Labor and industrial relations appeals board
HRS §371-4
in effect371-4. Labor and industrial relations appeals board
(a) There is created a labor and industrial relations appeals board composed of three members nominated and, by and with the advice and consent of the senate, appointed by the governor for terms of ten years each, except that the terms of members first appointed shall be for six, eight, and ten years respectively as designated by the governor at the time of appointments. The governor shall designate the chairperson of the board, who shall be an attorney at law licensed to practice in all of the courts of this State. Each member shall hold office until the member's successor is appointed and qualified. Because cumulative experience and continuity in office are essential to the proper handling of appeals under workers' compensation law and other labor laws, it is hereby declared to be in the public interest to continue board members in office as long as efficiency is demonstrated. The members shall devote full time to their duties as members of the board. Effective July 1, 2005, the chairperson of the board shall be paid a salary set at eighty-seven per cent of the salary of the director of labor and industrial relations, and the salary of each of the other members shall be ninety-five per cent of the chairperson's salary.
(b) The board shall have power to decide
appeals from decisions and orders of the director of labor and industrial
relations issued under the workers' compensation law and any other law for
which an appeal to the board is provided by law.
(c) For purposes of appeals to the board
conducted pursuant to chapter 91, notwithstanding section 91-9.5, all parties
shall be given written notice of hearing by first class mail at least fifteen
days before the hearing.
(d) Unless otherwise provided by law, if
service by first class mail is not made because the board or its agents have
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 board's webpage or by publication at least once in each of two successive
weeks in a newspaper of general circulation. The online posting or last
published notice shall appear at least fifteen 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.
(e) A decision concurred in by any two members
shall constitute a decision of the board.
(f) A vacancy in the board, if there remain
two members of it, shall not impair the authority of two members to act.
(g) If any member of the board is unable to
act because of absence, temporary disability, or disqualification, the governor
may make a temporary appointment and the appointee shall have all the powers
and duties of a regular member of the board.
(h) The chairperson of the appeal board shall
be responsible for the administrative functions of the appeal board. The
appeal board may:
(1) Appoint an executive officer and hearings
officer, and employ other employees as it deems necessary in the performance of
its functions;
(2) Set the duties and compensation of the executive
officer, hearings officer, and employees; and
(3) Provide for the reimbursement of actual and
necessary expenses incurred by the executive officer, hearings officer, and
employees in the performance of their duties, within the amounts made available
by appropriations therefor.
Members of the appeal board and employees other
than clerical and stenographic employees shall be exempt from chapters 76 and
89. Clerical and stenographic employees shall be employed in accordance with
chapter 76.
(i) The board shall be within the department
of labor and industrial relations for budgetary and administrative purposes
only.
(j) The board may adopt rules within its area
of responsibilities in accordance with chapter 91.
(k) The board may make or issue any order or
take other appropriate steps as may be necessary to enforce its rules and
orders and to carry into full effect the powers and duties given to it by law.
The board may after notice and reasonable opportunity to be heard by the board:
(1) Impose administrative sanctions; and
(2) Impose monetary sanctions of not more than $250
for each offense against any person who is found to have violated the board's
rules or orders, which amounts shall be deposited into the special compensation
fund created by section 386-151.
The board shall determine and direct the
appropriate notice and form for such opportunity to be heard.
[L 1939, c 237,
pt of §1(7); RL 1945, §4109; RL 1955, §88-10; am L Sp 1959 2d, c 1, §5; HRS
§371-4; am L 1969, c 244, §1a; am L 1975, c 5, §1, c 41, §1, and c 58, §18; am
L 1982, c 129, §15; gen ch 1985; am L 1986, c 128, §14; am L 1989, c 329, §12;
am L 1990, c 140, §7; gen ch 1993; am L 1994, c 92, §2; am L 2000, c 253, §150;
am L 2002, c 148, §41; am L 2005, c 226, §12; am L 2009, c 3, §2; am L 2012, c 261,
§1; am L 2013, c 14, §1; am L 2015, c 4, §1]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0371/HRS_0371-0004.htmFetched: 11/10/2026