HAR §16-23-56
HAR §16-23-56. Payment and expenditure
Cite as Haw. Code R. § 16-23-56
There is
assessed and levied upon each insurer and self-insurer
a drivers' education fund underwriters' fee on each
motor vehicle insured by each insurer or self-insurer.
This fee is set by statute and is due and payable on
an annual basis from July 1, 1998 by means and at a
time to be determined by the commissioner. Motor
vehicles insured under the joint underwriting plan
shall be excluded from the drivers' education fund
assessment. The commissioner shall deposit the fees
into a special drivers' education fund account to be
expended for the operation of the drivers' education
program provided for in section 286-128, HRS, and the
drivers' education program administered by the
department of education. [Eff 9/1/74; am 9/1/78; am
and ren §16-23-56, 7/7/80; am 9/1/80; am 9/1/81; comp
9/1/82; am 9/1/84; am and comp 9/1/85; comp 9/1/88; am
and comp 9/15/89; comp 9/1/90; comp 6/1/93; am and
comp 1/1/98; comp 1/8/99; am and comp 11/11/12; comp
7/2/22; comp 4/17/26] (Auth: HRS §§431:10C-115,
431:10C-214) (Imp: HRS §431:10C-115)
SUBCHAPTER 9
MISCELLANEOUS PROVISIONS
§16-23-57
23-21
§16-23-57 Administrative hearing on denial of
claim. If an insurer or self-insurer denies a claim
for personal injury protection in whole or in part, it
shall mail to the claimant in triplicate a notice of
the denial as required by section 431:10C-304(3)(B),
HRS. In the case of benefits for services specified
in section 431:10C-103.5, HRS, the insurer or self-
insurer shall also mail a copy of the denial to the
health care provider or alternative health care
provider.
If the claimant or health care provider desires a
review of any action on the claim for benefits, the
claimant or health care provider shall file with the
commissioner two copies of the notice of denial of the
claim, a request for review and a statement in
duplicate giving specific reasons for the request
within sixty days after the date of denial of the
claim.
The commissioner shall forthwith notify the
insurer or self-insurer of the request for review,
enclosing a copy of the claimant's or health care
provider's statement of reasons therefor.
The review hearing shall be held or conducted in
the county in which the claimant or health care
provider resides; provided, that the commissioner,
upon a showing of good cause, may hold the hearing in
another county. The hearing may be held by telephone
with the consent of the parties. The commissioner may
appoint an impartial referee to hear the matter.
The review shall be heard and determined in
accordance with the provisions of chapter 91, HRS, and
chapter 16-201. The commissioner shall assess the
cost of the hearing upon either or both of the
parties.
Nothing in this section precludes determination
of any dispute relating to a motor vehicle insurance
policy by arbitration and judicial review pursuant to
chapter 431:10C, HRS. [Eff 9/1/74; am 9/1/79; am and
ren §16-23-57, 7/7/80; am and comp 9/1/82; comp
9/1/85; am and comp 9/1/88; comp 9/15/89; comp 9/1/90;
am 9/1/91; am and comp 6/1/93; am and comp 1/1/98; am
and comp 1/8/99; comp 11/11/12; comp 7/2/22; comp
§16-23-57
23-22
4/17/26] (Auth: HRS §§431:10C-212, 431:10C-214)
(Imp: HRS §§431:10C-212, 431:10C-214)