383-33 Determinations, in general. (a) A determination upon a claim filed pursuant to section 383-32 shall be made promptly by a representative of the department of labor and industrial relations authorized to make determinations upon claims and shall include a statement as to whether and in what amount the individual is entitled to benefits for the week with respect to which the determination is made and, in the event of a denial, shall state the reasons therefor. A determination with respect to the first week of a benefit year shall also include a statement as to whether the individual has been paid the wages required under section 383-29(a)(5) and, if so, the first day of the benefit year, the individual's weekly benefit amount, and the maximum total amount of benefits payable to the individual with respect to such benefit year.

(b) If any employer fails to furnish the information necessary to determine whether and in what amount the individual is entitled to benefits in the manner and within the time specified by this chapter or regulations of the department, the department shall make a determination based upon such information as is available. Prior to October 1, 2013, in the absence of fraud, any redetermination made on the basis of information furnished by the employer after the prescribed period shall be effective only as to benefits paid after the week in which the information was received. In the absence of a showing by the employer satisfying the department that the employer could not reasonably comply with the department's requirement, any benefits overpaid prior to the effective date of the redetermination as a result of the employer's failure to furnish the information as required shall be charged entirely against the account of the noncomplying employer; provided that the overpaid benefits shall not, in any event, be recoverable from the individual. Any redetermination issued on or after October 1, 2013, on the basis of information furnished by the employer or the agent of the employer after the prescribed period shall be effective upon the date of the redetermination. The entire amount of benefits overpaid due to the employer's or agent of the employer's failure to respond timely or adequately to the agency's request for information as required shall be charged against the account of the noncomplying employer. [L 1939, c 219, 6(c); am L 1941, c 304, 1, pt of subs 18; RL 1945, 4234; am L 1955, c 51, 1(4); RL 1955, 93-32; am L Sp 1959 2d, c 1, 27; HRS 383-33; am L 1968, c 4, 2; am L 1971, c 187, 5; gen ch 1985; am L 2013, c 3, 2]

 

Case Notes

 

Applies where employer fails to submit a wage and separation report, not where employer submits erroneous information of claimant's earnings. 68 H. 349, 714 P.2d 520 (1986).

 

 

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