Report Title:

Labor and Industrial Relations Appeals Board; Hearings Officer

Description:

Authorizes the Labor and Industrial Relations Appeals Board to appoint a hearings officer and set the hearings officer's duties and compensation, to expedite hearings on certain workers' compensation matters.  (HB3166 HD2)

HOUSE OF REPRESENTATIVES	H.B. NO.	3166
TWENTY-FOURTH LEGISLATURE, 2008		H.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD.

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

     SECTION 1.  The purpose of this Act is to authorize the labor and industrial relations appeals board to employ a hearings officer.  Enabling language regarding a hearings officer in this Act would allow the board to expedite hearings on issues concerning workers' compensation treatment plans, vocational rehabilitation, and temporary total disability.  The hearings officer would hear these issues and propose a decision and order for review and approval by the full board.  This would afford expedited resolution of time-sensitive matters appealed from decisions of the director of labor and industrial relations to the board.

     SECTION 2.  Section 371-4, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

     "(f)  The chairperson of the appeal board shall be responsible for the administrative functions of the appeal board.  The appeal board may:

     (1)  Appoint an executive officer and a hearings officer, and employ other employees as it deems necessary in the performance of its functions;

     (2)  Set the duties and compensation of the executive officer, the hearings officer, and employees; and

     (3)  Provide for the reimbursement of actual and necessary expenses incurred by the executive officer, the hearings officer, and employees in the performance of their duties, within the amounts made available by appropriations therefor.

     Members of the appeal board, the hearings officer, and employees other than clerical and stenographic employees shall be exempt from chapters 76 and 89.  Clerical and stenographic employees shall be employed in accordance with chapter 76."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2008.