Terms Used In Hawaii Revised Statutes > Chapter 431 > Article 9A - Producer Licensing

• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Approved continuing education course: means a course approved by the commissioner following receipt of recommendations from insurance professionals. See Hawaii Revised Statutes 431:9A-102
• Approved course provider: means an organization or person that has been approved by the commissioner. See Hawaii Revised Statutes 431:9A-102
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Assumed name: means any fictitious, alias, maiden, or trade name used in the past

  ""Business entity" means an association, corporation, limited liability company, limited liability partnership, partnership, or other legal entity. See Hawaii Revised Statutes 431:9A-102

• Authority: means the Hawaii community development authority established by section 206E-3. See Hawaii Revised Statutes 206E-2
• blind: as used in this chapter , whether used as an adjective or noun, means blind or visually handicapped. See Hawaii Revised Statutes 347-2
• Board: means the board of directors of the development corporation established in section 206M-2, and any successor thereto. See Hawaii Revised Statutes 206M-1
• Board: means the transit-oriented development infrastructure improvement district board. See Hawaii Revised Statutes 206E-242
• Class: means the general categories of insurance, as set forth in §§ 431:1-204 to 431:1-210, in which insurers may be authorized to transact the business of insurance. See Hawaii Revised Statutes 431:9A-102
• Commercial project: means an undertaking involving commercial or light industrial development, which includes a mixed-use development where commercial or light industrial facilities may be built into, adjacent to, under, or above residential units;

  (2) "Redevelopment project" means an undertaking for the acquisition, clearance, replanning, reconstruction, and rehabilitation, or a combination of these and other methods, of an area for a residential project, for an incidental commercial project, and for other facilities incidental or appurtenant thereto, pursuant to and in accordance with this chapter. See Hawaii Revised Statutes 206E-2

• Commissioner: means the insurance commissioner. See Hawaii Revised Statutes 431:9A-102
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• contiguous: means land adjoining or touching other property held by the same or related organization, and includes land divided by a public road. See Hawaii Revised Statutes 346F-3
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Cost: means the total cost in carrying out all undertakings that the development corporation deems reasonable and necessary for the development of a project or econimic zone, including but not limited to the cost of studies, surveys, plans, and specifications, architectural, design, engineering, or any other special related services; the cost of site preparation and development, demolition, construction, reconstruction, rehabilitation, and improvement; the cost of financing such project or econimic zone, including interest on bonds issued to finance such project or econimic zone from the date thereof to the estimated date of completion of such project or econimic zone as determined by the board; the cost of an allocable portion of the administrative and operating expenses of the development corporation related to the development of such project or econimic zone; and the cost of indemnity and surety bonds, premiums on policies of insurance, legal fees, and fees and expenses of trustees, depositories, and paying agents for the bonds, and for the issuance of letters of credit or other banking arrangements whether for the development corporation or a qualified person; all as the development corporation shall deem necessary. See Hawaii Revised Statutes 206M-1
• County: means any county of the State. See Hawaii Revised Statutes 206E-2
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• Credit hour: means the value assigned to an approved continuing education course that is equivalent to at least fifty minutes of classroom instruction. See Hawaii Revised Statutes 431:9A-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the department of human services. See Hawaii Revised Statutes 346F-3
• Department: means the department of human services. See Hawaii Revised Statutes 346G-3
• Development corporation: means the Hawaii technology development corporation established by section 206M-2. See Hawaii Revised Statutes 206M-1
• Devise: To gift property by will.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• District: means the stadium development district established by this part. See Hawaii Revised Statutes 206E-222
• District: means the transit-oriented development infrastructure improvement district within each county-designated transit-oriented development zone, or within a one-half mile radius of a proposed or existing transit station if the county has not designated transit-oriented development zones, as determined by the board. See Hawaii Revised Statutes 206E-242
• District: means the Pulehunui community development district. See Hawaii Revised Statutes 206E-262
• Donor: The person who makes a gift.
• Economic zone: includes the installation of improvements to the tract incidental to the use of real property as an economic zone, such as water, sewer, sewage and waste disposal, and drainage facilities, sufficient to adequately service projects in the economic zone, and the provision of incidental transportation facilities, power distribution facilities, and communication facilities. See Hawaii Revised Statutes 206M-1
• Enterprise: means a person with a place of business in Hawaii which is, or proposes to be, engaged in business in Hawaii; provided that the endeavor shall not be devoted to the sale of goods at retail, construction of housing, or tourism- related services. See Hawaii Revised Statutes 206M-1
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fiscal year: means a twelve-month period from July 1 of a particular calendar year to June 30 of the following calendar year, inclusive. See Hawaii Revised Statutes 346G-3
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Fund: means the transit-oriented development infrastructure improvement district special fund established under section 206E-G. See Hawaii Revised Statutes 206E-242
• Fund: means the Pulehunui community development district special fund. See Hawaii Revised Statutes 206E-262
• Home state: means the District of Columbia or any state or territory of the United States in which an insurance producer maintains the producer's principal place of residence or principal place of business and is licensed to act as an insurance producer. See Hawaii Revised Statutes 431:9A-102
• Hospital: means any facility licensed pursuant to chapter 11-93, Hawaii Administrative Rules. See Hawaii Revised Statutes 346G-3
• Inactive: means that the authority of a license issued by the commissioner is not in effect. See Hawaii Revised Statutes 431:9A-102
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Individual: means a natural person. See Hawaii Revised Statutes 431:9A-102
• Inpatient care: means the care of patients whose conditions require admission to a hospital. See Hawaii Revised Statutes 346G-3
• 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.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means a document issued by the commissioner authorizing a person to act as an insurance producer for the lines of authority specified in the document. See Hawaii Revised Statutes 431:9A-102
• Licensee: means any type of insurance producer or producer. See Hawaii Revised Statutes 431:9A-102
• Lien: A claim against real or personal property in satisfaction of a debt.
• Limited line credit insurance: includes credit life, credit disability, credit property, credit unemployment, involuntary unemployment, mortgage life, mortgage guaranty, mortgage disability, guaranteed automobile protection ("gap") insurance, and any other form of insurance offered in connection with an extension of credit, that is limited to partially or wholly extinguishing that credit obligation that the commissioner determines should be designated a form of limited line of credit insurance. See Hawaii Revised Statutes 431:9A-102
• Limited lines insurance: means those lines of insurance a producer may be licensed to sell pursuant to section 431:9A-107. See Hawaii Revised Statutes 431:9A-102
• Limited lines producer: means a person authorized by the commissioner to sell, solicit, or negotiate limited lines insurance. See Hawaii Revised Statutes 431:9A-102
• Line of authority: means a category of insurance products, as set forth in section 431:9A-107(a), which an insurance producer may be licensed to sell pursuant to this article. See Hawaii Revised Statutes 431:9A-102
• Line of insurance: means an insurance product, contract, or policy designed to cover specified risks that fall within one or more of the classes or types of insurance as defined in §§ 431:1-204 to 431:1-211, the lines of authority defined in section 431:9A-107(a), or any other section of this code. See Hawaii Revised Statutes 431:9A-102
• Medicaid cost report: means the annual cost report that a hospital submits to the State's medicaid agency. See Hawaii Revised Statutes 346G-3
• Mixed-use project: means a project consisting of any combination of a commercial project, redevelopment project, or residential project. See Hawaii Revised Statutes 206E-281
• month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Motor vehicle renter: means any person obtaining the use of a vehicle from a rental company under the terms of a rental agreement for a rental period not to exceed ninety days. See Hawaii Revised Statutes 431:9A-141
• Negotiate: means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning any of the substantive benefits, terms, or conditions of the contract; provided that the person engaged in the act either sells insurance or obtains insurance from insurers for producers. See Hawaii Revised Statutes 431:9A-102
• Net patient service revenue: means gross inpatient revenues from services provided to nursing facility patients less reductions from gross inpatient revenue resulting from an inability to collect payment of charges. See Hawaii Revised Statutes 346F-3
• Net patient service revenue: means gross revenue from inpatient and outpatient care provided to hospital patients converted to net patient service revenue utilizing data from Worksheets G-2 and G-3 of each hospital's medicare cost report for the fiscal year ending three years prior to the state fiscal year for which net patient service revenue is being calculated. See Hawaii Revised Statutes 346G-3
• Nursing facility: means any facility licensed pursuant to chapter 11-94. See Hawaii Revised Statutes 346F-3
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Outpatient care: means all services furnished by hospitals to patients who are registered as hospital outpatients. See Hawaii Revised Statutes 346G-3
• Owner-occupied residential use: means any use currently permitted in existing residential zones consistent with owner occupancy. See Hawaii Revised Statutes 206E-281
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means a sole proprietorship, partnership, joint venture, corporation, or other association of persons organized for commercial or industrial purposes. See Hawaii Revised Statutes 206M-1
• Personal property: All property that is not real property.
• Private hospital: means all currently operating hospitals, except for hospitals that are:
  (1) Operated by or affiliated with the Hawaii health systems corporation; or
  (2) Charitable hospitals funded primarily through donations or other non-insurance sources of funding, and whose net patient revenue is less than fifty per cent of operating expenses, per the medicaid cost report. See Hawaii Revised Statutes 346G-3
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• producer: means a person required to be licensed under the laws of this State to sell, solicit, or negotiate insurance. See Hawaii Revised Statutes 431:9A-102
• Program: means the transit-oriented development infrastructure improvement district program developed by the board pursuant to section 206E-F. See Hawaii Revised Statutes 206E-242
• Project: means a specific work or improvement, including real and personal properties, or any interest therein, acquired, owned, constructed, reconstructed, rehabilitated, or improved by the authority, including a commercial project, a redevelopment project, or a residential project, all as defined as follows, or any combination thereof, which combination shall hereinafter be called and known as a "multipurpose project". See Hawaii Revised Statutes 206E-2
• Project: means the acquisition, construction, improvement, installation, equipping, and development of any combination of land, buildings, and other improvements thereon, including, without limitation, parking facilities for use of, or to assist a technology industrial, manufacturing, or processing enterprise located within or without an econimic zone, including, without limiting the generality of the foregoing, machinery, equipment, furnishings, and apparatus that shall be deemed necessary, suitable, or useful to the enterprise. See Hawaii Revised Statutes 206M-1
• Project: means a specific work or improvement, including real and personal properties, or any interest therein, acquired, owned, constructed, reconstructed, rehabilitated, or improved by the authority, including a commercial project, redevelopment project, residential project, or mixed-use project. See Hawaii Revised Statutes 206E-281
• Project agreement: means any agreement entered into under this chapter by the development corporation with a qualified person to finance, construct, operate, or maintain a project or an econimic zone from the proceeds of special purpose revenue bonds, or to lend the proceeds of special purpose revenue bonds to assist a technology industrial, manufacturing, or processing enterprise, including, without limitation, any lease, sublease, loan agreement, conditional sale agreement, or other similar financing contract or agreement, or any combination thereof. See Hawaii Revised Statutes 206M-1
• Public agency: means any office, department, board, commission, bureau, division, public corporation agency, or instrumentality of the federal, state, or county government. See Hawaii Revised Statutes 206E-2
• Public agency: means any office, department, board, commission, bureau, division, public corporation, agency, or instrumentality of the federal, state, or county government. See Hawaii Revised Statutes 206M-1
• Public facilities: includes streets, utility and service corridors, and utility lines where applicable, sufficient to adequately service developable improvements in the district, sites for schools, parks, parking garage, sidewalks, pedestrian ways, and other community facilities. See Hawaii Revised Statutes 206E-2
• Public transit station: means a planned or existing station connected to a locally preferred alternative for a mass transit project. See Hawaii Revised Statutes 206E-281
• Qualified person: means any individual, firm, partnership, corporation, association, cooperative, or other legal entity, governmental body or public agency, or any combination of the foregoing, possessing the competence, expertise, experience, and resources, including financial, personnel, and tangible resources, required for the purposes of a project and other qualifications as may be deemed desirable by the development corporation in administering this chapter and which enters into a project agreement with the development corporation. See Hawaii Revised Statutes 206M-1
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Real property: means lands, structures, and interests in land, including lands under water and riparian rights, space rights, and air rights and any and all other things and rights usually included within the term. See Hawaii Revised Statutes 206E-2
• Real property: means lands, structures, and interests therein, and natural resources including water, minerals, and all such things connected with land, including lands under water and riparian rights, space rights, air rights, and any and all other things and rights usually included within the term. See Hawaii Revised Statutes 206M-1
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• rental agreement: means any written agreement setting forth the terms and conditions governing the use of a motor vehicle that is rented or leased from a rental company. See Hawaii Revised Statutes 431:9A-141
• rental company: means any person that is primarily in the business of providing motor vehicles to the public under a motor vehicle rental agreement for a rental period not to exceed ninety days. See Hawaii Revised Statutes 431:9A-141
• rental company producer: means a motor vehicle rental company that is licensed by the commissioner to solicit and sell insurance coverages only in connection with and which are incidental to the rental company's business of renting motor vehicles. See Hawaii Revised Statutes 431:9A-141
• Resident day: means a calendar day of care provided to a nursing facility resident, including the day of admission and excluding the day of discharge; provided that one resident day shall be deemed to exist when admission and discharge occur on the same day. See Hawaii Revised Statutes 346F-3
• Residential project: means a project or that portion of a multipurpose project, including residential dwelling units, designed and intended for the purpose of providing housing and any facilities as may be incidental or appurtenant thereto. See Hawaii Revised Statutes 206E-2
• Sell: means to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurance company. See Hawaii Revised Statutes 431:9A-102
• service animal: means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. See Hawaii Revised Statutes 347-2.5
• Service of process: The service of writs or summonses to the appropriate party.
• Solicit: means attempting to sell insurance or asking or urging a person to apply for a particular kind of insurance from a particular company. See Hawaii Revised Statutes 431:9A-102
• stadium authority: means the stadium authority established pursuant to section 109-1. See Hawaii Revised Statutes 206E-222
• Subpoena: A command to a witness to appear and give testimony.
• Technology: means industries that are technology-intensive, including but not limited to electronics, biotechnology, software, computers, telecommunications, and other computer-related technologies. See Hawaii Revised Statutes 206M-1
• Terminate: means :
  (1) To cancel the relationship between an insurance producer and an insurer; or
  (2) To terminate a producer's authority to transact insurance. See Hawaii Revised Statutes 431:9A-102
• Testify: Answer questions in court.
• Trade name: means any name used by an insurance producer to solicit insurance business in this State if the true legal name of an individual or a business entity cannot be used. See Hawaii Revised Statutes 431:9A-102
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Uniform application: means the current version of National Association of Insurance Commissioners' uniform application for resident and nonresident producer licensing. See Hawaii Revised Statutes 431:9A-102
• Uniform business entity application: means the current version of National Association of Insurance Commissioners' uniform business entity application for resident and nonresident business entities. See Hawaii Revised Statutes 431:9A-102
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Urban redevelopment site: means non-ceded state-owned lands within a one-mile radius of a public transit station in a county having a population greater than five hundred thousand. See Hawaii Revised Statutes 206E-281
• vehicle: means a motor vehicle:

  (1) Of the private passenger type including passenger vans, minivans, and sport utility vehicles; or

  (2) Of the cargo type, including cargo vans or pickup trucks with a gross vehicle weight of less than twenty-six thousand pounds,

  that do not require a commercial driver's license for the operation of the vehicle. See Hawaii Revised Statutes 431:9A-141