(a) Every plan and its owners, operators, officers, employees, and representatives shall:

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Terms Used In Hawaii Revised Statutes 488-8

  • Commissioner: means the insurance commissioner of the department of commerce and consumer affairs. See Hawaii Revised Statutes 488-1
  • plan: means any arrangement by which a person as defined in § 431:1-212, or entity, not otherwise authorized to engage in the practice of law, offers to provide or arranges for the provision of legal services in exchange for any valuable consideration that is paid to the plan. See Hawaii Revised Statutes 488-1
  • Plan administrator: means those persons who have discretionary authority for the management of the plan or for the collection, management, or disbursement of plan moneys. See Hawaii Revised Statutes 488-1
(1) Be subject to investigation or examination by the commissioner;
(2) Produce and make freely accessible to the commissioner all accounts, records, documents, and files in the person’s possession or control relating to the subject of the investigation or examination; and
(3) Cooperate with any investigation or examination by the commissioner.
(b) If the commissioner finds the accounts or records of a plan, or of its owners, operators, officers, employees, or representatives, to be inadequate, improperly kept, or improperly posted, and if the plan has failed to correct the accounts or records after the commissioner has given the plan written notice and a reasonable opportunity to do so, the commissioner may employ experts to rewrite, post, or balance the accounts at the expense of the plan being examined.
(c) A plan administrator shall provide a written response within seven days to any written inquiry made by the commissioner. The response shall be more than an acknowledgment that the commissioner’s communication was received and shall adequately address the concerns stated in the communication.

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