2013 Hawaii Revised Statutes
TITLE 24. INSURANCE
431. Insurance Code
431:19-109 Grounds and procedures for suspension and revocation of certificate of authority; fines.

Note

Part I designation added by L 2008, c 190, §2.

§431:19-109 Grounds and procedures for suspension and revocation of certificate of authority; fines. (a) The commissioner may suspend or revoke the certificate of authority of a captive insurance company to do business in this State or impose a fine of not less than $100 nor more than $10,000 per violation, or any combination of these actions, for any of the following reasons:

(1) Insolvency or impairment of capital or surplus;

(2) Failure to meet the requirements of section 431:19-104;

(3) Refusal or failure to submit an annual report, as required by section 431:19-107 or any other report or statement required by law or by lawful order of the commissioner;

(4) Failure to comply with the provisions of its own organizational documents;

(5) Failure to submit to examination or any legal obligation relative thereto, as required by section 431:19-108;

(6) Refusal or failure to pay the cost of examination pursuant to section 431:19-108;

(7) Use of methods that, although not otherwise specifically prohibited by law, nevertheless render its operation detrimental or its condition unsound with respect to the public or to its policyholders;

(8) Failure to maintain actuarially appropriate loss reserves as determined by the commissioner; provided that the commissioner shall issue at least one warning to the captive insurance company to correct the problem prior to suspending or revoking the certificate of authority; and

(9) Failure otherwise to comply with the laws of this State.

(b) If the commissioner takes action pursuant to subsection (a), the commissioner shall notify the captive insurance company in writing of the reason for that action. The captive insurance company may make written demand upon the commissioner within ten days of the date of receipt of the notice for a hearing before the commissioner to determine the reasonableness of the commissioner's action. The hearing shall be held within thirty days of receipt of the written demand and shall be held pursuant to chapter 91. [L 1987, c 347, pt of §2; am L 2003, c 209, §7; am L 2010, c 7, §2; am L 2012, c 253, §15]