§431:2-201.2 Standards for commissioner. When reviewing a uniform standard, the commissioner shall consider the following standards in determining whether to opt out of a uniform standard: (1) Whether the public interest is being served or protected; (2) Whether the reasonable expectations of the consumer will be met; (3) Whether the uniform standard is or will require a reasonably clear, plain English communication to the consumer; (4) Whether the consumer will be protected in a typical transaction where the consumer may have less power, information, or understanding of the meaning or consequences of the transaction, or any part thereof, than the insurer or producer; (5) The long-term effects of the uniform standard; (6) The possible effects of the uniform standard on the financial condition of insurers; (7) Confidentiality requirements in state or federal law; (8) State and federal constitutional issues; (9) The impact of the uniform standard on any provision of the insurance code or any state or federal law; (10) The uniform standard's particular impact in the State and any conditions unique to the State; and (11) The integration of the uniform standard with state or federal or any state or federal law; (10) The uniform standard's particular impact in the State and any conditions unique to the State; and (11) The integration of the uniform standard with state or federal law and any possible conflicts with such laws. [L 2004, c 104, §3]
Hawaii Legal Code