(a) The commissioner shall preserve in permanent form records and reports of the commissioner’s proceedings, hearings, investigations, and examinations and shall file the records in the commissioner’s office.

Terms Used In Hawaii Revised Statutes 488-9

  • Commissioner: means the insurance commissioner of the department of commerce and consumer affairs. See Hawaii Revised Statutes 488-1
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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.
  • 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.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
(b) The commissioner’s records and filings in the commissioner’s office shall be open to public inspection, except as otherwise provided in this chapter.
(c) The commissioner shall maintain the confidentiality of any documents or information received from the National Association of Insurance Commissioners, the federal government, insurance regulatory agencies of foreign countries, or insurance departments of other states, territories, and commonwealths that are confidential in the jurisdiction of origin. Documents and records subject to this subsection shall be confidential and privileged, shall not be made public, shall not be subject to subpoena or discovery, and shall not be admissible as evidence in any private civil action, and neither the commissioner nor any other person who received documents, materials, or other information subject to this subsection while acting under the authority of the commissioner shall be permitted or required to testify in any private civil action concerning any confidential documents, materials, or information subject to this subsection.

This subsection shall not be construed to limit the commissioner’s authority to use any necessary documents, materials, or other information in furtherance of any regulatory or legal action brought as part of the commissioner’s official duties. The commissioner may share information, including otherwise confidential information, with the National Association of Insurance Commissioners, the federal government, insurance regulatory agencies of foreign countries, or insurance departments of other states, territories, and commonwealths if the statutes or regulations of the jurisdiction receiving the information require the receiving person or entity to maintain the same level of confidentiality as required under this subsection and other applicable law.

(d) The commissioner shall not disclose any information that is protected from disclosure by law other than as provided in subsection (c).

  Previous
Next  
 Chapter 488 Contents