(a) Any plan that does not comply with this chapter shall be notified in writing by the commissioner of the noncompliance and of the need to take corrective action within seven days. If the noncompliance continues for seven days after notification, the plan or plan administrator may be fined not more than $1,000 per day for each day of noncompliance.
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Terms Used In Hawaii Revised Statutes 488-7

  • Commissioner: means the insurance commissioner of the department of commerce and consumer affairs. See Hawaii Revised Statutes 488-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(b) In addition to penalties provided in subsection (a), the commissioner may deny, suspend, revoke, or refuse to approve the certificate of authority of any plan or any plan amendments.
(c) If the commissioner takes any action pursuant to subsection (b), the commissioner shall notify the applicant or licensee in writing of the reason for that action. The applicant or licensee may submit a written request within ten days of the date of receipt of the notice for a hearing before the commissioner to determine the propriety of the commissioner’s action. A hearing pursuant to this subsection shall be held within thirty days of receipt of the written request, unless postponed by mutual consent, and shall be conducted pursuant to chapter 91.
(d) If the commissioner has cause to believe that any plan is violating or is about to violate any provision of this chapter or any order of the commissioner, the commissioner may issue a cease and desist order to enforce compliance with this chapter or any order of the commissioner, or may bring an action in any court of competent jurisdiction to enjoin the plan from continuing the violation. The commissioner may order or petition the court to order restitution on behalf of persons aggrieved by a violation of this chapter and an assessment of a monetary penalty against any plan, plan administrator, or owner, operator, or officer of the plan for violation of this chapter or an order of the commissioner.

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