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HAWAII ADMINISTRATIVE RULES TITLE 12 DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS SUBTITLE 7 BOARDS CHAPTER 47
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1 HAWAII ADMINISTRATIVE RULES TITLE 12 DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS SUBTITLE 7 BOARDS CHAPTER 47 LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD RULES OF PRACTICE AND PROCEDURE Subchapter 1 General Provisions Purpose and short title Definitions The board to [Reserved] Subchapter 2 General Requirements in Proceedings Before the Board Appearance and practice before the board Standards of conduct Time for filing documents Format for pleadings and other documents Custody of records Retention of documents by the board Copies Defective documents Service of process Computation of time Subchapter 3 Pre-Trial Procedures Limitation of issues on appeal Initial conference Pretrial order Dismissal for non-appearance Remand for director's determination of certain issues Substitution of parties Page 1
2 Joinder of parties Consolidation or separation Discontinuance of appeal [Reserved] Subchapter 4 Discovery, Subpoenas, and Motions Request for subpoenas Depositions and discovery Motions, generally Motion to dismiss Motion for stay of director's decision and order Enlargement to [Reserved] Subchapter 5 Procedures at Trial/Hearing Order of presentation Rules of evidence Conduct of hearing and evidence Cross examination Limiting number of witnesses Waiver of procedures, informal disposition Rulings on evidentiary matters Official notice of facts Sanctions for contemptuous conduct [Reserved] Subchapter 6 Post-Trial Matters Briefs Service of decisions and orders Effective date Reconsideration or reopening of decision or order Correction of records Approval of attorney's fees Record on appeal from board decisions to [Reserved] Subchapter 7 Procedure in Adoption, Amendment, or Repeal of Rules Page 2
3 Adoption, amendment, or repeal of rules Conduct of public hearing on proposed rulemaking Historical note: This chapter is based substantially upon chapter 12-43, Hawaii Administrative Rules. [Eff. Nov. 5, 1981; R ] SUBCHAPTER 1 GENERAL PROVISIONS Purpose and short title. These rules govern the practice and procedure before the labor and industrial relations appeals board. They shall be construed to secure the just, speedy, and inexpensive determination of every proceeding. These rules may be cited as "LAB Rules". [Eff ] (Auth: HRS 371-4) (Imp: HRS 371-4) Definitions. As used in this chapter, except as otherwise required by context: "Board" means the labor and industrial relations appeals board. "Chairperson" means the chair of the board. "Chief clerk" means the individual designated to receive, record, and preserve the records of the board. "Claimant" means a person who files a claim for benefits under chapter 386, HRS. "Complainant" means a person filing a complaint under any statute granting jurisdiction to the board. "Contested case" shall be as defined in section 91-1(5), HRS. "Director" means the director of labor and industrial relations. "HRS" means the Hawaii Revised Statutes. "Intervenor" means a person who moves to intervene in a contested case and is admitted as a party. "Member" means a member of the board. "Movant" means a party that applies for a ruling or an order from the board. "Party" shall be as defined in section 91-1(3), HRS, and any other person whose name appears in the title of the case. "Person" means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, Page 3
4 partnership, association, or any other legal entity. "Petitioner" means a person who files an application seeking permission or authorization which the board may grant under statutory or other authority delegated to it. "Presiding member" means any member who presides at a board hearing in the chairperson's absence. Unless otherwise designated, the chairperson is the presiding member. "Proceeding" means any matter brought before the board or initiated by the board which it has jurisdiction to entertain and dispose of. "Respondent" means a person against whom a complaint is filed, under any statute granting jurisdiction to the board, or to whom an order or notice is issued by the board instituting a proceeding. "Trial" shall have the same meaning as the term agency hearing, which term is defined in section 91-1(6), HRS. Words importing the singular may extend and be applied to several persons or things, and words importing the plural may include the singular. [Eff ] (Auth: HRS 371-4) (Imp: HRS 371-4) The board. (a) The office of the board is at 888 Mililani Street, Suite 400, Honolulu, Hawaii All communications to the board shall be sent to this address unless otherwise directed. (b) The regular hours of the board shall be from 7:45 a.m. to 4:30 p.m. daily, except Saturdays, Sundays, and legal holidays, unless otherwise provided by statute or executive order. (c) Decisions and orders of the board shall be signed by at least two members. Other board actions, including notices, subpoenas, and ministerial matters, may be issued under the signature of the chairperson, member, or chief clerk. (d) All meetings of the board shall be open to the public except that the board may conduct its adjudicatory function and meet in executive session from which the public may be excluded. [Eff ] (Auth: HRS 371-4) (Imp: HRS 80-1, 92-3, 92-4, 92-6, 92-16, 371-4) to [Reserved] SUBCHAPTER 2 GENERAL REQUIREMENTS IN PROCEEDINGS BEFORE THE BOARD Page 4
5 Appearance and practice before the board. (a) An individual may appear in his or her own behalf; a partner may represent the partnership; a bona fide officer of a corporation, trust, or association may represent the corporation, trust, or association; and an officer or employee of the State or a political subdivision of the State may represent the agency in any proceeding before the board. (b) A person may be represented by an attorney or other duly appointed representative, including, but not limited to, insurance representatives and union representatives in any proceeding under this chapter. [Eff ] (Auth: HRS 371-4) (Imp: HRS 371-4) Standards of conduct. (a) Any person who signs a pleading, brief, or document, enters an appearance at a proceeding, or transacts business with the board, by that act represents the following: (1) That the person is lawfully authorized to so act; (2) That the person shall comply with the laws of this State, and the rules of this board; and (3) That the person shall maintain the respect due the board and shall not deceive or knowingly present any false statements of fact or law to the board. (b) The board may at any time require any person appearing before the board in a representative capacity to furnish written authorization to act in that capacity. [Eff ] (Auth: HRS 371-4) (Imp: HRS 371-4) Time for filing documents. All pleadings, briefs, and other documents required to be filed shall be filed with the board during the regular hours of the board. The file stamped date on the document shall be regarded as the date of filing. [Eff ] (Auth: HRS 371-4) (Imp: HRS 371-4) Format for pleadings and other documents. (a) Pleadings, briefs, and other documents shall be typewritten upon paper 8-1/2 x 11 inches in size. Tables, maps, charts, exhibits, or appendices may be larger but shall be folded to that size where practical. The impression shall be double spaced, except that footnotes and quotations in excess of a few lines may be single spaced. Reproduction may be by any process which makes clear and permanently legible copies. A facsimile shall not be allowed as a substitute for an original, where an original document is required. Page 5
6 (b) Pleadings, briefs, and other documents shall show the title of the case, the docket number, the nature of the document, and the name, address, and telephone number of the person or attorney filing the document. (c) The original of each document, including appeals, complaints, answers, motions, notices, briefs, and amendments shall be signed and dated in black ink by each party or its authorized representative. Any handwritten entries on documents shall also be in black ink and signed to acknowledge responsibility. [Eff ] (Auth: HRS 371-4) (Imp: HRS 371-4) Custody of records. The chief clerk or designee shall have custody of the board's official records of cases on appeal and shall be responsible for the maintenance and custody of the docket files, including, but not limited to, transcripts, exhibits, decisions, orders, rules, and approved forms. [Eff ] (Auth: HRS 371-4) (Imp: HRS 371-4) Retention of documents by the board. During the pendency of the appeal, all documents filed with or presented to the board shall be retained in the files of the board. The board may, however, permit the withdrawal of original documents upon submission of properly authenticated copies to replace the documents. [Eff ] (Auth: HRS 371-4) (Imp: HRS 91-12, 371-4) Copies. Unless otherwise required, each party shall file with the board an original and one copy of a notice of appeal, and an original of each complaint, or other pleading and any amendment to an appeal, complaint, or other pleading. The chairperson may require that additional copies be provided or additional persons be served. [Eff ] (Auth: HRS 371-4) (Imp: HRS 371-4) Defective documents. Any document filed with the board, which is not in compliance with applicable rules, orders, or statutes may be accepted by the chief clerk or designee and filed. The mere fact of filing, however, shall not waive any failure to comply with this chapter or any other legal requirement. [Eff ] (Auth: HRS 371-4) (Imp: HRS 371-4) Service of process. (a) The chief clerk or designee shall serve all decisions, orders, notices, and other documents issued by the board, together with any other documents that Page 6
7 the board is required by law to serve. Upon request, the chief clerk or designee may effect service by placing a copy of the document in the attorney's jacket at the board if the party is represented by an attorney. All other documents shall be served by the party who files such document. (b) Any person filing documents shall serve a copy upon each party or its duly appointed representative and shall attach a certificate of service on the filed original. Any representative entering an appearance after the commencement of a proceeding shall notify all other duly appointed representatives then of record and all parties not represented of that fact. (c) Documents shall be served personally or, unless otherwise provided by law, by first class mail. (d) Service upon a party shall be deemed complete upon the occurrence of at least one of the following: (1) The party or its duly appointed representative is personally served; (2) The document is delivered to the party's home or its duly appointed representative's office and left with a person of suitable age and discretion; or (3) The document is properly stamped, addressed, and mailed to the last known address of the party on file with the board or to its duly appointed representative. [Eff ] (Auth: HRS 371-4) (Imp: HRS 371-4) Computation of time. In computing any period of time specified under this chapter, in a notice, or in any order of the board, the time begins with the day following the act, event, or default and includes the last day of the period so computed, unless it is a Saturday, Sunday, or holiday; in which event the period runs until the end of the next day which is not a Saturday, Sunday or holiday. As used in this chapter, "holiday" includes any day designated as such by section 8-1, HRS. [Eff ] (Auth: HRS 371-4) (Imp: HRS 371-4) SUBCHAPTER 3 PRE-TRIAL PROCEDURES Limitation of issues on appeal. The board may decline to hear and determine any issue which the director in the decision on appeal did not decide or left for future determination. [Eff ] (Auth: HRS 371-4) (Imp: HRS 371-4) Page 7
8 Initial conference. (a) Upon docketing an appeal, the board may convene an initial conference to consider: (1) The simplification of issues; (2) The necessity or desirability of amendments to pleadings; (3) The possibility of obtaining stipulations of fact and documents to avoid unnecessary proof; (4) Limiting the number of witnesses and disclosing the names of witnesses to be called; (5) The position of each party, including the basic facts it intends to prove; (6) Marking of exhibits for identification; and (7) Other matters which may aid the efficient disposition of the proceeding. (b) Initial conference statements shall be filed by the parties no later than three business days before the scheduled initial conference covering those areas identified in the notice of initial conference. Additional conferences may be scheduled at the board's discretion. [Eff ] (Auth: HRS 371-4) (Imp: HRS 371-4) Pretrial order. (a) When an initial conference is held, the board may enter a pretrial order which recites the action taken at the conference, including: (1) The agreements made by the parties as to any of the matters considered; (2) The issues for hearing not otherwise disposed of by stipulation or agreement of the parties; and (3) The discovery deadlines. (b) When the pretrial order establishes discovery deadlines, the specified deadline means as follows: (1) Unnamed witness means identification of the name and address of an individual not previously identified in the party's pretrial statement. (2) Live witness means identification of individuals previously identified in the party's pretrial statement or unnamed witness statement, and who the party, in good faith, intends to have testify at trial. An individual not identified in the party's live witness statement shall not be allowed to testify at trial. (3) Medical report deadline means the date that all medical reports or records shall be filed at the board. (4) Discovery deadline means the date that all non-medical documents or records shall be filed at the board, except Page 8
9 that the transcript of an oral deposition of any individual conducted before such deadline may be filed after such deadline. (c) The pretrial order shall control the subsequent course of the appeal, unless modified by the board at the trial or prior thereto to prevent manifest injustice. The pretrial order shall supersede the pleadings where there is any conflict and shall supplement the pleadings in all other respects. (d) The board may impose administrative sanctions as described in section for noncompliance with the board's order. [Eff ] (Auth: HRS 371-4) (Imp: HRS 371-4) Dismissal for non-appearance. Where it appears that the appellant or complainant was served with a notice of hearing or initial or settlement conference but fails to appear at such hearing or conference, either in person, by attorney, or duly appointed representative, the board may, after service of notice of intention to dismiss, dismiss the appeal or may proceed and make a decision as is just and proper. [Eff ] (Auth: HRS 371-4) (Imp: HRS 371-4) Remand for director's determination of certain issues. (a) The board may issue an order remanding any proceeding: (1) For determination of an issue not decided by the director; or (2) For such other action by the director as may serve the interests of the just, speedy, and inexpensive determination of the appeal. (b) The order of remand shall specify the issue or issues for determination or other action to be taken. (c) Following the director's decision on remand, the director shall transmit the case file to the board, and upon such transmittal, the board shall proceed to hear and determine the issues raised in the original appeal. Should any party desire to appeal issues addressed by the director's decision on remand, it shall be necessary for such party to file an appeal within twenty days after a copy of the decision on the remanded issue has been sent to the parties. [Eff ] (Auth: HRS 371-4) (Imp: HRS 371-4, ) Substitution of parties. Upon motion and for good cause shown, the board may order substitution of parties, except that in the case of a party's death, substitution may be ordered without filing a motion. [Eff ] (Auth: HRS 371-4) (Imp: HRS Page 9
10 371-4) Joinder of parties. (a) The board may order the joinder of additional parties necessary for the full adjudication of the case. Motions to join additional parties shall be made within sixty days following the initial conference on the appeal. The board may permit joinder of additional parties beyond this period upon a showing of good cause. (b) Upon the filing of the order of joinder, the board shall schedule another conference to clarify the issues on appeal and may, at that time, modify the discovery deadlines and hearing date. (c) When written notice has been given to a party pursuant to section , Hawaii Administrative Rules, and that party has been afforded a reasonable opportunity to participate in the proceedings before the director, that party shall be deemed a party to the appeal and there shall be no necessity to file a motion to join that party in the proceeding before the board. (d) When the special compensation fund is a captioned party in the director's decision, the special compensation fund shall be deemed a party to the appeal and there shall be no necessity to file a motion to join the special compensation fund in the proceeding before the board. [Eff ] (Auth: HRS 371-4) (Imp: HRS 371-4) Consolidation or separation. The board, upon its own initiative or upon motion, may consolidate for hearing two or more proceedings that involve the same parties or related questions of fact or law or may separate matters in issue for hearing in two or more separate proceedings, if it finds that consolidation or separation will be conducive to the just, speedy, and inexpensive determination of the proceedings. [Eff ] (Auth: HRS 371-4) (Imp: HRS 371-4) Discontinuance of appeal. An appeal pending before the board may be withdrawn or discontinued only upon approval by the board. [Eff ] (Auth: HRS 371-4) (Imp: HRS 371-4) [Reserved] SUBCHAPTER 4 Page 10
11 DISCOVERY, SUBPOENAS, AND MOTIONS Request for subpoenas. (a) Any party may request the issuance of a subpoena requiring the attendance of a witness to testify before the board or for the taking of depositions. (b) Any party may request the issuance of a subpoena duces tecum for the production of documents or records. The request must: (1) Be in writing;and (2) Specify the particular document or record, or portion of document or record sought. (c) Only parties may request the issuance of a subpoena. (d) Any board member may issue a subpoena. The board may decline to issue a subpoena when fairness and equity so dictate. (e) The party requesting a subpoena shall pay to the witness the same fees and mileage as are paid witnesses in circuit courts of the State of Hawaii. (f) Witnesses shall be placed under oath or affirmation prior to testifying. [Eff ] (Auth: HRS 371-4) (Imp: HRS 92-16, 371-4, 371-6) Depositions and discovery. After the filing of the notice of appeal any party may proceed to obtain discovery by deposition upon oral examination, written interrogatories, or request for production of documents in the manner and effect prescribed by the Hawaii Rules of Civil Procedure; provided that to protect a party or person from undue burden or expense or for other good cause, the board may on motion by any party or on its own motion, order that the discovery not be taken or be taken upon such terms and conditions as the board may specify. The board may upon written application and for good cause shown, compel discovery, order that discovery be made by any other means prescribed by the Hawaii Rules of Civil Procedure, and impose sanctions as provided by the Hawaii Rules of Civil Procedure or section , or both, as it deems appropriate, for the failure of any party or person to allow discovery. [Eff ] (Auth: HRS 387-4) (Imp: HRS 371-4) Motions, generally. (a) Form. All motions, except when made during a trial, shall be in writing, state the grounds for the motion, set forth the relief or order sought, and be accompanied by a memorandum in support of the motion. If the motion requires consideration of facts not appearing in the record, it shall be supported by an affidavit. Every motion shall indicate whether a hearing is requested on the motion and shall be accompanied by a Page 11
12 notice of hearing. Motions shall be served in accordance with section (b) Responsive memoranda. An opposing party may serve and file counter affidavits and a written statement of reasons in opposition to the motion and of the authorities relied upon not later than five business days before the date of the hearing. If the hearing on the motion is scheduled within five business days after the motion is filed, then such response shall be served and filed at least one business day before the time set for hearing. (c) Required notice; effect of failure to appear. A party who does not oppose a motion or who intends to support a motion or who desires a continuance shall notify the board and the opposing parties within five business days before the date of the hearing. If the hearing on the motion is scheduled within five business days after the motion is filed, the board shall be notified within one business day before the time set for hearing. Failure to appear at the hearing may be deemed a waiver of objections to the granting of the motion. (d) If a hearing on the motion is not requested, the board may decide the matter upon the pleadings, memoranda, and other documents filed. [Eff ] (Auth: HRS 371-4) (Imp: HRS 371-4) Motion to dismiss. A motion to dismiss any appeal or complaint made before a hearing on the merits of the case shall not be heard until five business days after the motion has been served. [Eff ] (Auth: HRS 371-4) (Imp: HRS 371-4) Motion for stay of director's decision and order. A motion for stay of the director's decision and order, in whole or in part, shall be filed no later than ten calendar days after an appeal has been taken. Upon good cause shown, the board may permit the filing of a motion for stay beyond this period. Failure to file the motion within the designated period may constitute grounds to deny the motion. [Eff ] (Auth: HRS 371-4) (Imp: HRS 371-4, ) Enlargement. (a) When any act is required or allowed to be done at or within a specified time, the board for good cause shown may at any time: (1) Upon written request made before the expiration of the period prescribed, order the period enlarged; or (2) Upon motion made after the expiration of the specified Page 12
13 period, permit the act to be done where the failure to act was the result of excusable neglect; but it may not extend the time for taking any action on jurisdictional matters or where any order expressly provides that no enlargement shall be granted. (b) Motions for extensions of time and requests or stipulations for continuances must be in writing, except when made at hearing. Ordinarily, when a matter is to be submitted on concurrent briefs, extensions shall not be granted unless a stipulation by all parties is filed with the board. [Eff ] (Auth: HRS 371-4) (Imp: HRS 371-4) to [Reserved] SUBCHAPTER 5 PROCEDURES AT TRIAL/HEARING Order of presentation. (a) In all hearings before the board, the appellant, complainant, or movant shall open and close, unless the presiding member directs otherwise. Appellees, intervenors, and respondents shall be heard in the order the presiding member directs. (b) The order of presentation shall not alter the burden of proof, including the burden of producing evidence and the burden of persuasion. The party or parties who must bear these burdens shall be determined by law. [Eff ] (Auth: HRS 371-4) (Imp: HRS 371-4) Rules of evidence. The board shall not be bound by statutory and common law rules relating to the admission or rejection of evidence. The board may exercise its own discretion in these matters, limited only by considerations of relevancy, materiality, and repetition, by the rules of privilege recognized by law, and with a view to securing a just, speedy, and inexpensive determination of the proceedings. [Eff ] (Auth: HRS 371-4) (Imp: HRS 371-4) Conduct of hearing and evidence. (a) Testimony shall be taken on oath or affirmation. (b) Each party shall have the right to call and examine parties and witnesses, to introduce evidence, to question opposing witnesses and parties on any matter relevant to the issues even Page 13
14 though that matter was not covered in direct examination, to impeach any witness regardless which party first called the witness to testify, and to offer rebuttal evidence. (c) Any member may question any party or witness. (d) The admission of evidence in a hearing shall be controlled by the presiding member in a manner in which the presiding member considers best suited to ascertain the just, speedy, and inexpensive determination of the proceedings. [Eff ] (Auth: HRS 371-4) (Imp: HRS 91-9, 91-10, 371-4) Cross examination. Each party has the right to conduct such cross-examination of any party's witnesses as may be required for a full and true disclosure of the facts and has the right to submit rebuttal evidence. [Eff ] (Auth: HRS 371-4) (Imp: HRS 91-10, 371-4) Limiting number of witnesses. To avoid unnecessary or unduly repetitious evidence, the presiding member may limit the number of witnesses or the time for testimony upon a particular issue. [Eff ] (Auth: HRS 371-4) (Imp: HRS 91-10, 371-4) Waiver of procedures, informal disposition. With the approval of the board, any procedure in a contested case may be modified or waived by stipulation of the parties, and informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default. [Eff ] (Auth: HRS 371-4) (Imp: HRS 371-4) Rulings on evidentiary matters. (a) The presiding member shall rule on the admissibility of evidence and on any oral motions made in the course of trial. The presiding member may issue a ruling after taking the matter under advisement. (b) When objections are made to the admission or exclusion of evidence, the ground relied upon may be stated briefly. Formal exceptions to rulings are unnecessary and need not be taken. (c) An offer of proof for the record shall consist of a statement of the substance of the evidence to which an objection had been sustained. [Eff ] (Auth: HRS 371-4) (Imp: HRS 371-4) Official notice of facts. The board may take official notice of those matters as may be judicially noticed by the Page 14
15 courts of the State. It may also take official notice of generally recognized technical or scientific facts within its specialized knowledge, upon notice to all parties before or during trial. Any party shall have an opportunity to contest the facts so noticed, within the time specified by the presiding member. [Eff ] (Auth: HRS 371-4) (Imp: HRS 91-10, 371-4) Sanctions for contemptuous conduct. (a) Any person whose conduct at any proceeding before the board or before a member is deemed contemptuous by the presiding member, or who has refused to comply with an order of the board, has refused to adhere to reasonable standards of orderly and ethical conduct, has failed to act in good faith, or has engaged in the continued use of dilatory tactics, may be excluded from the proceeding. The board may impose other sanctions, including dismissal of the appeal. (b) If a witness refuses to answer any question which has been ruled to be proper, the presiding member may strike all testimony previously given by the witness on related matters. [Eff ] (Auth: HRS 371-4) (Imp: HRS 371-4) [Reserved] SUBCHAPTER 6 POST-TRIAL MATTERS Briefs. The presiding member may require briefs to be submitted and may fix the time for filing briefs. Exhibits may be reproduced in an appendix to a brief. A brief of more than twenty pages shall contain a table of contents. [Eff ] (Auth: HRS 371-4) (Imp: HRS 371-4) Service of decisions and orders. The chief clerk or designee shall serve a certified copy of the decision or order of the board on the parties, duly appointed representatives, or their attorneys in accordance with section as applicable. [Eff ] (Auth: HRS 371-4) (Imp: HRS , ) Effective date. The effective date of the decision or order is the date it is filed by the chief clerk or designee. [Eff ] (Auth: HRS 371-4) (Imp: HRS 371-4) Reconsideration or reopening of decision or order. Page 15
16 (a) In the absence of an appeal and within thirty days after mailing of a copy of the board's decision or order, the board may, upon the request of any party, or upon its own motion, reconsider or reopen the matter. If reopening is allowed, the board may take further evidence or may modify its decision or order. The time to initiate judicial review shall run from the date of mailing of the further decision if the matter has been reconsidered or reopened. If the request for reconsideration or reopening is denied, the time to initiate judicial review shall run from the date of mailing the denial decision. (b) The request for reconsideration or reopening shall be in writing and shall be served upon all parties. The request shall specify the reasons why reconsideration or reopening is warranted. (c) A hearing on the request for reconsideration or reopening may be held at the board's discretion. [Eff ] (Auth: HRS 371-4) (Imp: HRS 371-4, ) Correction of records. Clerical mistakes in decisions, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the board at any time of its own initiative or upon the application of any party. During the pendency of a judicial appeal, the mistakes may be so corrected before the appeal is docketed in the appellate court, and thereafter while the appeal is pending, may be so corrected with leave of the appellate court. [Eff ] (Auth: HRS 371-4) (Imp: HRS 91-14, 371-4) Approval of attorney's fees. Within ten calendar days following the filing of a final decision and order, or upon the filing of a stipulation and settlement agreement with respect to an appeal compromised pursuant to section , HRS, attorneys seeking approval of fees pursuant to section , HRS, shall file with the board a request for approval of attorney's fees setting forth the various activities performed together with the time expended by the attorney in each activity. The request shall be served on those parties against whom the fees are to be assessed. Any party objecting to approval of a request may file a written objection thereto no later than ten calendar days following service. No request for approval of attorney's fees or agreement to pay attorney's fees shall be valid until approved by the board. [Eff ] (Auth: HRS 371-4) (Imp: HRS 371-4, ) Record on appeal from board decisions. (a) The Page 16
17 original papers and exhibits filed with the board, the transcript of any proceedings requested, and the indexes prepared by the chief clerk of the board shall constitute the record on appeal. (b) Within ten days after filing the notice of appeal the appellant shall order from a certified court reporter, a transcript of the board's audio tape recording of the proceedings which are not already on file. The order shall be in writing and within the same ten-day period, a copy of the order for transcript shall be filed with the chief clerk of the board who shall forward the board's audio tape recording of the proceedings to the designated certified court reporter. If no transcript is to be ordered, within the same period, the appellant shall file a certificate to that effect. (c) Any appellee may, within the following ten days, either order the transcript or move the board for an order requiring the appellant to do so. (d) The court reporter shall file with the board the transcript of the proceedings within thirty-five days after the filing of the notice of appeal. If the court reporter is unable to complete the transcription within that period, the court reporter may request in writing a continuance of the filing for up to an additional fifty days. (e) At the time of ordering, a party shall make satisfactory arrangements with the court reporter for payment of the cost of the transcript. [Eff ] (Auth: HRS 91-2, 371-4) (Imp: 91-14, ) to [Reserved] SUBCHAPTER 7 PROCEDURE IN ADOPTION, AMENDMENT, OR REPEAL OF RULES Adoption, amendment, or repeal of rules. (a) Any interested person or any agency of the state or county government may petition the board for the adoption, amendment, or repeal of any rule. (b) The petition shall set forth the text of any proposed rule or amendment desired or specify the rule the repeal of which is desired and state concisely the nature of the petitioner's interest in the subject matter and the petitioner's reasons for seeking the adoption, amendment, or repeal of the rule and shall include any facts, views, arguments, and data deemed relevant by the petitioner. The board may also require the petitioner to serve other persons or Page 17
18 governmental agencies known to be interested in the proposed rulemaking. No request for the adoption, amendment, or repeal of a rule which does not conform to the requirements set forth in this section will be considered by the board. (c) Petitions for rulemaking will be given docket numbers and will become matters of public record upon filing. The board, within thirty days following the filing of the petition, shall either deny the petition in writing or initiate proceedings for the adoption, amendment, or repeal of the rule as provided by law. (d) No public hearing, oral arguments, or other form of proceedings will be held directly on any petition unless the board determines that a petition discloses sufficient reasons in support of the relief requested to justify a public hearing. Where the board determines that the petition does not disclose sufficient reasons to justify the institution of public rulemaking procedures, or where the petition for rulemaking fails in any material respect to comply with the requirements of this subchapter, the petitioner shall be so notified together with the grounds for denial. The provisions of this section shall not operate to prevent the board on its own motion from acting on any matter disclosed in any petition. [Eff ] (Auth: HRS 371-4) (Imp: HRS 91-6, 371-4) Conduct of public hearing on proposed rulemaking. (a) Each public hearing on the proposed adoption, amendment, or repeal of any rule shall be conducted in such a way to afford to interested persons a reasonable opportunity to be heard on matters relevant to the issues involved so as to obtain a clear and orderly record. The presiding member shall have authority to administer oaths or affirmations and to take all other actions necessary to the orderly conduct of the hearing. (b) The hearing shall be held at the time and place set in the notice of hearing, but may be continued by the board from day to day or adjourned to a later date or to a different place without notice other than the announcement thereof at the hearing. (c) At the commencement of the hearing, the presiding member shall outline briefly the procedure to be followed. Testimony shall then be received with respect to the matters specified in the notice of hearing in such order as the presiding member shall prescribe. (d) All interested persons shall be given reasonable opportunity to offer testimony with respect to the matters specified in the notice of hearing. All witnesses shall, before proceeding to testify, state their name, address, whom they represent at the Page 18
19 hearing, and shall give such other information regarding their appearance as the board may request. The board shall confine the testimony to questions before the hearing. All witnesses shall be subject to questioning by the board or by any other authorized representative, but cross-examination by private persons shall not be permitted unless the presiding member expressly permits it. (e) All interested persons or agencies of the State or political subdivision of the State may submit in writing to the board, either prior to or at the hearing, any data, views, or arguments which are relevant to the issue. At the discretion of the board, additional written comments or recommendations may be filed within a period set by the board. (f) Unless otherwise specifically ordered by the board, testimony given at the hearing shall not be reported verbatim. All supporting written statements, maps, charts, tabulations, or similar data offered at the hearing, and which are deemed by the board to be authentic and relevant, shall be received and made a part of the record. Unless the presiding member finds that the furnishing of copies is impractical, four copies of the exhibits shall be submitted. [Eff ] (Auth: HRS 371-4) (Imp: HRS 91-3, 371-4, 371-6) Page 19
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I booked my session – now what?
Now that your online dog training consultation is booked, Megan will contact you to pick out a time and day that will work best to do our phone session. In the meantime, please start to write down any questions you may have or topics you'd like to discuss during our time.
What do I need to have to be prepared in advance?
If Skype is your preference then it's recommended that you download Skype ahead of time to make sure you have everything setup before our session is scheduled to begin. FaceTime and over the phone are also other options; whichever is easiest for you is what we will do. Also, please have a notebook handy with your questions written down, that way you don't forget the things you wanted to discuss and go over.


The River to River Trail Society is pleased to announce the publication of its new official online guide to the entire River-to-River Trail. The Trail Guide is now available to all without charge on the Society's website at rivertorivertrail.net, simply by going to the site and then clicking on "Trail Information." Users will have the option of downloading and printing either the entire guidebook, or only those pages covering a particular section of the trail in which they are interested. In addition, users may also download the guide to their smart devices, because the guide is fully hyper-linked for easy navigation. The Trail Guide is intended for both hikers and horsemen, and should prove essential reading to both alike.
The River-to-River Trail stretches 157 miles across Southern Illinois, from Elizabethtown on the Ohio River to Grand Tower on the Mississippi. Following a three year effort to generate updated and accurate maps, and a 2017 re-marking of the entire route, the River-to-River Trail has become one of the premier long distance hiking and equestrian trails in the Midwest. The River to River Trail can provide a boost to outdoor recreation and tourism in Southern Illinois. The new guidebook is being issued by the Society as a part of the same project, and contains maps of up-to-the-minute accuracy.
This is the fifth edition of the Trail Guide, and is the first to be offered free online. It is also the first revision of the guidebook since 2011. The online format provides the Society with the means to keep the Trail Guide constantly up to date, as changes are made in the route of the Trail or new information becomes necessary or available. The 140 pages of the guidebook contain seventeen chapters detailing each section of the Trail, including the historic eastern section beginning at Battery Rock, as well as chapters on trail safety, equestrian use of the trail, and use of online hiking maps.
The maps of all sections of the Trail have been brought up-to-date and checked for accuracy. The information on points of interest near the Trail has been greatly expanded. New to the guidebook are charts showing mileage and changes in elevation along the Trail The guidebook is copiously illustrated with maps and photographs throughout.
Society Vice President William Gilmour of Metropolis, Illinois is the author of the new edition, with assistance from several other members of the Society. Shawn Gossman, of hikingwithshawn.com, contributed a chapter on trail safety and Keith Kibler, of the Shawnee Trail Conservancy, contributed a separate chapter on riding the trail on horseback. The Society is grateful to the staff of the Shawnee National Forest for their assistance with the maps, and to our advertisers for permitting the Trail Guide to be offered in a format that makes it free to all.
For Shuttle service along the trail, or for guided hikes anywhere in Shawnee Forest Country try Bart Lane's Shawnee Guided hiking tour and shuttle service.


This large yellow and black striped butterfly is truly a gift from nature. It has two tails and beautiful blue markings scaling across the hind wings. This butterfly is lovely and graceful, yet it is so rarely enjoyed up close and personal. In 2001, the Two-tailed Swallowtail made its way into history; it officially became the State Butterfly of Arizona. If you live in the western part of the United States, this butterfly would be a wonderful addition to any garden.
Average Wingspan: 3 1/2" - 5"


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What is a Tropical Rainforest Climate?
The cascading Somerset Falls near Port Antonio, Jamaica.
Primary Characteristics
A tropical rainforest climate, or equatorial climate, is a type of climate typical of tropical forests and regions along the equator. Tropical rainforests experience this tropical climate, a climate without any dry season. In addition, there is neither summer nor winter in the tropical rainforests, but it usually is hot and wet all months of the year with frequent and heavy rains. The average precipitation in tropical rainforests is sixty millimeters per year. Consecutive days in regions with a tropical climate exhibit similar weather conditions with the day-night variation of temperature higher than the annual average change in temperature.
Locations Around the World
Equatorial climate is prevalent in regions with the latitudes of at most ten degrees North and South of the equator, and the Intertropical Convergence Zone dominates these regions. Southeast Asia, South America, and Central Africa are the major regions which experience tropical rainforest climates. It is worth noting that an equatorial climate does not feature in all the areas along the equator, but tropical rainforest microclimates are typical in many regions such as the far North Queensland.
In some regions that exhibit an equatorial climate, there are uniform heavy rains throughout the year making them monotonously wet. For example, Andagoya in Colombia has this kind of rainforests. However, in many cases, such as in Palembang, Indonesia, the times of extended days and higher sun are specifically wetter than other periods. Moreover, while the tropical rainforest is a climate that is common in the regions near the equator, some exceptional instances exist whereby areas that are relatively far from the equator can experience the equatorial climate. For example, Fort Lauderdale in the US and Santos in Brazil are regions which are far from the equator, but they exhibit the tropical climate, though they have remarkably warmer and colder periods in a year.
The combination of continuous warm and abundant moisture in the tropical rainforests make it provide suitable environments for many animals and plants. In fact, the world's highest diversity is in the tropical rainforests, where more than fifteen million species of animals and plants live in these regions. Besides, the hot and humid conditions of the equatorial climate provide suitable habitat for bacteria and other microbes. They are consequently active at all times; therefore, they decompose matter on the forest floor, which in turn add nutrients to the soil. However, the land cannot store the nutrients because the plants in these regions rapidly consume the nutrients. In addition, a large percentage of nutrients that the soil absorbs from the decomposed matter is leached out by a significant amount of rainfall. As a result, the land in the tropical rainforests remains acidic and infertile.
Notable Cities with a Tropical Rainforests Climate
In Africa, some of the notable cities with tropical rainforests climate are Kisumu in Kenya, Kribi in Cameroon, Moroni in Comoros and Kampala Uganda. In North America, the cities are Limon in Costa Rica, Port Antonio in Jamaica, Kapaa in the US and Punta Gorda in Belize. The cities in South America are Florencia in Colombia and Manaus in Brazil. Others in Asia include Bogor, Medan, and Biak in Indonesia, while in Oceania; some of these cities are Port Villa in Vanuatu and Suva in Fiji.
Salome Chelangat October 18 2017 in Environment
How Are Plants Adapted To The Tropical Rainforest?
What Animals Live In The Tropical Rainforest?
More in Environment
Meet 12 Incredible Conservation Heroes Saving Our Wildlife From Extinction
India's Leopard God, Waghoba, Aids Wildlife Conservation In The Country
India's Bishnoi Community Has Fearlessly Protected Nature For Over 500 Years
Wildfires And Habitat Loss Are Killing Jaguars In The Amazon Rainforest
In India's Sundarbans: Where People Live Face-To-Face With Wild Tigers
Africa's "Thunderbird" Is At Risk Of Extinction
Why Is Biodiversity Critical To Life On Earth?
How Is Climate Change Impacting The Water Cycle?

redpajama_set_name: RedPajamaCommonCrawl


2016 ended with a flourish with £1.7bn worth of industrial assets changing hands in Q4 2016, 40% above the five-year quarterly average and the strongest quarter in two years.
Industrial volumes accounted for 11.1% of all property volume for 2016, its highest since 2009.
REIT's remain net buyers of industrial despite being net sellers of all UK property.
Local authorities were active buyers, taking advantage of low borrowing costs.
Limited buying opportunities and strong occupier market fundamentals continue to put pressure on pricing.
While pricing will remain firm, volume in Q1 will be down on last quarter due to an underlying lack of stock.


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»Office of the Commissioner of Insurance (Ins)
»Chapter Ins 2
Ins 2.17(6)(a)8. 8. The guaranteed elements, if any, shall be shown before corresponding non-guaranteed elements. Any page of an illustration that shows or describes only the non-guaranteed elements shall include a reference to the page where guaranteed elements are shown and a statement that guaranteed elements are found on that page.
Ins 2.17(6)(a)9. 9. The account or accumulation value of a policy, if shown, shall be identified by the name this value is given in the policy being illustrated and shown on the same page in close proximity to the corresponding value available upon surrender.
Ins 2.17(6)(a)10. 10. The value available upon surrender shall be identified by the name this value is given in the policy being illustrated and shall be the amount available to the policy owner in a lump sum after deduction of surrender charges, policy loans and policy loan interest, as applicable.
Ins 2.17(6)(a)11. 11. Illustrations may show policy benefits and values in graphic or chart form in addition to the tabular form.
Ins 2.17(6)(a)12. 12. Any illustration of non-guaranteed elements shall be accompanied by a statement indicating that the benefits and values are not guaranteed, that the assumptions on which they are based are subject to change, and that actual results may be more or less favorable.
Ins 2.17(6)(a)13. 13. If the illustration shows that the premium payer may have the option to allow policy charges to be paid using non-guaranteed values, the illustration shall clearly disclose that a charge continues to be required and that, depending on actual results, the premium payer may need to continue or resume premium outlays. Similar disclosure shall be made for premium outlay of lesser amounts or shorter durations than the contract premium. If a contract premium is due, the premium outlay display shall not be left blank or show zero unless accompanied by an asterisk or similar mark to draw attention to the fact that the policy is not paid up.
Ins 2.17(6)(a)14. 14. If the applicant plans to use dividends or policy values, guaranteed or non-guaranteed, to pay all or a portion of the contract premium or policy charges, or for any other purpose, the illustration may reflect those plans and the impact on future policy benefits and values.
Ins 2.17(6)(b) (b) A basic illustration shall include the following narrative summary:
Ins 2.17(6)(b)1. 1. A brief description of the policy being illustrated, including a statement that it is a life insurance policy.
Ins 2.17(6)(b)2. 2. A brief description of the premium outlay or contract premium, as applicable, for the policy. For a policy that does not require payment of a specific contract premium, the illustration shall show the premium outlay that must be paid to guarantee coverage for the term of the contract, subject to maximum premiums allowable to qualify as a life insurance policy under the applicable provisions of the Internal Revenue Code.
Ins 2.17(6)(b)3. 3. A brief description of any policy features, riders or options, guaranteed or non-guaranteed, shown in the basic illustration and the impact they may have on the benefits and values of the policy.
Ins 2.17(6)(b)4. 4. Identification and a brief definition of column headings and key terms used in the illustration.
Ins 2.17(6)(b)5. 5. A statement containing in substance the following: "This illustration assumes that the currently illustrated nonguaranteed elements will continue unchanged for all years shown. This is not likely to occur, and actual results may be more or less favorable than those shown."
Ins 2.17(6)(c) (c) A basic illustration shall include the following numeric summary, following the narrative summary:
Ins 2.17(6)(c)1. 1. A summary of the death benefits and values and the premium outlay and contract premium, as applicable. For a policy that provides for a contract premium, the guaranteed death benefits and values shall be based on the contract premium. This summary shall be shown for at least policy years 5, 10 and 20 and at age 70, if applicable, on the three bases shown below in subds. 2., 3., and 4. For multiple life policies the summary shall show policy years 5, 10, 20 and 30.
Ins 2.17(6)(c)2. 2. Policy guarantees.
Ins 2.17(6)(c)3. 3. Insurer's illustrated scale.
Ins 2.17(6)(c)4. 4. Insurer's illustrated scale used but with the non-guaranteed elements reduced as follows:
Ins 2.17(6)(c)4.a. a. Dividends at 50% of the dividends contained in the illustrated scale used.
Ins 2.17(6)(c)4.b. b. Non-guaranteed credited interest at rates that are the average of the guaranteed rates and the rates contained in the illustrated scale used.
Ins 2.17(6)(c)4.c. c. All non-guaranteed charges, including but not limited to, term insurance charges, mortality and expense charges, at rates that are the average of the guaranteed rates and the rates contained in the illustrated scale used.
Ins 2.17(6)(c)5. 5. If coverage would cease prior to policy maturity or age 100, the year in which coverage ceases shall be identified for each of the three bases shown above in subds. 2., 3. and 4.
Ins 2.17(6)(d) (d) Statements substantially similar to the following shall immediately follow the numeric summary and be signed by the applicant, or the policy owner in the case of an illustration provided at time of delivery, as required in this section.
Ins 2.17(6)(d)1. 1. A statement to be signed and dated by the applicant or policy owner reading as follows: "I have received a copy of this illustration and understand that any non-guaranteed elements illustrated are subject to change and could be either higher or lower. The agent has told me they are not guaranteed."
Ins 2.17(6)(d)2. 2. A statement to be signed and dated by the agent or other authorized representative of the insurer reading as follows: "I certify that this illustration has been presented to the applicant or policy owner and that I have explained that any non-guaranteed elements illustrated are subject to change. I have made no statements that are inconsistent with the illustration."
Ins 2.17(6)(e) (e) The following elements shall be shown in tabular detail:
Ins 2.17(6)(e)1. 1. A basic illustration shall include the following for at least each policy year from 1 to 10 and for every 5th policy year thereafter ending at age 100, policy maturity or final expiration; and except for term insurance beyond the 20th year, for any year in which the premium outlay and contract premium, if applicable, is to change:
Ins 2.17(6)(e)1.a. a. The premium outlay and mode the applicant plans to pay and the contract premium, as applicable.
Ins 2.17(6)(e)1.b. b. The corresponding guaranteed death benefit, as provided in the policy.
Ins 2.17(6)(e)1.c. c. The corresponding guaranteed value available upon surrender, as provided in the policy.
Ins 2.17(6)(e)2. 2. For a policy that provides for a contract premium, the guaranteed death benefit and value available upon surrender shall correspond to the contract premium.
Ins 2.17(6)(e)3. 3. Non-guaranteed elements may be shown if described in the contract. In the case of an illustration for a policy on which the insurer intends to credit terminal dividends, they may be shown if the insurer's current practice is to pay terminal dividends. If any non-guaranteed elements are shown they must be shown at the same durations as the corresponding guaranteed elements, if any. If no guaranteed benefit or value is available at any duration for which a non-guaranteed benefit or value is shown, a zero shall be displayed in the guaranteed column.
Ins 2.17(7) (7) Standards for supplemental illustrations.
Ins 2.17(7)(a)(a) A supplemental illustration may be provided so long as it complies with all of the following:
Ins 2.17(7)(a)1. 1. It is appended to, accompanied by or preceded by a basic illustration that complies with this section.
Ins 2.17(7)(a)2. 2. The non-guaranteed elements shown are not more favorable to the policy owner than the corresponding elements based on the scale used in the basic illustration.
Ins 2.17(7)(a)3. 3. It contains the same statement required of a basic illustration that non-guaranteed elements are not guaranteed.
Ins 2.17(7)(a)4. 4. For a policy that has a contract premium, the contract premium underlying the supplemental illustration is equal to the contract premium shown in the basic illustration. For policies that do not require a contract premium, the premium outlay underlying the supplemental illustration shall be equal to the premium outlay shown in the basic illustration.
Ins 2.17(7)(b) (b) The supplemental illustration shall include a statement informing the reader to consult the basic illustration for guaranteed elements and the other important information it contains.
Ins 2.17(8) (8) Delivery of illustration and record retention.
Ins 2.17(8)(a)(a) If a basic illustration is used by an agent or other authorized representative of the insurer in the sale of a life insurance policy and the policy is applied for as illustrated, a copy of that illustration, signed in accordance with this section, shall be submitted to the insurer at the time of policy application. A copy also shall be provided to the applicant. If the policy is issued other than as applied for, a revised basic illustration conforming to the policy as issued shall be sent with the policy. The revised illustration shall conform to the requirements of this section, shall be labeled "Revised Illustration" and shall be signed and dated by the applicant or policy owner and agent or other authorized representative of the insurer no later than the time the policy is delivered. A copy shall be provided to the insurer and the policy owner.
Ins 2.17(8)(b) (b) If no illustration is used by an agent or other authorized representative in the sale of a life insurance policy or if the policy is applied for other than as illustrated, the agent or representative shall certify to that effect in writing on a form provided by the insurer. On the same form the applicant shall acknowledge that no illustration conforming to the policy applied for was provided and shall further acknowledge an understanding that an illustration conforming to the policy as issued will be provided no later than at the time of policy delivery. This form shall be submitted to the insurer at the time of policy application. If the policy is issued, a basic illustration conforming to the policy as issued shall be sent with the policy and signed no later than the time the policy is delivered. A copy shall be provided to the insurer and the policy owner.
Ins 2.17(8)(c) (c) If the basic illustration or revised illustration is sent to the applicant or policy owner by mail from the insurer, it shall include instructions for the applicant or policy owner to sign the duplicate copy of the numeric summary page of the illustration for the policy issued and return the signed copy to the insurer. The insurer's obligation under this subsection shall be satisfied if it can demonstrate that it has made a diligent effort to secure a signed copy of the numeric summary page. The requirement to make a diligent effort shall be deemed satisfied if the insurer includes in the mailing a self-addressed postage prepaid envelope with instructions for the return of the signed numeric summary page.
Ins 2.17(8)(d) (d) A copy of the basic illustration and a revised basic illustration, if any, signed as applicable, along with any certification that either no illustration was used or that the policy was applied for other than as illustrated, shall be retained by the insurer until 3 years after the policy is no longer in force. A copy need not be retained if no policy is issued.
Ins 2.17(9) (9) Annual report; notice to policy owners.
Ins 2.17(9)(a)(a) Except as provided in par. (b), in the case of a policy designated as one for which illustrations will be used, the insurer shall provide each policy owner with an annual report on the status of the policy that shall contain at least the following information:
Ins 2.17(9)(a)1. 1. For universal life policies, the report shall include the following:
Ins 2.17(9)(a)1.a. a. The beginning and end date of the current report period.
Ins 2.17(9)(a)1.b. b. The policy value at the end of the previous report period and at the end of the current report period.
Ins 2.17(9)(a)1.c. c. The total amounts that have been credited or debited to the policy value during the current report period, identifying each by type (e.g., interest, mortality, expense and riders).
Ins 2.17(9)(a)1.d. d. The current death benefit at the end of the current report period on each life covered by the policy.
Ins 2.17(9)(a)1.e. e. The net cash surrender value of the policy as of the end of the current report period.
Ins 2.17(9)(a)1.f. f. The amount of outstanding loans, if any, as of the end of the current report period.
Ins 2.17(9)(a)1.g. g. For fixed premium policies, in addition to the information described in subd. 1. a. through f. if, assuming guaranteed interest, mortality and expense loads and continued scheduled premium payments, the policy's net cash surrender value is such that it would not maintain insurance in force until the end of the next reporting period, a notice to this effect shall be included in the report.
Ins 2.17(9)(a)1.h. h. For flexible premium policies, in addition to the information described in subd. 1. a. through f. if, assuming guaranteed interest, mortality and expense loads, the policy's net cash surrender value will not maintain insurance in force until the end of the next reporting period unless further premium payments are made, a notice to this effect shall be included in the report.
Ins 2.17(9)(a)2. 2. For all other policies, where applicable:
Ins 2.17(9)(a)2.a. a. Current death benefit.
Ins 2.17(9)(a)2.b. b. Annual contract premium.
Ins 2.17(9)(a)2.c. c. Current cash surrender value.
Ins 2.17(9)(a)2.d. d. Current dividend.
Ins 2.17(9)(a)2.e. e. Application of current dividend.
Ins 2.17(9)(a)2.f. f. Amount of outstanding loan.
Ins 2.17(9)(b) (b) Insurers writing life insurance policies that do not build nonforfeiture values shall only be required to provide an annual report with respect to these policies for those years when a change has been made to nonguaranteed policy elements by the insurer.
Ins 2.17(9)(c) (c) If the annual report does not include an in force illustration, it shall contain the following notice displayed prominently: "IMPORTANT POLICY OWNER NOTICE: You should consider requesting more detailed information about your policy to understand how it may perform in the future. You should not consider replacement of your policy or make changes in your coverage without requesting a current illustration. You may annually request, without charge, such an illustration by calling [insurer's phone number], writing to [insurer's name] at [insurer's address] or contacting your agent. If you do not receive a current illustration of your policy within 30 days from your request, you should contact your state insurance department." The insurer may vary the sequential order of the methods for obtaining an in force illustration.
Ins 2.17(9)(d) (d) Within 25 calendar days of receipt of a request from the policy owner, the insurer shall furnish an in force illustration of current and future benefits and values based on the insurer's present illustrated scale. This illustration shall comply with the requirements of subs. (5) (a), (5) (b), (6) (a) and (6) (e). No signature or other acknowledgment of receipt of this illustration is required.
Ins 2.17(9)(e) (e) If an adverse change in non-guaranteed elements that could affect the policy has been made by the insurer since the last annual report, the annual report shall contain a notice of that fact and the nature of the change prominently displayed.
Ins 2.17(10) (10) Annual certifications.
Ins 2.17(10)(a) (a) The board of directors of each insurer shall appoint one or more illustration actuaries.
Ins 2.17(10)(b) (b) The illustration actuary shall certify that the disciplined current scale used in illustrations is in conformity with the actuarial standard of practice for compliance with the national association of insurance commissioners model regulation on life insurance illustrations promulgated by the actuarial standards board, and that the illustrated scales used in insurer-authorized illustrations meet the requirements of this section.
Ins 2.17(10)(c) (c) The illustration actuary shall:
Ins 2.17(10)(c)1. 1. Be a member in good standing of the American academy of actuaries.
Ins 2.17(10)(c)2. 2. Be familiar with the standard of practice regarding life insurance policy illustrations.
Ins 2.17(10)(c)3. 3. Not have been found by the commissioner, following appropriate notice and hearing to have done any of the following:
Ins 2.17(10)(c)3.a. a. Violated any provision of, or any obligation imposed by, the insurance law or other law in the course of the actuary's dealings as an illustration actuary.
Ins 2.17(10)(c)3.b. b. Been found guilty of fraudulent or dishonest practices.
Ins 2.17(10)(c)3.c. c. Demonstrated the actuary's incompetence, lack of cooperation, or untrustworthiness to act as an illustration actuary.
Ins 2.17(10)(c)3.d. d. Resigned or been removed as an illustration actuary within the past 5 years as a result of acts or omissions indicated in any adverse report on examination or as a result of a failure to adhere to generally acceptable actuarial standards.
Ins 2.17(10)(c)4. 4. Not fail within 30 calendar days to notify the commissioner of any action taken by a commissioner of another state similar to that under subd. 3.
Ins 2.17(10)(c)5. 5. Disclose in the annual certification whether, since the last certification, a currently payable scale applicable for business issued within the previous 5 years and within the scope of the certification has been reduced for reasons other than changes in the experience factors underlying the disciplined current scale. If nonguaranteed elements illustrated for new policies are not consistent with those illustrated for similar in force policies, this shall be disclosed in the annual certification. If nonguaranteed elements illustrated for both new and in force policies are not consistent with the non-guaranteed elements actually being paid, charged or credited to the same or similar forms, this shall be disclosed in the annual certification.
Ins 2.17(10)(c)6. 6. Disclose in the annual certification which of the following methods is used to allocate overhead expenses for all illustrations:
Ins 2.17(10)(c)6.a. a. Fully allocated expenses.
Ins 2.17(10)(c)6.b. b. Marginal expenses.
Ins 2.17(10)(c)6.c. c. A generally recognized expense table based on fully allocated expenses representing a significant portion of insurance companies and approved by the commissioner.
Ins 2.17(10)(d) (d) The illustration actuary shall file a certification with the board and with the commissioner annually for all policy forms for which illustrations are used and before a new policy form is illustrated. If an error in a previous certification is discovered, the illustration actuary shall notify the board of directors of the insurer and the commissioner within 30 calendar days of discovery.
Ins 2.17(10)(e) (e) If an illustration actuary is unable to certify the scale for any policy form illustration the insurer intends to use, the actuary shall notify the board of directors of the insurer and the commissioner of the actuary's inability to certify within 30 calendar days of that determination.
Ins 2.17(10)(f) (f) A responsible officer of the insurer, other than the illustration actuary, shall certify annually all of the following:
Ins 2.17(10)(f)1. 1. That the illustration formats meet the requirements of this section and that the scales used in insurer-authorized illustrations are those scales certified by the illustration actuary.
Ins 2.17(10)(f)2. 2. That the insurer has provided its agents with information about the expense allocation method used by the insurer in its illustrations and disclosed as required in par. (c) 6.
Ins 2.17(10)(g) (g) The annual certifications shall be provided to the commissioner each year by a date determined by the insurer.
/code/admin_code/ins/2 true administrativecode /code/admin_code/ins/2/17/6/e/1/c Office of the Commissioner of Insurance (Ins) administrativecode/Ins 2.17(6)(e)1.c. administrativecode/Ins 2.17(6)(e)1.c. section true


The newest AFC Urgent Care in Malden is classified as an urgent care center. We wanted to take a minute and explain how we are different from the ER.
Urgent Care centers help fill a gap between Primary Care Physicians and Hospital Emergency Rooms. In the ER, wait times can be high, especially if your ailment is not life threatening. Inversely, making a last minute appointment with your doctor can be next to impossible. If this happens to you, we can help. Walk in centers feature low wait times and extended hours. We accept most insurance policies and offer low costs for those without coverage. We have in house lab services and x-ray equipment to help with diagnostics. We can treat a variety of ailments including cuts, bruises, sprains, coughs, cold, and the flu.
If your ailment is not life threatening and you can't make an appointment with your doctors, visit AFC Urgent Care in Malden MA. We have a conveniently located office at 219 Centre St in Malden MA. Our offices can be accessible off the Orange Line at the Malden Center station. Call us today for more information at 781-322-7300.


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Welcome to 17 East Garden Dr! This ranch has beautiful hardwoods and windows that let in lots of natural light. The open flow from the living room to the kitchen with a sliding glass door leading to the backyard is perfect for entertaining guests. The home cook will love the ample cupboards and counter space in the eat-in kitchen. Relax in the three-season room or enjoy sunny afternoons in the large yard which is fully fenced-in for pets. You'll find extra storage in the shed and two car garage. There's plenty of room for all your hobbies in the full basement and the additional kitchen is a cook's dream. With a little love, the lower level offers a potential in-law or teen suite complete with a full bath with walk-in shower.
From 490 exit Lyell Ave west. South on Appian Dr, home will be on the right.
I am interested in 17 Garden Drive, Gates, NY 14606.