REPORT TITLE:
Employment Security Appeals

DESCRIPTION:
Allows Employment Security Appeals Referee Officer to hold a
hearing by telephone. (HB1160 HD1)

 
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                                                        1160
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D.1
TWENTIETH LEGISLATURE, 1999                                
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 9 withdrawn with the permission of the referee, the referee after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 shall make findings and conclusions and on the basis thereof
 
12 affirm, modify, or reverse [such] the determination or
 
13 redetermination.  The department, by rule, may provide for the
 
14 taking of depositions.  The parties to any appeal shall be
 
15 promptly notified of the decision of the referee and shall be
 
16 furnished with a copy of the decision [and the], findings, and
 
17 conclusions in support thereof and the decisions shall be final
 
18 and shall be binding upon each party unless a proceeding for
 
19 judicial review is initiated by the party pursuant to section
 

 
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                                     H.B. NO.           H.D.1
                                                        
                                                        

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  Statutory material to be repealed is bracketed.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

 
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