reglab/housing_qa huggingface dataset:
HI Rev Stat § 383-98 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-98 Referee.

  §383-98 Referee. (a) In accordance with section 383-91(b), the director of labor and industrial relations shall appoint one or more referees.  (b) Subject to sections 383-125 and 383-126, each referee shall receive a salary as fixed by law, and shall also be paid such reasonable traveling and other expenses as may be incurred in the discharge of the referee's duties, such salary and expenses to be paid out of the employment security administration fund.  (c) Section 601-7 relating to disqualification of judges shall be equally applicable to each referee and any substitute referee.  (d) In accordance with section 383-91(b), the director may appoint one or more substitute referees to serve[:]  (1) During any temporary absence of a referee from the referee's duties;  (2) In the event a referee is disqualified to hear any appeal;  (3) In the event of vacancy in the office of referee; or  (4) If, for any reason, the director finds that the services of substitute referees are necessary for prompt and expeditious handling of appeals. Any substitute referee, while so serving, shall have all the powers and duties of a referee and shall receive compensation for the substitute referee's services at the daily rate provided at step G of the salary range of full-time referees under the classified service for each day's actual attendance upon the substitute referee's duties and shall also be paid such reasonable traveling and other expenses as may be incurred in the discharge of the substitute referee's duties, the compensation and expenses to be paid out of the employment security administration fund. Substitute referees shall not be entitled to longevity step increases. In case any appeal shall be referred to a substitute referee for hearing, the substitute referee shall retain jurisdiction of the appeal so referred to the substitute referee, notwithstanding that the regular referee may become available, unless the reference of the appeal to the substitute referee shall be revoked by the director. The final decisions of a referee and the principles of law declared by the referee in arriving at such decisions, unless expressly or impliedly overruled by a later decision of a court of competent jurisdiction or of a referee, shall be binding upon any substitute referee in proceedings which involve similar questions of law. [L 1941, c 304, §1, pt of subs 32; RL 1945, §4277; am L 1953, c 41, §1(11); RL 1955, §93-97; am L 1961, c 108, §1; am L 1963, c 174, §5; HRS §383-98; am L 1972, c 157, §1; am L 1976, c 126, §1; gen ch 1985] Revision Note  Pursuant to §23G-15, in:  (1) Subsection (c), section "601-7" substituted for "601-16"; and  (2) Subsection (d), (1) to (4) reformatted as paragraphs (1) to (4) and punctuation changed. Attorney General Opinions  The referee is not exempted from the civil service law under §76-16(8) and must be appointed pursuant thereto. Att. Gen. Op. 61-59.
HI Rev Stat § 383-99 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-99 Oaths and subpoenas.

  §383-99 Oaths and subpoenas. In the discharge of the duties, imposed by this chapter, the director of labor and industrial relations, any duly authorized representative of the director, the referee, and any substitute referee, shall have the same powers respecting the administration of oaths, compelling the attendance of witnesses, the production of documentary evidence, and examining or causing to be examined witnesses, as are possessed by a circuit court and may take depositions and certify to official acts. Upon application of any of them the circuit court of any circuit or any judge of such court shall have power to enforce by proper proceedings the attendance and testimony of any witness so subpoenaed. Subject to sections 383-125 and 383-126, subpoena and witness fees and mileage in such cases shall be the same as in criminal cases in the circuit courts and the necessary expenses of or in connection with any hearings or investigations shall be paid from the employment security administration fund. [L 1939, c 219, §10(h); am L 1941, c 304, §1, pt of subs 32; RL 1945, §4278; RL 1955, §93-98; am L Sp 1959 2d, c 1, §27; HRS §383-99; am L 1973, c 31, pt of §21] Cross References  Depositions, see chapter 624.  Oaths, subpoenas, see § §1-21, 603-21.9, 621-1, and 621-12. Rules of Court  Depositions, see HRCP, pt V.  Oaths, subpoenas, see HRCP rules 43(d), 45.
HI Rev Stat § 383-100 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-100 Protection against self-incrimination.

  §383-100 Protection against self-incrimination. No person shall be excused from attending or testifying or producing material, books, papers, correspondence, memoranda, and other records before the director of labor and industrial relations, any duly authorized representative of the director, the referee, or any substitute referee, or in obedience to the subpoena of any of them, in any cause or proceeding before them or any of them, on the grounds that the testimony and evidence, documentary or otherwise, required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the individual is compelled, after having claimed the individual's privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that the individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. [L 1939, c 219, §10(i); am L 1941, c 304, §1, pt of subs 32; RL 1945, §4279; RL 1955, §93-99; am L Sp 1959 2d, c 1, §27; HRS §383-100; gen ch 1985]
HI Rev Stat § 383-101 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-101 Relation to chapter 371.

  §383-101 Relation to chapter 371. The provisions of chapter 371 with respect to the adoption, amendment, repeal, and review of rules and regulations shall not apply with respect to rules and regulations under this chapter. [L 1941, c 304, §1, pt of subs 32; RL 1945, §4280; RL 1955, §93-100; HRS §383-101]
HI Rev Stat § 383-102 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-102 Preservation and destruction of records.

  §383-102 Preservation and destruction of records. (a) The department of labor and industrial relations may cause to be made such summaries, compilations, photographs, duplications, or reproductions of any records, reports, or transcripts thereof as it may deem advisable for the effective and economical preservation of the information contained therein, and such summaries, compilations, photographs, duplications, or reproductions, duly authenticated, shall be admissible in any proceeding under this chapter if the original record or records would have been admissible therein.  (b) The department may provide by regulation for the destruction or disposition, after reasonable periods, of any records, reports, transcripts, or reproductions thereof, or other papers in its custody, the preservation of which is no longer necessary for the establishment of contribution liability or benefit rights or for any purpose necessary to the proper administration of this chapter, including any required audit thereof. [L 1943, c 160, §1, subs 9; RL 1945, §4281; RL 1955, §93-101; am L Sp 1959 2d, c 1, §27; HRS §383-102]
HI Rev Stat § 383-103 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-103 Representation in civil and criminal actions.

  §383-103 Representation in civil and criminal actions. (a) In any civil action to enforce this chapter, the department of labor and industrial relations and the State may be represented by the attorney general or by any qualified attorney who is employed by the department for that purpose in conformity with section 28-8.3.  (b) All criminal actions for violations of this chapter, or of any rule or regulation issued pursuant thereto, shall be prosecuted by the attorney general or public prosecutor or county attorney of any county in which the employer has a place of business or the violator resides. [L 1939, c 219, §16; RL 1945, §4293; am L 1953, c 105, §5; RL 1955, §93-102; am L Sp 1959 2d, c 1, §27; HRS §383-103; am L 1979, c 61, §1; am L Sp 1993, c 8, §53; am L 2015, c 35, §37]
HI Rev Stat § 383-104 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-104 State employment service.

  §383-104 State employment service. The provisions of the Wagner-Peyser Act, as amended, are accepted by this State and the department of labor and industrial relations is designated and constituted the agency of this State for the purpose of the Act. The department shall establish and maintain free public employment offices in such number and in such places as may be necessary for the proper administration of this chapter and for the purposes of performing such functions as are within the purview of the Wagner-Peyser Act. For the purpose of establishing and maintaining free public employment offices and promoting the use of their facilities, the department may enter into agreements with the Railroad Retirement Board, or any other agency of the United States, or of this or any other state charged with the administration of any law whose purposes are reasonably related to the purposes of this chapter, and as a part of such agreements may accept moneys, services, or quarters as a contribution to the maintenance of the state system of public employment offices or as reimbursement for services performed. All moneys received for such purposes shall be deposited with the director of finance of the State and shall be expended subject to regulations of the federal government and subject to appropriation, budgeting, and accounting requirements of the State. [L 1939, c 219, §11; am L 1941, c 304, §1, subs 33; RL 1945, §4282; RL 1955, §93-103; am L 1957, c 205, §1(f); am L 1959, c 265, pt of §13; am L Sp 1959 2d, c 1, § §14, 27; am L 1963, c 114, §1; HRS §383-104]
HI Rev Stat § 383-105 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-105 Federal-state cooperation.

  §383-105 Federal-state cooperation. (a) In the administration of this chapter, the department of labor and industrial relations shall cooperate with the United States Department of Labor to the fullest extent consistent with this chapter, and shall take such action, through the adoption of appropriate rules, regulations, administrative methods, and standards, as may be necessary to secure to the State and its citizens all advantages available under the provisions of the Social Security Act, as amended, that relate to unemployment compensation, the federal Unemployment Tax Act, the Wagner-Peyser Act, as amended, and the Federal-State Extended Unemployment Compensation Act of 1970.  (b) In the administration of the provisions in sections 383-168 to 383-174 of this chapter, which are enacted to conform with the requirements of the Federal-State Extended Unemployment Compensation Act of 1970, the department of labor and industrial relations shall take such action as may be necessary[:]  (1) To ensure that the provisions are so interpreted and applied as to meet the requirements of such federal act as interpreted by the United States Department of Labor; and  (2) To secure to the State the full reimbursement of the federal share of extended benefits paid under this chapter that are reimbursable under the federal act. [L 1939, c 219, §10(j); am L 1941, c 304, §1, pt of subs 32; RL 1945, §4273; am L 1953, c 41, §1(3); RL 1955, §93-104; am L Sp 1959 2d, c 1, §27; HRS §383-105; am L 1971, c 187, §9] Revision Note  In subsection (b), (1) and (2) reformatted as paragraphs (1) and (2) and in subsection (b)(1), punctuation changed pursuant to §23G-15.
HI Rev Stat § 383-107 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-107 Reimbursement payments deemed benefits, when.

  §383-107 Reimbursement payments deemed benefits, when. Reimbursements paid from the fund pursuant to section 383-106(a)(3) shall be deemed to be benefits for the purpose of sections 383-21 to 383-24, 383-72, 383-76, and 383-121 to 383-124. The department of labor and industrial relations may make to other state or federal agencies and receive from such other state or federal agencies reimbursements from or to the fund, in accordance with arrangements entered into pursuant to section 383-106. [L 1941, c 304, §1, pt of subs 37; RL 1945, §4295; am L 1953, c 41, §1(1); RL 1955, §93-106; am L Sp 1959 2d, c 1, §27; HRS §383-107; am L 1969, c 3, §2; am L 1971, c 187, §11]
HI Rev Stat § 383-108 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-108 Cooperation with states, etc.

  §383-108 Cooperation with states, etc. (a) The administration of this chapter and of other state and federal unemployment compensation and public employment service laws will be promoted by cooperation between this State and such other states and the appropriate federal agencies in exchanging services, and making available facilities and information. The department of labor and industrial relations may therefore make such investigations, secure and transmit such information, make available such services and facilities, and exercise such of the other powers provided herein with respect to the administration of this chapter as it deems necessary or appropriate to facilitate the administration of any such unemployment compensation or public employment service law, and, in like manner, accept and utilize information, services, and facilities made available to this State by the agency charged with the administration of any such other unemployment compensation of public employment service law.  (b) The courts of this State shall recognize and enforce liabilities for unemployment contributions, interest, and penalties imposed by other states which extend a like comity to this State.  (c) The officials of any state which extend a like comity to this State may bring action in the courts of this State to collect unemployment contributions, interest, and penalties due the state. The certificate of the secretary of the state, or of the nearest equivalent official, that the officials are authorized to collect the contributions, penalties, and interest shall be conclusive evidence of the authority.  (d) The attorney general may commence action in any other state by and in the name of the department to collect contributions, interest, and penalties legally due this State.  (e) The attorney general may commence action in this State as agent for and on behalf of any other state which extends a like comity to this State to enforce judgments and liabilities for unemployment contributions, interest, and penalties due the state.  (f) If the agency which administers the employment security law of another state has overpaid unemployment benefits to an individual located in Hawaii and certifies to the department that the individual is liable under its law to repay the benefits and requests the department to recover the overpayment, the attorney general may commence action in the courts of this State to recover the overpayment as agent for and on behalf of the other state. The courts of this State shall entertain the action to collect the overpayment. [L 1941, c 304, §1, pt of subs 37; RL 1945, §4296; RL 1955, §93-107; am L Sp 1959 2d, c 1, §27; am L 1967, c 15, §1; HRS §383-108]
HI Rev Stat § 383-109 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-109 Cooperation with foreign governments.

  §383-109 Cooperation with foreign governments. To the extent permissible under the laws and Constitution of the United States, the department of labor and industrial relations may enter into or cooperate in arrangements whereby facilities and services provided under this chapter, and facilities and services provided under the unemployment compensation law of any foreign government, may be utilized for the taking of claims and the payment of benefits under the employment security law of this State or under a similar law of such government. [L 1941, c 304, §1, pt of subs 37; RL 1945, §4297; RL 1955, §93-108; am L Sp 1959 2d, c 1, §27; HRS §383-109]
HI Rev Stat § 383-110 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-110 Personnel security program; criminal history record checks.

  §383-110 Personnel security program; criminal history record checks. (a) The department shall establish a personnel security program that ensures a background investigation is completed at the appropriate level designated by the federal government for any individual who will have access to federal tax information, including a contractor and its employees or agents, if prior authority to access federal tax information has been provided by the United States Department of the Treasury. This program shall include criminal history record checks in accordance with section 846-2.7. Information obtained pursuant to this subsection shall be used exclusively by the department for the purpose of determining whether the person is suitable for accessing federal tax information in accordance with applicable federal laws.  (b) The department may terminate or deny employment to any employee or applicant, or terminate or refuse to secure the services of a contractor and its employees or agents authorized under subsection (a), if the department finds by reason of the background investigation conducted under subsection (a) that the employee, applicant, contractor, or contractor's employees or agents pose a risk to the security of federal tax information. Termination or denial of employment under this subsection shall only occur after appropriate notification to the employee, applicant, or contractor of the findings of the background investigation, and after the employee, applicant, or contractor is given an opportunity to meet and rebut the findings. Nothing in this subsection shall abrogate any applicable appeal rights under chapters 76 and 89, or administrative rules of the department.  (c) The department shall be exempt from section 831-3.1 and need not conduct investigations, notifications, or hearings under this section in accordance with chapter 91. [L 2017, c 132, §4]
HI Rev Stat § 383-121 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-121 Unemployment compensation trust fund; establishment and control.

  §383-121 Unemployment compensation trust fund; establishment and control. There is established in the treasury of the State as a trust fund, separate and apart from all public moneys or funds of the State, an unemployment compensation fund, which shall be administered by the department of labor and industrial relations exclusively for the purposes of this chapter. All contributions pursuant to this chapter shall be paid into the fund and all compensation and benefits payable pursuant to this chapter shall be paid from the fund. All moneys in the fund shall be mingled and undivided. The fund shall consist of:  (1) All contributions collected pursuant to this chapter;  (2) Interest earned on any moneys in the fund;  (3) Any property or securities acquired through the use of moneys belonging to the fund;  (4) All earnings of such property or securities;  (5) All moneys credited to this State's account in the unemployment trust fund pursuant to section 903 of the Social Security Act, as amended; and  (6) All other moneys received for the fund from any other source. [L 1939, c 219, §9(a); am L 1941, c 304, §1, subs 28; RL 1945, §4263; RL 1955, §93-120; am L 1957, c 145, §1(a); am L Sp 1959 2d, c 1, §27; HRS §383-121; am L 1987, c 119, §5; am L 2013, c 100, §4]
HI Rev Stat § 383-121.5 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-121.5 Renumbered as §383-127.

  §383-121.5 Renumbered as §383-127.
HI Rev Stat § 383-122 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-122 Accounts and deposit.

  §383-122 Accounts and deposit. The director of finance shall maintain within the fund three separate accounts:  (1) A clearing account;  (2) An unemployment trust fund account;  (3) A benefit account.  All moneys payable to the fund, upon receipt thereof by the director of finance, shall be immediately deposited in the clearing account. The director of finance of the State shall be the treasurer and custodian of the fund and shall administer the fund in accordance with directions of the department of labor and industrial relations.  All moneys in the clearing account after clearance thereof shall, except as herein otherwise provided, be deposited immediately with the Secretary of the Treasury of the United States to the credit of the account of this State in the unemployment trust fund, established and maintained pursuant to section 904 of the Social Security Act, as amended, any provisions of law in this State relating to the deposit, administration, release, or disbursement of moneys in the possession or custody of this State to the contrary notwithstanding. Refunds of contributions payable pursuant to section 383-76 and section [383-7(a)(6)] may be paid from the clearing account or the benefit account. The benefit account shall consist of all moneys requisitioned from the State's account in the unemployment trust fund in the United States treasury. Except as herein otherwise provided, moneys in the clearing and benefit accounts may be deposited in any depositary bank in which general funds of the State may be deposited, but no public deposit insurance charge or premium shall be paid out of the fund. Moneys in the clearing and benefit accounts shall not be commingled with other state funds, but shall be maintained in separate accounts on the books of the depositary bank. The money shall be secured by the depositary bank to the same extent and in the same manner as required by the general depositary law of this State; and collateral pledged for this purpose shall be kept separate and distinct from any collateral pledged to secure other funds of the State. The director of finance shall be liable on the director's official bond for the faithful performance of the director's duties in connection with the unemployment compensation fund provided for under this chapter. The liability on the official bond shall be effective immediately upon the enactment of this provision. All sums recovered on such surety bond for losses sustained by the unemployment compensation fund shall be deposited in the fund. [L 1939, c 219, §9(b); am L 1941, c 304, §1, subs 29; RL 1945, §4264; RL 1955, §93-121; am L Sp 1959 2d, c 1, § §14, 27; am L 1963, c 114, §1; HRS §383-122; gen ch 1985; am L 1987, c 119, §6]