2022 Hawaii Revised Statutes
Title 24. Insurance
431. Insurance Code
431:9-235 Denial, suspension, revocation of licenses.
§431:9-235 Denial, suspension, revocation of licenses. (a) The commissioner may suspend, revoke, or refuse to extend any license issued under this article for any cause specified in any other provision of this article, or for any of the following causes:
(1) For any cause for which issuance of the license could have been refused had it then existed and been known to the commissioner;
(2) If the licensee wilfully violates or knowingly participates in the violation of any provision of this code;
(3) If the licensee has obtained or attempted to obtain any license issued under this article through wilful misrepresentation or fraud, or has failed to pass any examination required by section 431:9-206;
(4) If the licensee has misappropriated, converted to the licensee's own use, or illegally withheld moneys required to be held in a fiduciary capacity;
(5) If the licensee, with intent to deceive, has materially misrepresented the terms or effect of any insurance contract; or has engaged or is about to engage in any fraudulent transaction;
(6) If the licensee has been found to have committed any unfair practice or fraud as defined in article 13;
(7) If in the conduct of the licensee's affairs under the license, the licensee has shown oneself to be a source of injury and loss to the public; or
(8) If the licensee has dealt with, or attempted to deal with, insurance or to exercise powers relative to insurance outside the scope of the licensee's licenses.
(b) The license of any partnership or corporation may be suspended, revoked, or refused for any of the causes that relate to any individual designated in the license to exercise its powers.
(c) The holder of any license, which has been revoked or suspended, shall surrender the license certificate to the commissioner at the commissioner's request.
(d) The commissioner may suspend, revoke, or refuse to extend any license for any cause specified in this article by an order:
(1) Given to the licensee at least fifteen days prior to the order's effective date, subject to the right of the licensee to have a hearing as provided in section 431:2-308. The license shall be suspended pending the hearing; or
(2) Made after a hearing as provided in section 431:2-308. The effective date of the order shall be ten days after the date the order is given to the licensee. The order may be appealed to the circuit court of the first judicial circuit of this State as provided in chapter 91. [L 1987, c 347, pt of §2; am L 1997, c 233, §4; am L 2002, c 155, §24 and c 226, §6; am L 2003, c 133, §7 and c 212, §54; am L 2006, c 154, §19; am L 2019, c 279, §4; am L 2021, c 110, §10]
