§431:2-201 - General powers and duties.

PART II. POWERS AND DUTIES OF COMMISSIONER

§431:2-201 General powers and duties. (a) The commissioner shall have the authority expressly conferred upon thecommissioner by or reasonably implied from the provisions of this code.

(b) The commissioner shall execute thecommissioner's duties and shall enforce this code.

(1) Make reasonable rules for effectuating anyprovision of this code, except those relating to the commissioner'sappointment, qualifications, or compensation. The commissioner shall adoptrules to effectuate article 10C of chapter 431, subject to the approval of thegovernor's office and the requirements of chapter 91;

(2) Conduct examinations and investigations todetermine whether any person has violated any provision of this code or tosecure information useful in the lawful administration of any provision;

(3) Require applicants to provide fingerprints andpay a fee to allow the commissioner to make a determination of licenseeligibility after obtaining state and national criminal history record checksfrom the Hawaii criminal justice data center and the Federal Bureau ofInvestigation; and

(4) Require, upon reasonable notice, that insurersreport any claims information the commissioner may deem necessary to protectthe public interest. [L 1987, c 347, pt of §2; am L 1998, c 275, §12; am L2003, c 212, §15; am L 2009, c 77, §13]

Attorney General Opinions

The division will be responsible for enforcement of healthinsurance 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.

Case Notes

Commissioner's rulemaking authority enabled commissioner toadopt procedural mechanism, i.e., peer review process, through which guidelinesfor service provider fees and frequency of treatment may be exceeded. 927 F.Supp. 1330.