reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 2 - PROCEDURES FOR NEW AND TRANSFER APPLICATIONS › Section 16-133-14 - Public hearing

Current through June, 2024
Within thirty days after the issuance of a notice of
				  acceptance for filing, the director shall hold a public hearing in accordance
				  with section
				  440G-7(2),
				  HRS, to afford the public the opportunity to submit oral or written data,
				  views, or arguments.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 2 - PROCEDURES FOR NEW AND TRANSFER APPLICATIONS › Section 16-133-15 - Presumptive disqualifiers of approval of application

Current through June, 2024
(a)
				The following factors shall give rise to a rebuttable presumption that an
				applicant fails to meet the character criterion of section
				440G-8(b),
				HRS, for issuance or transfer of a cable franchise:
(1) During the ten-year period immediately
				preceding filing of the application, criminal, civil, or administrative
				judgments, consents or orders, and any indictments, formal investigations,
				examinations, or civil or administrative proceedings, excluding routine or
				customary audits, inspections, and investigations that terminated in any
				agreements, undertakings, consents or orders, resolutions, ordinances, or
				revocation, suspension or alteration of a cable franchise involving the
				applicant or affiliates of the applicant by any federal or state court, any
				department, agency, or commission of the United States government, any state or
				municipality, any cable franchising authority, any self-regulatory trade or
				professional organization, or any foreign government or governmental entity,
				which involve:
(A) Unfair or deceptive trade
				practices, perjury, fraud, dishonesty, organized crime or
				racketeering;
(B) Violation of
				applicable federal, state, or local cable communications laws or
				rules;
(C) Violation of cable
				franchise provisions; or
(D)
				Violation of the rules, regulations, codes of conduct, or ethics of a
				self-regulatory trade or professional organization;
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 2 - PROCEDURES FOR NEW AND TRANSFER APPLICATIONS › Section 16-133-16 - Approval or denial

Current through June, 2024
(a) After holding a
				public hearing, the director shall approve the application in whole or in part,
				with or without conditions or modifications, or shall deny the application,
				with reasons for denial sent in writing to the applicant. The director has the
				discretion to require the cable operator to attend a show cause hearing after
				the public hearing but prior to making the decision on the application. Any
				application not approved within one hundred and twenty days after the issuance
				of a notice of acceptance for filing shall be deemed denied unless the time
				limit for final action has been extended pursuant to HRS section
				440G-7(4).
(b) In determining whether a cable franchise
				shall be issued or transferred, the director shall take into consideration,
				among other things, the contents of the application, the public need for the
				proposed service, the ability of the applicant to offer safe, adequate,
				undisrupted, and reliable service at a reasonable cost to the subscribers, the
				ability to provide similar or better quality service in comparison to any
				existing cable franchise in the same area, the citizenship and character of the
				applicant, the financial responsibility of the applicant, the technical and
				operational ability of the applicant to perform efficiently the service for
				which authority is requested, long and short term plans and resource
				allocations, any objections arising from the public hearing or elsewhere, and
				any other matters as the director deems appropriate in the
				circumstances.
(c) In determining
				the area which is to be serviced by the applicant, the director shall take into
				account the geography and topography of the proposed service area, and the
				present, planned, and potential expansion in facilities or cable services of
				the applicant's proposed cable system and existing cable systems.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 2 - PROCEDURES FOR NEW AND TRANSFER APPLICATIONS › Section 16-133-17 - Terms, limitations, and conditions

Current through June, 2024
In issuing or transferring a cable franchise under this
				  chapter, the director is not restricted to approving or disapproving the
				  application in its entirety but may issue it for only partial exercise of the
				  privilege sought or may attach to the exercise of the right granted by the
				  cable franchise terms, limitations, and conditions which the director deems the
				  public interest may require. The cable franchise shall be nonexclusive, shall
				  include a description of the service area in which the cable system is to be
				  constructed, extended, or operated and the approximate date on which the
				  service is to commence.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 2 - PROCEDURES FOR NEW AND TRANSFER APPLICATIONS › Section 16-133-18 - Request for reconsideration

Current through June, 2024
Within ten days of issuance of the decision, any applicant
				  may request the director to reconsider the application. The request shall be in
				  writing, shall specify the reasons why the director should reconsider the
				  decision, and set forth any relevant and substantial information that for good
				  cause was not previously set forth in the application or supplemental
				  information, together with an explanation of why the information was not
				  previously presented. The request may also state specifically what points of
				  fact or law the director may have overlooked or misunderstood, together with
				  brief arguments on the points raised. Only one request for reconsideration may
				  be filed by the applicant. The director shall make a determination on the
				  request and issue a decision affirming or amending the initial
				  decision.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 2 - PROCEDURES FOR NEW AND TRANSFER APPLICATIONS › Section 16-133-19 - Contested case hearing

Current through June, 2024
The applicant may petition the director for a contested case
				  review hearing within sixty days following the decision. The director may
				  transfer the petition together with the documents concerning the application to
				  a hearings officer for further proceedings pursuant to sections
				  16-201-26 to
				  16-201-47.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 2 - PROCEDURES FOR NEW AND TRANSFER APPLICATIONS › Section 16-133-20 - Construction

Current through June, 2024
To the extent not inconsistent with the procedures described
				  in this chapter, the procedures described in chapter 16-201, Hawaii
				  Administrative Rules shall apply. Should any provision of this chapter be
				  invalidated, all other provisions shall remain in full force and
				  effect.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 3 - SPECIAL PROCEDURE FOR RENEWAL APPLICATIONS › Section 16-133-26 - General

Current through June, 2024
To the extent not inconsistent with the provisions of this
				  subchapter, all of the provisions stated in subchapter
				  2, with the exception of sections
				  16-133-10,
				  16-133-11(a), and
				  16-133-14, together with the
				  sections in this subchapter shall apply to all renewal
				  applications.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 3 - SPECIAL PROCEDURE FOR RENEWAL APPLICATIONS › Section 16-133-27 - Initiating the renewal process: ascertainment proceeding

Current through June, 2024
(a)
				Upon receipt of the cable operator's written notice of intent to apply, or upon
				the director's own initiative, renewal procedures shall commence during the
				six-month period which begins with the thirty-sixth month before the franchise
				expiration.
(b) The director shall
				begin by conducting a proceeding which affords the public in the franchise area
				appropriate notice and participation to:
(1)
				Identify future cable-related community needs and interests; and
(2) Review the performance of the cable
				operator under the currently existing franchise term.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 3 - SPECIAL PROCEDURE FOR RENEWAL APPLICATIONS › Section 16-133-28 - Written application

Current through June, 2024
(a) The director
				shall give the cable operator written notice of the completion of the
				ascertainment proceeding. Within twenty-eight calendar days after the
				completion of the ascertainment proceeding, the cable operator seeking renewal
				shall submit a written application for renewal with the director.
(b) The application shall fully disclose the
				facts required under section 16-133-9.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 3 - SPECIAL PROCEDURE FOR RENEWAL APPLICATIONS › Section 16-133-29 - Filing of application

Current through June, 2024
Within forty-two calendar days after the completion of the
				  ascertainment proceeding, the director shall notify the applicant in writing of
				  the acceptance or nonacceptance for filing of the
				  application.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 3 - SPECIAL PROCEDURE FOR RENEWAL APPLICATIONS › Section 16-133-30 - Public notice

Current through June, 2024
Following acceptance of any application for filing, the
				  director shall provide prompt and appropriate public notice of the application.
				  Within forty-two calendar days after the issuance of a notice of acceptance for
				  filing, the director may, in the director's discretion, hold a hearing on the
				  application to afford the public the opportunity to submit oral or written
				  data, views, or arguments.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 3 - SPECIAL PROCEDURE FOR RENEWAL APPLICATIONS › Section 16-133-31 - Approval or denial

Current through June, 2024
Within four months after the completion of the ascertainment
				  proceeding, the director shall either approve the application in whole or in
				  part, with or without conditions or modifications, or make a preliminary
				  assessment stating that the franchise should not be renewed. Any reasons for
				  such assessment shall be sent in writing to the applicant. The applicant may
				  challenge the decision or assessment through the procedures described in
				  sections 16-133-18 and
				  16-133-19 of this
				  chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 3 - SPECIAL PROCEDURE FOR RENEWAL APPLICATIONS › Section 16-133-32 - Alternative renewal procedures

Current through June, 2024
Nothing in this chapter shall preclude a cable operator from
				  submitting an application for renewal at any time. Likewise, nothing shall
				  preclude the director from granting or denying such an application, after
				  affording the public adequate notice and opportunity for
				  comment.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 4 - REGULATION OF RATES › Section 16-133-40 - General

Current through June, 2024
(a) After certification by the FCC and upon
				these rules becoming effective, the director shall regulate such service and
				equipment rates as permitted under applicable state and federal law. The
				director shall regulate the rates in conformance with any applicable FCC rules
				governing cable rate regulation.
(b) In the absence of demonstration to the
				contrary, cable systems are presumed not to be subject to effective
				competition.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 4 - REGULATION OF RATES › Section 16-133-41 - Initiation of review of basic cable service and equipment rates

Current through June, 2024
A cable operator shall file its schedule of rates for the
				  basic service tier and associated equipment with the director within thirty
				  days after receiving written notice from the director that the State has been
				  certified by the FCC and thereafter shall file its schedule of rates at least
				  thirty days prior to the effective date of a proposed increase in such rates.
				  The filing shall include appropriate completed FCC forms and any other
				  information the director deems necessary to review and evaluate the filing. The
				  director may require submission of data or forms on electronic media in a
				  format prescribed by the director.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 4 - REGULATION OF RATES › Section 16-133-42 - Public notice of filings for initial rates and proposed rate increases

Current through June, 2024
(a) Upon receipt from a cable operator of a
				filing for an initial rate schedule or proposed rate increase for the basic
				service tier and the associated equipment, the director shall provide public
				notice of the filing and shall afford all interested persons an opportunity to
				submit comments, data, views, or arguments, in writing. Public notice of a
				filing shall be published at least once in each of two successive weeks in a
				newspaper of general circulation in the county in which the cable operator
				provides service. The first published notice shall appear at least fifteen days
				prior to the date the proposed existing or proposed increases in rates become
				effective.
(b) The director may
				hold a public hearing on the filing to afford interested persons the
				opportunity to provide oral testimony in addition to written comments, data,
				views, or arguments. Notice of the public hearing shall be published at least
				once in each of two successive weeks in a newspaper of general circulation in
				the county in which the cable operator provides service. The first published
				notice shall appear at least fifteen days prior to the date of the public
				hearing.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 4 - REGULATION OF RATES › Section 16-133-43 - Notification of proposed increase

Current through June, 2024
A cable operator shall provide written notice to its
				  subscribers of any proposed increase in the rate to be charged for the basic
				  service tier or associated equipment at least thirty days before the proposed
				  increase is effective. The notice shall include a statement that written
				  comments on the proposed rates should be submitted to the
				  division.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 4 - REGULATION OF RATES › Section 16-133-44 - Review of basic cable rate and associated equipment filings

Current through June, 2024
(a) After a cable operator has filed for
				review its existing rates for the basic service tier and associated equipment
				costs, or a proposed increase in the rates, the existing rates will remain in
				effect. The proposed rates will become effective thirty days after the date of
				filing; provided, however, that the director may extend this thirty-day
				deadline for an additional time by issuing a brief written order as described
				in subsection (b) within thirty days of the filing stating that the director
				needs additional time to review the filing.
(b) If the director is unable to determine,
				based upon the material submitted by the cable operator, that the existing or
				proposed rates comply with applicable FCC rules, the director may extend the
				thirty-day deadline in section (a) to request or consider additional
				information from the cable operator, or both, or to consider the comments from
				interested persons as follows:
(1) For an
				additional ninety days in cases not involving cost-of-service showings;
				or
(2) For an additional one
				hundred fifty days in cases involving cost-of-service showings.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 4 - REGULATION OF RATES › Section 16-133-45 - Written decision

Current through June, 2024
(a) The director
				shall issue a written decision setting forth the director's reasons whenever:
(1) A filing for an initial rate for the
				basic service tier or associated equipment is disapproved in whole or in
				part;
(2) A filing for a proposed
				rate increase is disapproved in whole or in part; or
(3) A filing for a proposed rate increase is
				approved in whole or in part over the objections of interested persons. The
				director is not required to issue a written decision that approves an unopposed
				existing or proposed rate increase for the basic service tier or associated
				equipment.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 4 - REGULATION OF RATES › Section 16-133-46 - Burden of proof

Current through June, 2024
A cable operator has the burden of proving that its existing
				  or proposed increased rates for basic cable service and associated equipment
				  comply with applicable FCC rules. The cable operator must submit to the
				  director either the appropriate FCC form or a cost-of-service showing as
				  prescribed by the director to justify the proposed rate.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 4 - REGULATION OF RATES › Section 16-133-47 - Proprietary information

Current through June, 2024
The director may require the production of proprietary
				  information to make a rate determination and shall apply procedures analogous
				  to those set forth in
				  47
				  C.F.R. §0.459 regarding requests for
				  confidentiality. Once filed with the division, the disclosure of such
				  information is subject to chapter
				  92F, HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 4 - REGULATION OF RATES › Section 16-133-48 - Rate reduction

Current through June, 2024
The director may order a cable operator to reduce its
				  service or associated equipment rates where necessary to bring rates into
				  compliance with applicable federal rules.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 4 - REGULATION OF RATES › Section 16-133-49 - Rate prescription

Current through June, 2024
The director may prescribe a reasonable rate for the basic
				  service tier or associated equipment after determining that a proposed rate is
				  unreasonable.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 4 - REGULATION OF RATES › Section 16-133-50 - Refunds

Current through June, 2024
(a) The director may order a cable operator
				to refund to subscribers that portion of previously paid rates determined to
				exceed applicable federal standards for service and associated equipment rates,
				unless the cable operator has submitted a cost-of-service showing which
				justifies the rate charged as reasonable. Before ordering a cable operator to
				refund previously paid rates to subscribers, the director shall notify the
				cable operator of the director's intent to order a refund and provide the cable
				operator fifteen days to comment on the proposed order. After considering the
				cable operator's comments, if any, and within a reasonable time after the
				deadline for the cable operator's comments has passed, the director shall issue
				a written final order regarding refunds.
(b) A cable operator's liability for refunds
				is limited to a one-year period, except that a cable operator that fails to
				comply with a valid rate order issued by the director shall be liable for
				refunds commencing from the effective date of the order until such time as it
				complies with the order.
(c) The
				refund period is limited to the period prescribed by applicable federal law or
				rules.
(d) The cable operator, in
				its discretion, may implement a refund in the following manner:
(1) By returning overcharges to those
				subscribers who actually paid the overcharges, either through direct payment or
				as a specifically identified credit to those subscribers' bills; or
(2) By means of a prospective percentage
				reduction in the rates for the basic service tier or associated equipment to
				cover the cumulative overcharge. This shall be reflected as a specifically
				identified, one-time credit on prospective bills to the class of subscribers
				that currently subscribe to the cable system.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 4 - REGULATION OF RATES › Section 16-133-51 - Notification of basic service tier availability

Current through June, 2024
In addition to the requirements of section
				  16-131-61, at the time of initial
				  installation the cable operator shall provide written notice to the subscriber
				  of the availability of the basic service tier. The notice shall include the
				  following information:
(1) That the
				basic service tier is available, and must be purchased to receive any other
				video cable service;
(2) The cost
				per month for the basic service tier and any associated equipment necessary to
				receive service; and
(3) A list of
				all the programming services included in the basic service tier.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 4 - REGULATION OF RATES › Section 16-133-52 - Change in regulatory status

Current through June, 2024
(a) A cable
				operator that becomes subject to effective competition may petition the
				director for change in its regulatory status. The cable operator bears the
				burden of proving the existence of effective competition.
(b) Within fifteen days of receiving a
				petition for change of regulatory status, the director shall publish notice of
				the petition and shall afford all interested persons an opportunity to submit
				written comments on the proposed change in regulatory status. Notice shall be
				published at least once in each of two successive weeks in a newspaper of
				general circulation in the county in which the cable operator provides service.
				The notice shall state that comments with respect to the change in regulatory
				status must be served on the cable operator and on the director within fifteen
				days of the first published notice. Service may be completed by sending the
				comments by first class mail to the local office of the cable operator and to
				the division. The cable operator may respond to the comments, if any, within
				seven days after the deadline for filing comments by submitting its written
				response to the director.
(c) The
				director shall decide on the cable operator's petition for change of regulatory
				status within thirty days of the deadline for the cable operator's response to
				comments in subsection (b). The director shall notify the FCC within ten days
				of a decision by the director that effective competition exists. Unless the FCC
				receives opposition to the change in status, the director's decision will
				become final thirty days after its adoption.
(d) The director will cease regulating the
				cable operator's rates for basic cable service and for the associated equipment
				after the director's decision that effective competition exists becomes
				final.
(e) The director and the
				cable operator may submit a joint statement that effective competition exists.
				The joint statement must stipulate which of the three tests for effective
				competition as defined in
				47 U.S.C.
				§543(l) has been met
				and explain how the test has been satisfied. The joint statement will become a
				final decision within thirty days of filing with the FCC, unless challenged by
				an interested party.
(f) Cable
				operators denied a change in status by the director may seek review of that
				decision at the FCC by filing a petition for revocation of
				certification.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 133 - REVIEW OF APPLICATIONS BY THE CABLE TELEVISION DIVISION › Subchapter 4 - REGULATION OF RATES › Section 16-133-53 - Appeals

Current through June, 2024
(a) Appeals of the director's decisions on
				rates for the basic service tier or associated equipment involving whether or
				not the director has acted consistently with
				47 U.S.C §
										543 and
				47 U.S.C §
										544 or 47 C.F.R. §§76.922 and
				76.923 may be made to the FCC.
(b)
				Any participant in a ratemaking proceeding before the director may file an
				appeal of the director's decision with the FCC within thirty days of of the
				director's decision.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 168 - CREDIT FOR REINSURANCE › Section 16-168-1 - Purpose

Current through June, 2024
The purpose of this chapter is to set forth rules and
				procedural requirements that the insurance commissioner ("commissioner") deems
				necessary to carry out the provisions of the law on credit for reinsurance,
				article 4A of chapter
				431, HRS. The actions and information
				required by this chapter are hereby declared to be necessary and appropriate in
				the public interest and for the protection of the ceding insurers in this
				State.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 168 - CREDIT FOR REINSURANCE › Section 16-168-2 - Severability

Current through June, 2024
If any provision of this chapter, or their application to any
				person or circumstance, is held invalid, such determination shall not affect
				other provisions or applications of this chapter that can be given effect
				without the invalid provision or application, and to that end the provisions of
				this chapter are severable.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 168 - CREDIT FOR REINSURANCE › Section 16-168-3 - Credit for reinsurance; reinsurer licensed in this State

Current through June, 2024
Pursuant to section
				431:4A-101(b),
				HRS, the commissioner shall allow credit for reinsurance ceded by a domestic
				insurer to assuming insurers that were licensed in this State as of the date of
				the ceding insurer's statutory financial statement.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 168 - CREDIT FOR REINSURANCE › Section 16-168-4 - Credit for reinsurance; accredited reinsurers

Current through June, 2024
(a) Pursuant
			 to section
			 431:4A-101(b),
			 HRS, the commissioner shall allow credit for reinsurance ceded by a domestic
			 insurer to an assuming insurer that is accredited as a reinsurer in this State
			 as of the date of the ceding insurer's statutory financial statement. An
			 accredited reinsurer is one which must:
(1)
			 File a properly executed Form AR-1 (attached to and incorporated by reference
			 into this chapter) as evidence of its submission to this State's jurisdiction
			 and to this State's authority to examine its books and records;
(2) File with the commissioner a certified
			 copy of a letter or a certificate of authority or of compliance as evidence
			 that it is licensed to transact insurance or reinsurance in at least one state,
			 or, in the case of a United States branch of an alien assuming insurer, is
			 entered through and licensed to transact insurance or reinsurance in at least
			 one state;
(3) File annually with
			 the commissioner a copy of its annual statement filed with the insurance
			 department of its state of domicile or, in the case of an alien assuming
			 insurer, with the state through which it is entered and in which it is licensed
			 to transact insurance or reinsurance, and a copy of its most recent audited
			 financial statement; and
(4)
			 Maintain a surplus as regards policyholders in an amount not less than
			 $20,000,000, or obtain the affirmative approval of the commissioner upon a
			 finding that it has adequate financial capacity to meet its reinsurance
			 obligations and is otherwise qualified to assume reinsurance from domestic
			 insurers.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 168 - CREDIT FOR REINSURANCE › Section 16-168-5 - Credit for reinsurance; reinsurer domiciled in another state

Current through June, 2024
(a) Pursuant to section
			 431:4A-101(c),
			 HRS, the commissioner shall allow credit for reinsurance ceded by a domestic
			 insurer to an assuming insurer which as of the date of the ceding insurer's
			 statutory financial statement:
(1) Is
			 domiciled in (or, in the case of a United States branch of an alien assuming
			 insurer, is entered through and licensed in) a state which employs standards
			 regarding credit for reinsurance substantially similar to those applicable
			 under article 4A of chapter
			 431, HRS, and this chapter;
(2) Maintains a surplus as regards
			 policyholders in an amount not less than $20,000,000; and
(3) Files a properly executed Form AR 1 with
			 the commissioner as evidence of its submission to this State's authority to
			 examine its books and records.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 168 - CREDIT FOR REINSURANCE › Section 16-168-8 - Credit for reinsurance required by law

Current through June, 2024
Pursuant to section
				431:4A-101(g),
				HRS, the commissioner shall allow credit for reinsurance ceded by a domestic
				insurer to an assuming insurer not meeting the requirements of section
				431:4A-101(b),
				(c), (d), (e), (f), or (g), HRS, but only
				with respect to the insurance of risks located in jurisdictions where such
				reinsurance is required by the applicable law or regulation of that
				jurisdiction. As used in this section, "jurisdiction" means any state,
				district, or territory of the United States and any lawful national
				government.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 168 - CREDIT FOR REINSURANCE › Section 16-168-9 - Asset or reduction from liability for reinsurance ceded to an unauthorized assuming insurer

Current through June, 2024
(a) Pursuant to
			 section
			 431:4A-102,
			 HRS, the commissioner shall allow a reduction from liability for reinsurance
			 ceded by a domestic insurer to an assuming insurer not meeting the requirements
			 of section
			 431:4A-101,
			 HRS, in an amount not exceeding the liabilities carried by the ceding insurer.
			 The reduction shall be in the amount of funds held by or on behalf of the
			 ceding insurer, including funds held in trust for the exclusive benefit of the
			 ceding insurer, under a reinsurance contract with the assuming insurer as
			 security for the payment of obligations thereunder. The security must be held
			 in the United States subject to withdrawal solely by, and under the exclusive
			 control of, the ceding insurer or, in the case of a trust, held in a qualified
			 United States financial institution as defined in section
			 431:4A-103(b),
			 HRS. This security may be in the form of any of the following:
(1) Cash;
(2) Securities listed by the Securities
			 Valuation Office of the National Association of Insurance Commissioners,
			 including those deemed exempt from filing as defined by the Purposes and
			 Procedures Manual of the Securities Valuation Office and qualifying as admitted
			 assets;
(3) Clean, irrevocable,
			 unconditional, and "evergreen" letters of credit issued or confirmed by a
			 qualified United States institution, as defined in section
			 431:4A-103(a),
			 HRS, effective no later than December 31 of the year for which filing is being
			 made, and in the possession of the ceding insurer on or before the filing date
			 of its annual statement. Letters of credit meeting applicable standards of
			 issuer acceptability as of the dates of their issuance (or confirmation),
			 notwithstanding the issuing (or confirming) institution's subsequent failure to
			 meet applicable standards of issuer acceptability, shall continue to be
			 acceptable as security until their expiration, extension, renewal,
			 modification, or amendment, whichever first occurs; or
(4) Any other form of security acceptable to
			 the commissioner.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 168 - CREDIT FOR REINSURANCE › Section 16-168-10 - Trust agreements qualified under section 16-168-9

Current through June, 2024
(a)
			 As used in this section:
"Beneficiary" means the entity for whose sole benefit the trust
				has been established and any successor of the beneficiary by operation of law.
				If a court of law appoints a successor in interest to the named beneficiary,
				then the named beneficiary includes and is limited to the court-appointed
				domiciliary receiver, conservator, rehabilitator, or liquidator.
"Grantor" means the entity that has established a trust for the
				sole benefit of the beneficiary. When established in conjunction with a
				reinsurance agreement, the grantor is the unlicensed, unaccredited assuming
				insurer.
"Obligations", as used in subsection (b)(11), means:
(1) Reinsured losses and allocated loss
			 expenses paid by the ceding company, but not recovered from the assuming
			 insurer;
(2) Reserves for reinsured
			 losses reported and outstanding;
(3) Reserves for reinsured losses incurred
			 but not reported; and
(4) Reserves
			 for allocated reinsured loss expenses and unearned premiums.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 168 - CREDIT FOR REINSURANCE › Section 16-168-13 - Reinsurance contract

Current through June, 2024
Credit will not be granted to a ceding insurer for reinsurance
				effected with assuming insurers meeting the requirements of section
				16-168-3,
				16-168-4,
				16-168-5,
				16-168-6,
				16-168-7,
				16-168-7.1, or
				16-168-9,
				or otherwise in compliance with section
				431:4A-101,
				HRS, after the adoption of this chapter unless the reinsurance
				agreement:
(1) Includes a proper
			 insolvency clause, which stipulates that reinsurance is payable directly to the
			 liquidator or successor without diminution regardless of the status of the
			 ceding company;
(2) Includes a
			 provision pursuant to section
			 431:4A-101(g),
			 HRS, whereby the assuming insurer, if an unauthorized assuming insurer, has
			 submitted to the jurisdiction of an alternative dispute resolution panel or
			 court of competent jurisdiction within the United States, has agreed to comply
			 with all requirements necessary to give such court or panel jurisdiction, has
			 designated an agent upon whom service of process may be effected, and has
			 agreed to abide by the final decision of the court or panel; and
(3) Includes a proper reinsurance
			 intermediary clause, if applicable, which stipulates that the credit risk for
			 the intermediary is carried by the assuming insurer.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 168 - CREDIT FOR REINSURANCE › Section 16-168-14 - Contracts affected

Current through June, 2024
All new and renewal reinsurance transactions entered into after
				December 31, 1996, shall conform to the requirements of chapter
				431, HRS, and this chapter if credit
				is to be given to the ceding insurer for such reinsurance.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 168 - CREDIT FOR REINSURANCE › Form AR-1 - Certificate of Assuming Insurer

Current through June, 2024
I, , _______________ _________________
(name of officer) (title of officer) of _______________ (name
				of assuming insurer), the assuming insurer under a reinsurance agreement(s)
				with one or more insurers domiciled in _______________ (name of state), hereby
				certify that _______________ (name of assuming insurer) ("Assuming
				Insurer"):
1. Submits to the
			 jurisdiction of any court of competent jurisdiction in ______________ (ceding
			 insurer's state of domicile) for the adjudication of any issues arising out of
			 the reinsurance agreement(s), agrees to comply with all requirements necessary
			 to give such court jurisdiction, and will abide by the final decision of such
			 court or any appellate court in the event of an appeal. Nothing in this
			 paragraph constitutes or should be understood to constitute a waiver of
			 Assuming Insurer's rights to commence an action in any court of competent
			 jurisdiction in the United States, to remove an action to a United States
			 District Court, or to seek a transfer of a case to another court as permitted
			 by the laws of the United States or of any state in the United States. This
			 paragraph is not intended to conflict with or override the obligation of the
			 parties to the reinsurance agreement(s) to arbitrate their disputes if such an
			 obligation is created in the agreement(s).
2. Designates the Insurance Commissioner of
			 ___________________________________ (ceding insurer's state of domicile) as its
			 lawful attorney upon whom may be served any lawful process in any action, suit,
			 or proceeding arising out of the reinsurance agreement(s) instituted by or on
			 behalf of the ceding insurer.
3.
			 Submits to the authority of the Insurance Commissioner of
			 __________________________ (ceding insurer's state of domicile) to examine its
			 books and records and agrees to bear the expense of any such
			 examination.
4. Submits with this
			 form a current list of insurers domiciled in ______________________ (ceding
			 insurer's state of domicile) reinsured by Assuming Insurer and undertakes to
			 submit additions to or deletions from the list to the Insurance Commissioner at
			 least once per calendar quarter.
Dated: _____________________ _______________________
(name of assuming insurer)
BY: _____________________________
(name of officer)
_______________________________
(title of officer)
Effective: January 2012
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 169 - ACTUARIAL OPINION AND MEMORANDUM › Subchapter 1 - INSURANCE COMPANIES, MUTUAL BENEFIT SOCIETIES, AND FRATERNAL BENEFIT SOCIETIES AUTHORIZED AS LIFE INSURERS › Section 16-169-1 - Purpose

Current through June, 2024
The purpose of this subchapter is to prescribe:
(1) Guidelines and standards for statements
				of actuarial opinion which are to be submitted in accordance with section
				431:5-307(j),
				HRS, and for memoranda in support thereof;
(2) The meaning of "adequacy of reserves";
				and
(3) Rules applicable to the
				appointment of an appointed actuary.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 169 - ACTUARIAL OPINION AND MEMORANDUM › Subchapter 1 - INSURANCE COMPANIES, MUTUAL BENEFIT SOCIETIES, AND FRATERNAL BENEFIT SOCIETIES AUTHORIZED AS LIFE INSURERS › Section 16-169-2 - Scope

Current through June, 2024
This subchapter shall apply to all insurance companies,
				  mutual benefit societies, and fraternal benefit societies authorized to act as
				  life insurers and to all insurance companies, mutual benefit societies, and
				  fraternal benefit societies which are authorized to reinsure life insurance,
				  annuities, or accident and health insurance or sickness business. The appointed
				  actuary shall utilize the actuary's professional judgment in performing the
				  asset analysis and developing the actuarial opinion and supporting memoranda,
				  consistent with relevant actuarial standards of practice. However, the
				  commissioner shall have the authority to specify specific methods of actuarial
				  analysis and actuarial assumptions when, in the commissioner's judgment, these
				  specifications are necessary for an acceptable opinion to be rendered relative
				  to the adequacy of reserves and related items.
This subchapter shall be applicable to all annual statements
				  filed with the commissioner after the effective date of this subchapter. A
				  statement of opinion on the adequacy of the reserves and related actuarial
				  items based on an asset adequacy analysis in accordance with section
				  16-169-7, and a memorandum in
				  support thereof in accordance with section
				  16-169-8, shall be required each
				  year.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 169 - ACTUARIAL OPINION AND MEMORANDUM › Subchapter 1 - INSURANCE COMPANIES, MUTUAL BENEFIT SOCIETIES, AND FRATERNAL BENEFIT SOCIETIES AUTHORIZED AS LIFE INSURERS › Section 16-169-3 - Definitions

Current through June, 2024
As used in this chapter:
"Actuarial opinion" means the opinion of an appointed
				  actuary regarding the adequacy of the reserves and related actuarial items
				  based on an asset adequacy analysis in accordance with section
				  16-169-7 and with applicable
				  Actuarial Standards of Practice.
"Actuarial Standards Board" is the board established by the
				  American Academy of Actuaries to develop and promulgate standards of actuarial
				  practice.
"Annual statement" means that statement required by section
				  431:3-301,
				  HRS, to be filed by the company with the commissioner annually.
"Appointed actuary" means any individual who is appointed or
				  retained in accordance with the requirements set forth in section
				  16-169-4(c) to
				  provide the actuarial opinion and supporting memorandum as required by section
				  431:5-307(j),
				  HRS.
"Asset adequacy analysis" means an analysis that meets the
				  standards and other requirements referred to in section
				  16-169-4(d).
"Commissioner" means the insurance commissioner of this
				  State as defined in
				  431:2-102,
				  HRS.
"Company" means an insurance company, mutual benefit
				  society, fraternal benefit society, or reinsurer subject to the provisions of
				  this chapter.
"NAIC" means the National Association of Insurance
				  Commissioners.
"Non-investment grade bonds" are those designated as classes
				  3, 4, 5, or 6 by the NAIC Securities Valuation Office.
"Qualified actuary" means any individual who meets the
				  requirements set forth in section
				  16-169-4(b).
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 169 - ACTUARIAL OPINION AND MEMORANDUM › Subchapter 1 - INSURANCE COMPANIES, MUTUAL BENEFIT SOCIETIES, AND FRATERNAL BENEFIT SOCIETIES AUTHORIZED AS LIFE INSURERS › Section 16-169-4 - General requirements

Current through June, 2024
(a) Submission of
				statement of actuarial opinion.
(1) There is
				to be included on or attached to page one of the annual statement for each year
				beginning with the year in which this chapter becomes effective the statement
				of an appointed actuary, entitled "Statement of Actuarial Opinion," setting
				forth an opinion relating to reserves and related actuarial items held in
				support of policies and contracts, in accordance with section
				16-169-7.
(2) Upon written request
				by the company, the commissioner may grant an extension of the date for
				submission of the statement of actuarial opinion.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 169 - ACTUARIAL OPINION AND MEMORANDUM › Subchapter 1 - INSURANCE COMPANIES, MUTUAL BENEFIT SOCIETIES, AND FRATERNAL BENEFIT SOCIETIES AUTHORIZED AS LIFE INSURERS › Section 16-169-7 - Statement of actuarial opinion based on asset adequacy analysis

Current through June, 2024
(a) General description. The statement of
				actuarial opinion submitted in accordance with this section shall consist of:
(1) A paragraph identifying the appointed
				actuary and the actuary's qualifications (see subsection (b)(1));
(2) A scope paragraph identifying the
				subjects on which an opinion is being expressed and describing the scope of the
				appointed actuary's work, including a tabulation delineating the reserves and
				related actuarial items which have been analyzed for asset adequacy and the
				method of analysis, (see subsection (b)(2)) and identifying the reserves and
				related actuarial items covered by the opinion which have not been so
				analyzed;
(3) A reliance paragraph
				describing those areas, if any, where the appointed actuary has deferred to
				other experts in developing data, procedures, or assumptions, (e.g.,
				anticipated cash flows from currently owned assets, including variation in cash
				flows according to economic scenarios (see subsection (b)(3)), supported by a
				statement of each such expert in the form prescribed by subsection (e);
				and
(4) An opinion paragraph
				expressing the appointed actuary's opinion with respect to the adequacy of the
				supporting assets to mature the liabilities (see subsection (b)(6)).
(5) One or more additional paragraphs will be
				needed in individual company cases as follows:
(A) If the appointed actuary considers it
				necessary to state a qualification of the opinion;
(B) If the appointed actuary must disclose an
				inconsistency in the method of analysis or basis of asset allocation used at
				the prior opinion date with that used for this opinion.
(C) If the appointed actuary must disclose
				whether additional reserves of the prior opinion date are released as of this
				opinion date, and the extent of the release.
(D) If the appointed actuary chooses to add a
				paragraph briefly describing the assumptions which form the basis for the
				actuarial opinion.