PART II. POWERS AND DUTIES OF COMMISSIONER
"Annual study and report to 2017-2021 legislature by insurance commissioner on impact of L 2016, c 236 (regarding transportation network companies) on personal motor vehicle insurance policy rates in the State (repealed September 1, 2021). L 2016, c 236, §§3, 6", as shown in the main volume, is superseded by "Annual study and report to 2017-2021 legislature by insurance commissioner on impact of L 2016, c 236 (regarding transportation network companies) on personal motor vehicle insurance policy rates in the State (repealed September 1, 2023). L 2016, c 236, §§3, 6; L 2021, c 132, §2".
§431:2-201 General powers and duties. (a) The commissioner shall have the authority expressly conferred upon the commissioner by or reasonably implied from the provisions of this code.
(b) The commissioner shall execute the commissioner's duties and shall enforce this code.
(c) The commissioner may:
(1) Make reasonable rules for effectuating any provision of this code, except those relating to the commissioner's appointment, qualifications, or compensation. The commissioner shall adopt rules to effectuate article 10C of chapter 431, subject to the approval of the governor's office and the requirements of chapter 91;
(2) Conduct examinations and investigations to determine whether any person has violated any provision of this code or to secure information useful in the lawful administration of any provision;
(3) Require applicants to provide fingerprints and pay a fee to allow the commissioner to make a determination of license eligibility after obtaining state and national criminal history record checks from the Hawaii criminal justice data center and the Federal Bureau of Investigation;
(4) Require, upon reasonable notice, that insurers report any claims information the commissioner may deem necessary to protect the public interest; and
(5) Upon showing of good cause, waive or modify, in whole or part, any or all fees by order. [L 1987, c 347, pt of §2; am L 1998, c 275, §12; am L 2003, c 212, §15; am L 2009, c 77, §13; am L 2021, c 110, §5]
Attorney General Opinions
The division will be responsible for enforcement of health insurance provisions of the reciprocal beneficiaries act [L 1997, c 383], because those provisions are placed within the insurance code and, therefore, are within the commissioner's enforcement responsibility under subsection (b); those provisions can only be enforced against insurers, not employers. Att. Gen. Op. 97-10.
Commissioner's rulemaking authority enabled commissioner to adopt procedural mechanism, i.e., peer review process, through which guidelines for service provider fees and frequency of treatment may be exceeded. 927 F. Supp. 1330 (1996).