 2003, c 55, pt of §1; am L 2006, c 154, §37]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9A-159 Advertising.

§431:9A-159 Advertising.
(a) A course shall not be advertised as an approved course for continuing education credit unless the commissioner has approved the course in writing.
(b) Advertisements for an approved course shall include:
(1) The provider's name, course title, and course number;
(2) The statement "Approved by the Hawaii State Insurance Commissioner for continuing education credit";
(3) The number of approved credit hours; and
(4) The amount of tuition, fees, and all other associated expenses. [L 2003, c 55, pt of §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9A-160 Advisory committee.

§431:9A-160 Advisory committee.
(a) The commissioner may establish an advisory committee, which shall be composed of nine members appointed by the commissioner of which:
(1) Eight members shall be practicing licensees with active licenses; and
(2) One member shall be from the insurance division.
Members shall serve staggered terms of two years each so that the terms of no more than five members expire each year.
(b) The advisory committee shall assist the commissioner by:
(1) Recommending to the commissioner policies, procedures, and administrative rules to implement this part, including:
(A) Additional criteria to be used in the consideration and review of course providers, courses, and course materials;
(B) Additional criteria to be considered in the approval or rejection of continuing education courses; and
(C) Courses, credit hours, and fees for applications of renewals for each approved course;
(2) Reviewing the continuing education course requirements for this State and other states to determine whether the courses are substantially equivalent and recommending to the commissioner whether to enter into or maintain reciprocal agreements with other states;
(3) Reviewing and critiquing proposed continuing education course materials to determine whether the course materials are appropriate for the purposes of continuing education and whether courses using these materials would comply with this part; and
(4) Providing such other and further assistance to the commissioner as the commissioner deems appropriate.
(c) The committee members shall receive no monetary compensation for services.
(d) The commissioner may grant continuing education equivalent credit to members of the advisory committee for work completed pursuant to this section. [L 2003, c 55, pt of §1]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9A-171 Definitions.

§431:9A-171 Definitions.
For purposes of this part:
"Commissioner" means the insurance commissioner as defined in section 431:2-102.
"Occupant" has the same meaning as in section 507-61.
"Owner" means any business entity that owns or is authorized to manage a self-service storage facility, or to receive rent from an occupant under a rental agreement, and no real estate license is required.
"Self-service storage facility" has the same meaning as in section 507-61.
"Stored property insurance" means insurance under a group, individual, corporate, commercial, or master policy to provide insurance coverage to occupants of a self-service storage facility for the loss of, or damage to, tangible personal property that is contained in a storage space located at a self-service storage facility or is in transit during the term of a self-service storage facility rental agreement.
"Supervising entity" means a business entity that is a licensed insurer or insurance producer that is appointed or authorized by an insurer to supervise the administration of a stored property insurance program. [L 2019, c 284, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9A-172 Licensure of owners.

§431:9A-172 Licensure of owners.
(a) An owner of a self-service storage facility shall hold a limited lines license to sell, solicit, or offer coverage under a policy of stored property insurance. An owner is not required to hold a license solely to display and make available to occupants and prospective occupants brochures and other promotional materials created by or on behalf of an authorized insurer.
(b) A limited lines license issued under this part shall authorize any employee or authorized representative of the owner to sell, solicit, and offer coverage under a policy of stored property insurance to an occupant at each location at which the owner engages in self-service storage transactions.
(c) The supervising entity shall maintain a registry of owner locations, employees, and representatives that are authorized to sell, solicit, or offer stored property insurance coverage in the State. Upon request by the commissioner and with notice to the supervising entity consistent with the commissioner's authority under this article, the registry shall be open to inspection and examination by the commissioner during regular business hours of the supervising entity.
(d) Notwithstanding any law to the contrary, a license issued pursuant to this part shall authorize the licensee and its employees and authorized representatives to engage in the activities that are permitted in this part. [L 2019, c 284, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9A-173 Requirements for sale of stored property insurance.

§431:9A-173 Requirements for sale of stored property insurance.
At every location at which stored property insurance is offered, brochures or other written or electronic materials shall be made available to occupants. The brochures or other written or electronic materials shall:
(1) Disclose that stored property insurance may provide a duplication of coverage already provided by an occupant's homeowner's insurance policy, renter's insurance policy, or other source of coverage;
(2) State that purchase by the occupant of the stored property insurance offered by the owner is not required to rent storage space or that, if renting storage space does require the occupant to have property insurance, the occupant may satisfy the requirement by providing evidence that the occupant has coverage from another source of property insurance;
(3) Contain the actual material terms of the insurance coverage, or summarize the material terms of the insurance coverage, including:
(A) The identity of the insurer;
(B) The identity of the supervising entity; and
(C) The price, deductible, benefits, exclusions, and conditions or other limitations of the coverage;
(4) Summarize the process for filing a claim in the event the occupant elects to purchase coverage;
(5) Disclose that the employee of the self-service storage facility is not qualified or authorized to evaluate the adequacy of the occupant's existing coverages, unless otherwise licensed;
(6) State that the occupant may cancel enrollment for coverage under a stored property insurance policy at any time and the person paying the premium shall receive a refund of any applicable unearned premium; and
(7) State that stored property insurance may also be purchased through licensed property and casualty producers, who may have more general knowledge and experience selling insurance and may better assist the occupant. Owners and employees selling stored property insurance under a limited lines license are not required to meet all of the requirements of a licensed insurance producer. [L 2019, c 284, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9A-174 Authority of owners.

§431:9A-174 Authority of owners.
(a) The employees and authorized representatives of owners may sell, solicit, and offer stored property insurance and shall not be subject to licensure as an insurance producer under this chapter; provided that:
(1) The owner obtains a limited lines license to authorize its employees and authorized representatives to sell, solicit, and offer stored property insurance pursuant to this part;
(2) The insurer issuing the stored property insurance either directly supervises or appoints a supervising entity to supervise the administration of a stored property insurance program, including development of a training program for employees and authorized representatives of the owner. The training shall comply with the following:
(A) Prior to an employee or authorized representative directly engaging in the activity of selling, soliciting, or offering stored property insurance, the employee or authorized representative shall receive the training set forth in this section;
(B) The training may be conducted in electronic form; provided that, if the training is conducted in an electronic form, the supervising entity shall implement a supplemental education program regarding the stored property insurance product that is conducted and overseen by a licensed employee of the supervising entity; and
(C) Each employee and authorized representative directly engaged in the activity of selling, soliciting, or offering stored property insurance shall receive basic instruction about the stored property insurance offered to occupants and the disclosures required under section 431:9A-173; and
(3) No employee or authorized representative of an owner shall advertise, represent, or otherwise portray the employee or authorized representative as a non-limited lines licensed insurance producer, unless so licensed.
(b) The charges for stored property insurance coverage may be billed and collected by the owner. Any charge to the enrolled occupant for coverage that is not included in the cost associated with the rental of storage space or related services shall be separately itemized on the enrolled occupant's bill. If the stored property insurance coverage is included with the rental of storage space or related services, the owner shall clearly and conspicuously disclose to the enrolled occupant that the stored property insurance coverage is included with the rental of storage space or related services. An owner that bills and collects the charges shall not be required to maintain the funds in a segregated account; provided that the owner is authorized by the insurer or supervising entity to hold the funds in an alternative manner and remits the funds to the insurer or supervising entity within sixty days of receipt. All premiums received by an owner from an enrolled occupant for the sale of stored property insurance shall be held in a fiduciary capacity for the benefit of the insurer. [L 2019, c 284, pt of §2]
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9A-176 Application for license and fees.

§431:9A-176 Application for license and fees.
(a) A sworn application for a license under this part shall be filed with the commissioner on forms prescribed and furnished by the commissioner.
(b) The application for a license shall provide the following:
(1) Name, residence address, electronic-mail address, and other information required by the commissioner for an employee or officer of the owner or supervising entity that is designated by the applicant as the person responsible for the owner's compliance with the requirements of this part; provided that, if the owner derives more than fifty per cent of its revenue from the sale of stored property insurance, the information in this paragraph shall be provided for all officers, directors, and shareholders of record having beneficial ownership of ten per cent or more of any class of securities registered under the federal securities law; and
(2) Location of the applicant's home office.
(c) Any owner engaging in stored property insurance transactions on or before January 1, 2020, shall apply for licensure within ninety days of the date the application is made available by the commissioner. Any applicant commencing operations after January 1, 2020, shall obtain a license prior to offering stored property insurance.
(d) Initial and renewed licenses issued pursuant to this part shall be valid for periods consistent with this article.
(e) Each owner licensed under this part shall pay to the commissioner the limited lines producer's fee pursuant to section 431:7-101. [L 2019, c 284, pt of §2; am L 2021, c 111, §11]
Revision Note
"January 1, 2020" substituted for "the effective date of Act [284], Session Laws of Hawaii 2019" pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 24. Insurance › 431. Insurance Code › 431:9B-103 Required contract provisions; reinsurance intermediary-brokers.

§431:9B-103 Required contract provisions; reinsurance intermediary-brokers.
Transactions between a reinsurance intermediary-broker and the insurer it represents in that capacity shall only be entered into pursuant to a written authorization, specifying the responsibilities of each party. The authorization, at a minimum, shall provide that:
(1) The insurer may terminate the reinsurance intermediary-broker's authority at any time;
(2) The reinsurance intermediary-broker shall render accounts to the insurer accurately detailing all material transactions, including information necessary to support all commissions, charges, and other fees received by, or owing to, the reinsurance intermediary-broker, and remit all funds due to the insurer within thirty days of receipt;
(3) All funds collected for the insurer's account shall be held by the reinsurance intermediary-broker in a fiduciary capacity and deposited in a bank that is a qualified United States financial institution;
(4) The reinsurance intermediary-broker shall comply with section 431:9B-104;
(5) The reinsurance intermediary-broker shall comply with the written standards established by the insurer for the cession or retrocession of all risks; and
(6) The reinsurance intermediary-broker shall disclose to the insurer any relationship with any reinsurer to which business will be ceded or retroceded. [L 1992, c 176, pt of §6; am L 1993, c 321, §12]