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 Statutory material to be repealed is bracketed and stricken.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:

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