HAR §16-23-75
HAR §16-23-75. Denial of application; appeal
Cite as Haw. Code R. § 16-23-75
If an
insurer denies an applicant joint underwriting plan
coverage under section 16-23-72(a)(1) or (a)(2) or
section 431:10C-407, HRS, the insurer, by the next
working day, shall mail or deliver to the applicant in
triplicate a notice of the denial, of the applicant's
right to appeal, and of the appeal procedure. If the
applicant desires a review of the denial of the
application, the applicant shall file with the
commissioner two copies of the notice of denial, a
request for review, and a statement in duplicate
giving the applicant's reasons for the request within
seven calendar days after the date of denial of the
application.
The commissioner shall forthwith notify the
insurer of the request for review, enclosing a copy of
the statement of reasons therefor.
The appeal shall be heard and determined in
accordance with the provisions of chapter 91, HRS, and
chapter 16-201. [Eff 9/1/80; 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 and comp 6/1/93; am 1/30/95; am and comp 1/1/98; am
§16-23-75
23-40
and comp 1/8/99; comp 11/11/12; comp 7/2/22; am and
comp 4/17/26] (Auth: HRS §§431:10C-214, 431:10C-406)
(Imp: HRS §431:10C-402)
§16-23-76 Administration by the Joint
Underwriting Plan bureau. If the commissioner
determines that the method of assignment of joint
underwriting plan applicants described herein is not
operating in an effective and fair manner, the
commissioner may have the joint underwriting plan
bureau directly receive, assign, and supervise the
servicing of all applications for joint underwriting
plan coverage. [Eff 9/1/80; am and comp 9/1/82; comp
9/1/85; comp 9/1/88; comp 9/15/89; comp 9/1/90; comp
6/1/93; comp 1/1/98; comp 1/8/99; comp 11/11/12; comp
7/2/22; am and comp 4/17/26] (Auth: HRS §§431:10C-
214, 431:10C-406) (Imp: HRS §431:10C-402)