reglab/housing_qa huggingface dataset:
HI Rev Stat § 392-66 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-66 Disability while unemployed.

  §392-66 Disability while unemployed. (a) An employee whose employment with a covered employer is terminated and who during a period of unemployment within twenty-six weeks immediately following such termination of employment becomes ineligible for benefits claimed under chapter 383 solely because of disability commencing on or after January 1, 1970, and who on the day the disability commences is not employed and is not then otherwise eligible for benefits under this chapter, shall be entitled to receive disability benefits as hereinafter provided for each week of such disability for which week the employee would have received unemployment insurance benefits if the employee were not so disabled.  (b) The weekly benefits payable to the disabled unemployed shall be the same as the benefits to which the individual would be entitled under chapter 383 except for the individual's disability; provided that in a case of a disabled unemployed who is performing some form of less than full-time work as referred to in the definition of unemployment in section 383-1 at the time the disability arises, the individual shall receive benefits which the individual would have been entitled to had the individual not been performing less than full-time work; provided further that benefits payable under this section shall not be payable for a period longer than twenty-six weeks from the time the above unemployed commences to receive unemployment benefits payable under chapter 383.  (c) The benefits payable under this section shall be paid by the director out of any assets in the fund created by section 392-61. The payments shall be made through employment offices, as this term is defined and used in chapter 383. The director may require an employee claiming benefits under this section to file proofs of disability and other proofs reasonably necessary for the director to make a determination of eligibility and benefit rights under this section. The director may establish reasonable procedures for determining pro rata benefits payable with respect to disability periods of less than one week. Any employee claiming benefits under this section whose claim is rejected in whole or in part by the director shall be entitled to request review and shall have all the rights with respect to disputed claims provided in this chapter. [L 1969, c 148, pt of §1; am L 1971, c 94, §1; gen ch 1985; am L 1986, c 162, §9 and c 339, §62]
HI Rev Stat § 392-67 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-67 Assessments for the trust fund for disability benefits.

  §392-67 Assessments for the trust fund for disability benefits. (a) Each employer shall, from July 1, 1969, to December 31, 1969, contribute to the establishment of the trust fund for disability benefits at the rate of .2 per cent of covered wages as defined in section 392-43. The employer shall pay such contributions to the director for a given month on or before the thirtieth day of the next succeeding month.  (b) When the balance of the trust fund for disability benefits falls below $500,000 as of December 31 of any year after 1969, a levy shall be assessed and collected in the next calendar year from insurers of employers insured under section 392-41 and from all other employers not insured under section 392-41.  Each year the director shall determine the amount of the levy to be paid by each insurer or employer and shall give notice of the levy to each such insurer or employer on or before May 1 of the year in which the levy is assessed. The amount of the levy shall be paid on or before June 30 following notification.  The amount of the levy against each insurer or employer shall be determined as the product of the wages paid by the employer multiplied by a factor which is the ratio of the amount by which the balance in the [trust fund for disability benefits] was less than $500,000 on the preceding December 31 to total covered wages paid by all employers. For the purposes of this paragraph, "covered wages" means wages paid by employers during the preceding calendar year but not including wages paid to any employee in excess of the limit contained in section 392-43(b). [L 1969, c 148, pt of §1; am L 2013, c 100, §8]
HI Rev Stat § 392-68 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-68 Failure to pay assessments.

  §392-68 Failure to pay assessments. If an employer or insurer fails to pay the assessment required by section 392-67(a) or section 392-67(b) within thirty days after the end of the month or quarter for which payment was due, the director shall levy a penalty of at least $250 but no more than ten per cent of the assessment due against the employer or insurer, unless the nonpayment is excused by the director after a showing by the employer or insurer that the payment of the assessment could not be made on the date prescribed therefor owing to conditions over which the employer or insurer had no control and the employer or insurer forthwith complies. [L 1971, c 109, §1(k); gen ch 1985; am L 2020, c 44, §13]
HI Rev Stat § 392-69 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-69 Request for wage and employment information

  §392-69 Request for wage and employment information. An employer to whom the department has sent a request for wage and employment information for an employee claiming benefits against the trust fund for disability benefits, shall complete and file such information within seven days from date the request was sent. If an employer fails to file such information in seven days, the director shall levy a penalty of $250 for each delinquent request, unless the failure to file such information is excused by the director after a showing by the employer that such filing could not be made on the prescribed date therefor owing to conditions over which the employer had no control. [L 1971, c 109, §1(1); gen ch 1985; am L 2013, c 100, §8; am L 2020, c 44, §14]
HI Rev Stat § 392-71 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-71 Appeal tribunal.

  §392-71 Appeal tribunal. Appeals shall be heard by an impartial referee for temporary disability benefits appeals who shall be appointed by the director and who shall serve as the appeal tribunal. [L 1969, c 148, pt of §1]
HI Rev Stat § 392-73 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-73 Procedure.

  §392-73 Procedure. The referee shall not be bound by common law or statutory rules of evidence or by technical rules of procedure, but any hearing or appeal before the same shall be conducted in such manner as to ascertain the substantial rights of the parties. No person shall participate on behalf of the director in any case in which that person has a direct or indirect interest. A record shall be kept of all testimony and proceedings in connection with an appeal, but the testimony need not be transcribed unless further review is initiated. Witnesses subpoenaed pursuant to this section shall be allowed fees at a rate fixed by the department and such fees shall be deemed part of the expenses of administering this chapter. [L 1969, c 148, pt of §1]
HI Rev Stat § 392-74 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-74 Conclusiveness of determinations and decisions.

  §392-74 Conclusiveness of determinations and decisions. Except insofar as reconsideration is had under section 392-79, any right, fact, or matter in issue, directly passed upon or necessarily involved in an appeal which has become final, shall be conclusive for all the purposes of this chapter. [L 1969, c 148, pt of §1]
HI Rev Stat § 392-75 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-75 Judicial review.

  §392-75 Judicial review. Any party or the director may obtain judicial review of the decision of the referee in the manner provided in chapter 91, by instituting proceedings in the circuit court of the circuit in which the claimant resides or in which the claimant was last employed. The proceedings shall be heard in a summary manner and shall be given precedence over all other civil cases except proceedings arising under the Employment Security Law and the Workers' Compensation Law of the State. Proceedings for review by the intermediate appellate court, subject to chapter 602, may be taken and had in the same manner as is provided for a review of a judgment of a circuit court. No bond shall be required as a condition of initiating a proceeding for judicial review or initiating proceedings for review by the intermediate appellate court. Upon the final termination of any judicial proceeding, the referee shall enter an order in accordance with the mandate of the court. [L 1969, c 148, pt of §1; am L 1975, c 41, §1; am L 2004, c 202, §47; am L 2006, c 94, §1; am L 2010, c 109, §1]
HI Rev Stat § 392-76 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-76 Representation.

  §392-76 Representation. In any proceeding for judicial review pursuant to section 392-75, the director 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. [L 1969, c 148, pt of §1; am L Sp 1993, c 8, §53; am L 2015, c 35, §38]
HI Rev Stat § 392-77 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-77 Payment of benefits.

  §392-77 Payment of benefits. Benefits shall be paid promptly in accordance with the decision. If an application for reconsideration is duly made or if judicial review is duly filed, benefits with respect to weeks of disability not in dispute and benefits payable in any amount not in dispute shall be paid promptly regardless of any reconsideration or appeal. [L 1969, c 148, pt of §1]
HI Rev Stat § 392-78 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-78 Recovery of benefits paid; individual's liability to repay benefits; insurer's appeal rights.

  §392-78 Recovery of benefits paid; individual's liability to repay benefits; insurer's appeal rights. (a) Any person who has received any amount as benefits under this chapter to which the person was not entitled shall be liable for such amount unless the overpayment was received without fault on the part of the recipient and its recovery would be against equity and good conscience. Notice of a reconsideration under section 392-79 in such cases shall specify that the person is liable to repay the amount of overpaid benefits, the basis of the overpayment, and the week or weeks for which such benefits were paid.  (b) The person liable shall, in the discretion of the referee, either repay such amount or have the amount deducted from any future benefits payable under this chapter within two years after the date of mailing of the notice of reconsideration or the final decision on an appeal from such reconsideration.  (c) In any case in which under this section an individual is liable to repay any amount, the amount shall be payable without interest.  (d) In accordance with sections 392-71 and 392-72, an insurer, self-insured employer or the trust fund for disability benefits shall have a right to appeal for the recovery of disability benefits which were overpaid an employee. Subsections (a) through (c) shall be applicable in the recovery of overpaid benefits. [L 1969, c 148, pt of §1; am L 1981, c 14, §1; gen ch 1985; am L 2013, c 100, §8]
HI Rev Stat § 392-79 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-79 Reconsideration.

  §392-79 Reconsideration. (a) At any time within one year from the date of a final decision with respect to wages upon which benefits are computed, the director on the director's own motion may reopen the decision if the director finds that wages of the claimant pertinent to the decision but not considered in connection therewith have been newly discovered or that benefits have been allowed or denied or the amount of benefits have been fixed on the basis of a nondisclosure or misrepresentation of a material fact.  (b) At any time within two years from the end of any week with respect to which a final decision allowing or denying benefits has been made, the director on the director's own motion may reopen the decision if the director finds that the benefits were allowed or denied as a result of nondisclosure or misrepresentation of a material fact.  (c) At any time within one year from the end of any week with respect to which a final decision allowing or denying benefits has been made, the director on the director's own motion may reopen the decision if the director finds that an overpayment, due to reasons other than fraud, has occurred.  (d) In any case in which the director is authorized by this section to reopen any final decision rendered by a referee or court, the director may petition the referee or court to issue a revised decision. [L 1969, c 148, pt of §1; gen ch 1985] Rules of Court  Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(12).
HI Rev Stat § 392-80 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-80 Appeal pending when reconsideration issued.

  §392-80 Appeal pending when reconsideration issued. In the event that an appeal is pending as of the date a reconsideration thereof is issued, the appeal, unless withdrawn, shall be treated as an appeal from the reconsideration. [L 1969, c 148, pt of §1] Rules of Court  Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(12).
HI Rev Stat § 392-81 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-81 Notice of reconsideration.

  §392-81 Notice of reconsideration. Notice of a reconsideration upon a claim shall be promptly given to the parties by delivery thereof or by mailing the notice to the last known address of each party. [L 1969, c 148, pt of §1]
HI Rev Stat § 392-86 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-86 Disputes between employers and employees relating to withholding of wages.

  §392-86 Disputes between employers and employees relating to withholding of wages. In the case that there is a dispute between the employee and the employer relating to the withholding of wages as contributions for temporary disability benefits, either party may file with the director a petition for determination of the amount to be withheld.  The matter shall be determined by an officer of the department. If either party is dissatisfied with the determination, the party may petition for redetermination and thereupon the petition shall be transferred to the referee. [L 1969, c 148, pt of §1; gen ch 1985]
HI Rev Stat § 392-91 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-91 Enforcement by the director.

  §392-91 Enforcement by the director. The director shall enforce the provisions of this chapter. The director may appoint such assistants and such clerical, stenographic and other help as may be necessary for the proper enforcement of this chapter subject to any civil service act relating to state employees. The salaries of all the foregoing appointees and employees shall be as fixed by law.  The director may adopt, amend, or repeal such rules and regulations as the director deems necessary or suitable for the proper enforcement of this chapter. [L 1969, c 148, pt of §1; gen ch 1985] Cross References  Civil service law, see chapter 76.  Classification law, see §76-13.5.  Rulemaking, see chapter 91.
HI Rev Stat § 392-92 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-92 Penalties.

  §392-92 Penalties. (a) Any person who, after twenty-one days written notice and the opportunity to be heard by the director, is found to have violated any provision of this chapter or rule adopted thereunder for which no penalty is otherwise provided, shall be fined no more than $500 for each offense.  (b) All fines collected pursuant to this chapter shall be deposited into the trust fund for disability benefits created by section 392-61. [L 1991, c 107, §2; am L 2013, c 100, §8; am L 2020, c 44, §15]
HI Rev Stat § 392-101 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|392. Temporary Disability Insurance|392-101 Limitation of fees.

  §392-101 Limitation of fees. Any individual claiming benefits in any proceeding before the department or the referee may be represented by counsel or other duly authorized agent; but no such counsel or agent shall either charge or receive for such services more than an amount approved by the department or referee, and such amount shall in no case exceed ten per cent of the total amount of benefits received as a result of such proceeding. Any person who violates this section shall, for each such offense, be fined no less than $325 nor more than $3,250, or imprisoned no more than six months, or both. [L 1971, c 109, §1(m); am L 2020, c 44, §16] Cross References  Classification of offense and authorized punishment, see § §701-107, 706-640, and 706-663.
HI Rev Stat § 393-1 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|393. Prepaid Health Care Act|393-1 Short title.

  §393-1 Short title. This chapter shall be known as the "Hawaii Prepaid Health Care Act". [L 1974, c 210, pt of §1] Cross References  Congressional exemption from preemption, see P.L. No. 97-473, §301 (29 U.S.C. §1144(b)(5)). Case Notes  Federal Employee Retirement Income Security Act of 1974 preempts Hawaii Prepaid Health Care Act. 442 F. Supp. 695 (1977), aff'd, 633 F.2d 760 (1980); aff'd, 454 U.S. 801 (1981).
HI Rev Stat § 393-2 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|393. Prepaid Health Care Act|393-2 Findings and purpose.

  §393-2 Findings and purpose. The cost of medical care in case of sudden need may consume all or an excessive part of a person's resources. Prepaid health care plans offer a certain measure of protection against such emergencies. It is the purpose of this chapter in view of the spiraling cost of comprehensive medical care to provide this type of protection for the employees in this State. Although a large segment of the labor force in the State already enjoys coverage of this type either by virtue of collective bargaining agreements, employer-sponsored plans, or individual initiative, there is a need to extend that protection to workers who at present do not possess any or possess only inadequate prepayment coverage.  This chapter shall not be construed to diminish any protection already provided pursuant to collective bargaining agreements or employer-sponsored plans that is more favorable to the employees benefited thereby than the protection provided by this chapter or at least equivalent thereto, provided that presently existing collective bargaining agreements shall not be affected by the provisions of this section. [L 1974, c 210, pt of §1; am L 1978, c 199, §1]
HI Rev Stat § 393-4 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|393. Prepaid Health Care Act|393-4 Place of performance.

  §393-4 Place of performance. "Employment" includes an individual's entire service, performed within or both within and without this State if:  (1) The service is localized in this State; or  (2) The service is not localized in any state but some of the service is performed in this State and[:]  (A) The individual's base of operation, or, if there is no base of operation, the place from which such service is directed or controlled, is in the State; or  (B) The individual's base of operation or place from which the service is directed or controlled is not in any state in which some part of the service is performed but the individual's residence is in this State. [L 1974, c 210, pt of §1]
HI Rev Stat § 393-6 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|393. Prepaid Health Care Act|393-6 Principal and secondary employer defined; coercion, interference, etc. prohibited.

  §393-6 Principal and secondary employer defined; coercion, interference, etc. prohibited. If an individual is concurrently a regular employee of two or more employers as defined in this chapter, the principal employer shall be the employer who pays the individual the most wages; provided that if one of the employers, who does not pay the most wages, employs the regular employee for at least thirty-five hours per week, the employee shall determine which of the employers shall be the employee's principal employer. The employee's other employers are secondary employers. An employer so designated as the principal employer shall remain as such principal employer for one year or until change of employment, whichever is earlier.  If an individual is concurrently a regular employee of a public entity which is not an employer as defined in section 393-3 and of an employer as defined in section 393-3 the latter shall be deemed to be a secondary employer.  An employer who, directly or indirectly, interferes with or coerces or attempts to coerce an employee in making a determination under this section shall be subject to the penalty provided under subsection 393-33(b). [L 1974, c 210, pt of §1; am L 1975, c 51, §1; gen ch 1985]
HI Rev Stat § 393-11 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|393. Prepaid Health Care Act|393-11 Coverage of regular employees by group prepaid health care plan.

  §393-11 Coverage of regular employees by group prepaid health care plan. Every employer who pays to a regular employee monthly wages in an amount of at least 86.67 times the minimum hourly wage, specified in chapter 387, as rounded off by regulation of the director, shall provide coverage of such employee by a prepaid group health care plan qualifying under section 393-7 with a prepaid health care plan contractor in accordance with the provisions of this chapter. [L 1974, c 210, pt of §1]
HI Rev Stat § 393-12 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|393. Prepaid Health Care Act|393-12 Choice of plan type and of contractor.

  §393-12 Choice of plan type and of contractor. (a) Every employer required to provide coverage for the employer's employees by a prepaid group health care plan under this chapter shall elect whether coverage shall be provided by:  (1) A plan which obligates the prepaid health care plan contractor to furnish the required health care benefits; or  (2) A plan which obligates the prepaid health care plan contractor to defray or reimburse the expenses of health care. The employer's election is binding for one year.  (b) Whether the employer elects a plan type described in subsection (a)(1) or in subsection (a)(2), the employer may elect the particular contractor but the employee shall not be obligated to contribute a greater amount to the premium than the employee would have to contribute had the employer elected coverage with the contractor providing the prevailing coverage of the respective type in the State.  Subject to the provision of section 393-20, the employer shall provide coverage with the prepaid health care plan contractor selected pursuant to this subsection for all the employer's employees in the State electing this type of coverage who are covered by the provisions of this chapter, except for employees covered by the health care provisions of an applicable collective bargaining agreement as provided in section 393-19(b) first sentence. [L 1974, c 210, pt of §1; gen ch 1985]