Umemployment appeals; hearings

Allows employment security appeals hearings to be conducted by

a                                                     LBR-02(99)
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 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 9 withdrawn with the permission of the referee, the referee after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 determination or redetermination.
13 The department may by its rules provide for the taking of
14 depositions.  The parties to any appeal shall be promptly
15 notified of the decision of the referee and shall be furnished
16 with a copy of the decision and the findings and conclusions in
17 support thereof and the decisions shall be final and shall be
18 binding upon each party unless a proceeding for judicial review
19 is initiated by the party pursuant to section 383-41; provided
20 that within the time provided for taking an appeal and prior to

a                                                     LBR-02(99)
Page 2                                                     1148
                                     S.B. NO.           

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  Statutory material to be repealed is bracketed.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

a                                                     LBR-02(99)