Report Title:
Workers' Compensation Fraud
Description:
Requires petitioner to prove by a preponderance of the evidence that a fraud violation occurred.
HOUSE OF REPRESENTATIVES |
H.B. NO. |
884 |
TWENTY-SECOND LEGISLATURE, 2003 |
||
STATE OF HAWAII |
||
|
A BILL FOR AN ACT
RELATING TO WORKERS' COMPENSATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 386-98, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(f) With respect to the administrative penalties set forth in subsection (e), no penalty shall be imposed except upon consideration of a written complaint that specifically alleges a violation of this section occurring within two years of the date of [said] that complaint. A copy of the complaint specifying the alleged violation shall be served promptly upon the person charged. The petitioner shall have the burden to prove by a preponderance of the evidence that the violation occurred. In rendering its decision, the director or board may consider evidence of similar conduct from any other instances that demonstrate a pattern in finding any alleged violation. The director or board shall issue, where a penalty is ordered, a written decision stating all findings following a hearing held not fewer than twenty days after written notice to the person charged. Any person aggrieved by the decision may appeal the decision under sections 386-87 and 386-88."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2003.
INTRODUCED BY: |
_____________________________ |