HRS §392-71 Appeal tribunal
392-71. Appeal tribunal
Appeals shall be heard by an impartial referee for temporary disability benefits appeals who shall be appointed by the director and who shall serve as the appeal tribunal.
L 1969, c 148, pt of §1
Determinations
HRS div. 1, tit. 21, ch. 392, pt. V
in effectHRS §392-72 Appeals, filing, and hearing
392-72. Appeals, filing, and hearing
(a) If a person disputes the amount of benefits, paid under part III or part IV, or the denial of benefits, the claimant may file an appeal, in the form and manner prescribed by rule of the director, at the office of the department, within twenty days after the date of payment of such disputed benefits or the denial thereof. Notice of the appeal shall be served upon the employer or insurer or the trust fund for disability benefits in the form and manner prescribed by rule of the director. Notice of a hearing of an appeal shall be sent by electronic service or by first-class mail to the claimant and insurer or employer or trust fund for disability benefits at least fifteen calendar days prior to the hearing. If notice sent by electronic service or by first-class mail is attempted but not made, and the department has been unable to ascertain the address of the party after reasonable and diligent inquiry, the notice of hearing may be given to the party by online posting on the department's webpage. The online posting shall appear at least fifteen calendar days prior to the date of the hearing. The online posting shall be removed from the webpage no less than five business days after the date of the hearing.
(b) The appeal may be heard in any county, and
the parties may appear at the hearing in person, by telephone, or by other
communication devices approved by the department, or by a combination of the
preceding methods. The parties shall be provided with notice of the hearing
and shall be provided with the opportunity to object to the hearing being held
in a county other than the county in which the claimant resides or in which the
claimant was employed prior to the claimant's disability. Upon such objection,
the hearing shall be heard in the county in which the claimant resides or in
which the claimant was employed prior to the claimant's disability. Failure of
a party to object to the location of the hearing within the time specified in
the notice shall be deemed consent by the party to the location of the
hearing. The department may provide for the taking of depositions. Unless the
appeal is withdrawn with the permission of the referee, the referee after
affording the parties reasonable opportunity for a fair hearing shall make
findings and conclusions and on the basis thereof affirm, modify, or deny the
disputed benefits. In the event any party fails to appear at the hearing, the
referee shall issue a decision based on the available information. All parties
shall be promptly notified of the decision of the referee and shall be
furnished with a copy of the decision and the findings and conclusions in
support of the decision. The decision shall be final and shall be binding
unless a proceeding for judicial review is initiated pursuant to section
392-75; provided that within the time provided for taking an appeal and prior
to the filing of a notice of appeal, the referee may reopen the matter, upon
application of the director or any party, or upon the referee's own motion, and
thereupon may take further evidence or may modify the referee's decision,
findings, or conclusions. In the event the matter is reopened, the referee
shall render a further decision in the matter, either reaffirming or modifying
the referee's original decision, and notice shall be given thereof in the
manner hereinbefore provided. The time to initiate judicial review shall run
from the notice of such further decision if the matter has been reopened.
[L
1969, c 148, pt of §1; am L 1973, c 62, §1; gen ch 1985; am L 2013, c 100, §8;
am L 2018, c 162, §3]
HRS §392-73 Procedure
392-73. Procedure
The referee shall not be bound by common law or statutory rules of evidence or by technical rules of procedure, but any hearing or appeal before the same shall be conducted in such manner as to ascertain the substantial rights of the parties. No person shall participate on behalf of the director in any case in which that person has a direct or indirect interest. A record shall be kept of all testimony and proceedings in connection with an appeal, but the testimony need not be transcribed unless further review is initiated. Witnesses subpoenaed pursuant to this section shall be allowed fees at a rate fixed by the department and such fees shall be deemed part of the expenses of administering this chapter.
[L 1969, c 148, pt of §1]
HRS §392-74 Conclusiveness of determinations and decisions
392-74. Conclusiveness of determinations and decisions
Except insofar as reconsideration is had under section 392-79, any right, fact, or matter in issue, directly passed upon or necessarily involved in an appeal which has become final, shall be conclusive for all the purposes of this chapter.
[L 1969, c 148, pt of §1]
HRS §392-75 Judicial review
392-75. Judicial review
Any party or the director may obtain judicial review of the decision of the referee in the manner provided in chapter 91, by instituting proceedings in the circuit court of the circuit in which the claimant resides or in which the claimant was last employed. The proceedings shall be heard in a summary manner and shall be given precedence over all other civil cases except proceedings arising under the Employment Security Law and the Workers' Compensation Law of the State. Proceedings for review by the intermediate appellate court, subject to chapter 602, may be taken and had in the same manner as is provided for a review of a judgment of a circuit court. No bond shall be required as a condition of initiating a proceeding for judicial review or initiating proceedings for review by the intermediate appellate court. Upon the final termination of any judicial proceeding, the referee shall enter an order in accordance with the mandate of the court.
[L 1969, c 148, pt of §1; am L 1975, c 41, §1; am L 2004, c 202, §47; am L 2006, c 94, §1; am L 2010, c 109, §1]
HRS §392-76 Representation
392-76. Representation
In any proceeding for judicial review pursuant to section 392-75, the director may be represented by the attorney general or by any qualified attorney who is employed by the department for that purpose in conformity with section 28-8.3.
[L 1969, c 148, pt of §1; am L Sp 1993, c 8, §53; am L 2015, c 35, §38]
HRS §392-77 Payment of benefits
392-77. Payment of benefits
Benefits shall be paid promptly in accordance with the decision. If an application for reconsideration is duly made or if judicial review is duly filed, benefits with respect to weeks of disability not in dispute and benefits payable in any amount not in dispute shall be paid promptly regardless of any reconsideration or appeal.
[L 1969, c 148, pt of §1]
HRS §392-78 Recovery of benefits paid; individual's liability to repay benefits; insurer's appeal rights
392-78. Recovery of benefits paid; individual's liability to repay benefits; insurer's appeal rights
(a) Any person who has received any amount as benefits under this chapter to which the person was not entitled shall be liable for such amount unless the overpayment was received without fault on the part of the recipient and its recovery would be against equity and good conscience. Notice of a reconsideration under section 392-79 in such cases shall specify that the person is liable to repay the amount of overpaid benefits, the basis of the overpayment, and the week or weeks for which such benefits were paid.
(b) The person liable shall, in the discretion
of the referee, either repay such amount or have the amount deducted from any
future benefits payable under this chapter within two years after the date of
mailing of the notice of reconsideration or the final decision on an appeal
from such reconsideration.
(c) In any case in which under this section an
individual is liable to repay any amount, the amount shall be payable without
interest.
(d) In accordance with sections 392-71 and
392-72, an insurer, self-insured employer or the trust fund for disability
benefits shall have a right to appeal for the recovery of disability benefits
which were overpaid an employee. Subsections (a) through (c) shall be
applicable in the recovery of overpaid benefits.
[L 1969, c 148, pt of §1; am L
1981, c 14, §1; gen ch 1985; am L 2013, c 100, §8]
HRS §392-79 Reconsideration
392-79. Reconsideration
(a) At any time within one year from the date of a final decision with respect to wages upon which benefits are computed, the director on the director's own motion may reopen the decision if the director finds that wages of the claimant pertinent to the decision but not considered in connection therewith have been newly discovered or that benefits have been allowed or denied or the amount of benefits have been fixed on the basis of a nondisclosure or misrepresentation of a material fact.
(b) At any time within two years from the end
of any week with respect to which a final decision allowing or denying benefits
has been made, the director on the director's own motion may reopen the
decision if the director finds that the benefits were allowed or denied as a
result of nondisclosure or misrepresentation of a material fact.
(c) At any time within one year from the end
of any week with respect to which a final decision allowing or denying benefits
has been made, the director on the director's own motion may reopen the
decision if the director finds that an overpayment, due to reasons other than
fraud, has occurred.
(d) In any case in which the director is
authorized by this section to reopen any final decision rendered by a referee
or court, the director may petition the referee or court to issue a revised
decision.
[L 1969, c 148, pt of §1; gen ch 1985]
HRS §392-80 Appeal pending when reconsideration issued
392-80. Appeal pending when reconsideration issued
In the event that an appeal is pending as of the date a reconsideration thereof is issued, the appeal, unless withdrawn, shall be treated as an appeal from the reconsideration.
L 1969, c 148, pt of §1
HRS §392-81 Notice of reconsideration
392-81. Notice of reconsideration
Notice of a reconsideration upon a claim shall be promptly given to the parties by delivery thereof or by mailing the notice to the last known address of each party.
L 1969, c 148, pt of §1
HRS §392-86 Disputes between employers and employees relating to withholding of wages
392-86. Disputes between employers and employees relating to withholding of wages
In the case that there is a dispute between the employee and the employer relating to the withholding of wages as contributions for temporary disability benefits, either party may file with the director a petition for determination of the amount to be withheld.
The matter shall be determined by an officer of
the department. If either party is dissatisfied with the determination, the
party may petition for redetermination and thereupon the petition shall be
transferred to the referee.
[L 1969, c 148, pt of §1; gen ch 1985]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0392/HRS_0392-.htmFetched: 11/10/2026