383-34 Reconsideration of determination. (a) In the absence of appeal and within ten days after mailing or delivery of notice of the original determination made pursuant to section 383-33 to the parties entitled thereto, the department of labor and industrial relations may, for good cause, on its own motion or upon application of any such party, reconsider such determination. Upon an application for reconsideration, the department shall promptly reconsider the determination or, on its own motion, transfer the application to the referee. Such transfer shall likewise be effected upon request of the party applying for reconsideration provided the request is made before the party's receipt of notice of the reconsidered determination. Upon transfer the application shall be deemed to constitute an appeal, as of the date of the application, from the original determination.

(b) At any time within one year from the date of a determination with respect to base-period wages paid to a claimant, the department on its own motion may reconsider the determination if it finds that an error in computation or identity has occurred in connection therewith, or that wages of the claimant pertinent to the determination but not considered in connection therewith have been newly discovered, or that benefits have been allowed or denied or the amount of benefits fixed on the basis of a nondisclosure or misrepresentation of a material fact. If the amount of benefits is increased upon such redetermination, an appeal therefrom solely with respect to the matters involved in the increase may be filed in the manner and subject to the limitations provided in section 383-38. If the amount of benefits is decreased upon such redetermination, the matters involved in the decrease shall be subject to review in connection with an appeal by the claimant from any determination upon a subsequent claim for benefits which may be affected in amount or duration by the redetermination.

(c) At any time within two years from the end of any week with respect to which a determination allowing or denying waiting-week credit or benefits has been made, the department on its own motion may reconsider such determination if it finds that the waiting-week credit or benefits were allowed or denied as a result of a nondisclosure or misrepresentation of a material fact.

(d) In any case in which the department is authorized by this section to reconsider any determination but the final decision in the case has been rendered by a referee or court, the department may petition the referee or court to issue a revised decision.

(e) At any time within one year from the end of any week with respect to which a determination allowing or denying waiting-week credit or benefit has been made, the department on its own motion may reconsider such determination if it finds that an overpayment, due to reasons other than fraud, has occurred. [L 1939, c 219, 6(c); am L 1941, c 304, 1, pt of subs 18; am L 1943, c 160, 1, subs 6; RL 1945, 4235; am L 1953, c 22, 1(4); am L 1955, c 51, 1(3); RL 1955, 93-33; am L 1959, c 232, 2; am L Sp 1959 2d, c 1, 27; HRS 383-34]

 

Rules of Court

 

Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(12).

 

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