REPORT TITLE:
Employment Security Appeals

DESCRIPTION:
Allows Employment Security Appeals Referee Officer to hold a
hearing by telephone. (SD1)

 
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                                                        1160
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D.1
TWENTIETH LEGISLATURE, 1999                                S.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO EMPLOYMENT SECURITY APPEALS. 



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 383-38, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (b) to read as follows:
 
 3      "(b)  [The appeal under subsection (a) shall be heard in the
 
 4 county in which the appeal is filed, except that the department
 
 5 may by its rules provide for the holding of a hearing in another
 
 6 county with the consent of all parties or where necessary in
 
 7 order that a fair and impartial hearing may be had, and may
 
 8 provide for the taking of depositions.]  Unless the appeal is
 
 9 withdrawn with the permission of the referee, the referee after
 
10 affording the parties reasonable opportunity for a fair hearing
 
11 either in person, by telephone, or by other suitable
 
12 communication device or technology, shall make findings and
 
13 conclusions and on the basis thereof affirm, modify, or reverse
 
14 [such] the determination or redetermination.  The department by
 
15 its rules may provide for the taking of depositions.  The parties
 
16 to any appeal shall be promptly notified of the decision of the
 
17 referee and shall be furnished with a copy of the decision [and
 
18 the], findings, and conclusions in support thereof and the
 
19 decisions shall be final and shall be binding upon each party
 

 
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                                     H.B. NO.           H.D.1
                                                        S.D. 1
                                                        

 
 1 unless a proceeding for judicial review is initiated by the party
 
 2 pursuant to section 383-41; provided that within the time
 
 3 provided for taking an appeal and prior to the filing of a notice
 
 4 of appeal, the referee may reopen the matter, upon the
 
 5 application of the director or any other party, or upon the
 
 6 referee's own motion, and thereupon may take further evidence or
 
 7 may modify or reverse the referee's decision, findings, or
 
 8 conclusions.  If the matter is reopened, the referee shall render
 
 9 a further decision in the matter either reaffirming [or],
 
10 modifying, or reversing the referee's original decision, and
 
11 notice shall be given thereof in the manner hereinbefore
 
12 provided.  Upon reopening, the referee who heard the original
 
13 appeal shall reconsider the matter, except where the referee is
 
14 no longer employed as a referee or the referee disqualifies
 
15 oneself from reconsidering the referee's decision."
 
16      SECTION 2.  Statutory material to be repealed is bracketed.
 
17 New statutory material is underscored.
 
18      SECTION 3.  This Act shall take effect upon its approval. 
 

 
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