reglab/housing_qa huggingface dataset:
HI Rev Stat § 383-29.6 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-29.6 Partial unemployment; eligibility.

  §383-29.6 Partial unemployment; eligibility. A new claim or an initial additional claim for partial unemployment benefits may be filed as the department prescribes for any week only if the individual:  (1) Is a full-time worker;  (2) Is attached to a regular employer, as defined in section 383-1;  (3) Worked less than or did not work the individual's normal, customary full-time hours, as defined in section 383-1, for that week;  (4) Had no earnings or earned less than the individual's weekly benefit amount for that week; and  (5) Was unemployed due to a lack of full-time work, as defined in section 383-1, for that week. [L 2009, c 170, pt of §2, §7; am L 2010, c 76, §3; am L 2011, c 165, §5]
HI Rev Stat § 383-29.7 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-29.7 Partial unemployment; claim filing requirements, determinations.

  §383-29.7 Partial unemployment; claim filing requirements, determinations. (a) Claims for partial unemployment shall be filed according to section 383-32.  (b) Continued claim certifications for partial unemployment benefits shall be filed in the same manner and extent that apply to total or part-total unemployment benefits. [L 2009, c 170, pt of §2, §7; am L 2010, c 76, §3; am L 2011, c 165, § §3, 5; am L 2021, c 1, §2]
HI Rev Stat § 383-29.8 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-29.8 Partial unemployment; waivers.

  §383-29.8 Partial unemployment; waivers. (a) The registration for work requirements under section 383-29(a) shall be waived for individuals who are partially unemployed, as defined in section 383-1.  (b) An individual shall be exempted from the work search requirements as determined by rules of the department, or be subject to modified work search requirements as authorized by the department if the individual is waived from the registration for work requirements, as defined in section 383-1. [L 2009, c 170, pt of §2, §7; am L 2010, c 76, §3; am L 2011, c 165, § §4, 5]
HI Rev Stat § 383-29.9 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-29.9 Partial unemployment; reporting requirements.

  §383-29.9 Partial unemployment; reporting requirements. (a) An employer to whom a claimant for partial unemployment is still attached shall submit verification of earnings and satisfy all low earnings reporting requirements in subsection (b) and rules of the department for each week that the claimant certifies for partial unemployment benefits.  (b) Low earnings reports shall be submitted as follows:  (1) Whenever, during any weekly pay period in an individual's benefit year, an individual has worked less than full-time hours for the regular employer to which the individual is attached, and the individual's earnings are less than the individual's current weekly benefit amount, the individual's employer, upon request by the department shall:  (A) Enter the individual's name, social security account number, gross earnings, week-ending date, and the reasons for the individual's reduced workweek on a form provided or approved by the department and return the form to the unemployment insurance office as instructed within five working days after the notice of an individual's benefit amount has been mailed to the employer as to all prior weeks for which benefits are claimed. Thereafter, during the benefit year, the employer shall report within five working days after the end of each week or weekly pay period for which the low earnings reports are required; or  (B) Furnish the individual personally with the information on a form provided or approved by the department and the individual shall be responsible to submit the report to the unemployment insurance office within five working days after the end of each week or weekly pay period or as instructed by the department.  (2) If the employer or individual fails to submit the low earnings report as prescribed in paragraph (1)(A) or (B) within the time specified by the department, the department shall determine the individual's eligibility for any week's benefits claimed based on the individual's certification of employment and earnings. [L 2009, c 170, pt of §2, §7; am L 2010, c 76, §3; am L 2011, c 165, §5]
HI Rev Stat § 383-31 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-31 Posting of information.

  §383-31 Posting of information. Each employer shall post and maintain in places readily accessible to individuals in the employer's employ printed statements concerning benefit rights, claims for benefits, and such other matters relating to the administration of this chapter as the department of labor and industrial relations may by regulation prescribe. Each employer shall supply to such individuals copies of such printed statements or other materials relating to claims for benefits when and as the department may by regulation prescribe. Such printed statements and other materials shall be supplied by the department to each employer without cost to the employer. [L 1939, c 219, §6(a); am L 1941, c 304, §1, pt of subs 18; RL 1945, §4232; RL 1955, §93-30; am L Sp 1959 2d, c 1, §27; HRS §383-31; gen ch 1985]
HI Rev Stat § 383-32 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-32 Filing of claim.

  §383-32 Filing of claim. Claims for benefits shall be made in accordance with such regulations as the department of labor and industrial relations may prescribe. [L 1939, c 219, §6(b); am L 1941, c 304, §1, pt of subs 18; RL 1945, §4233; RL 1955, §93-31; am L Sp 1959 2d, c 1, §27; HRS §383-32] Case Notes  Department is under no duty to maximize amount of benefits that applicant is entitled to by alerting applicant to possible alternatives. 55 H. 250, 517 P.2d 773 (1973).
HI Rev Stat § 383-33 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-33 Determinations, in general.

 §383-33 Determinations, in general.  (a) A determination upon a claim filed pursuant to section 383-32 shall be made promptly by a representative of the department of labor and industrial relations authorized to make determinations upon claims and shall include a statement as to whether and in what amount the individual is entitled to benefits for the week with respect to which the determination is made and, in the event of a denial, shall state the reasons therefor. A determination with respect to the first week of a benefit year shall also include a statement as to whether the individual has been paid the wages required under section 383-29(a)(5) and, if so, the first day of the benefit year, the individual's weekly benefit amount, and the maximum total amount of benefits payable to the individual with respect to such benefit year.  (b) If any employer fails to furnish the information necessary to determine whether and in what amount the individual is entitled to benefits in the manner and within the time specified by this chapter or regulations of the department, the department shall make a determination based upon such information as is available. Prior to October 1, 2013, in the absence of fraud, any redetermination made on the basis of information furnished by the employer after the prescribed period shall be effective only as to benefits paid after the week in which the information was received. In the absence of a showing by the employer satisfying the department that the employer could not reasonably comply with the department's requirement, any benefits overpaid prior to the effective date of the redetermination as a result of the employer's failure to furnish the information as required shall be charged entirely against the account of the noncomplying employer; provided that the overpaid benefits shall not, in any event, be recoverable from the individual. Any redetermination issued on or after October 1, 2013, on the basis of information furnished by the employer or the agent of the employer after the prescribed period shall be effective upon the date of the redetermination. The entire amount of benefits overpaid due to the employer's or agent of the employer's failure to respond timely or adequately to the agency's request for information as required shall be charged against the account of the noncomplying employer. [L 1939, c 219, §6(c); am L 1941, c 304, §1, pt of subs 18; RL 1945, §4234; am L 1955, c 51, §1(4); RL 1955, §93-32; am L Sp 1959 2d, c 1, §27; HRS §383-33; am L 1968, c 4, §2; am L 1971, c 187, §5; gen ch 1985; am L 2013, c 3, §2] Case Notes  Applies where employer fails to submit a wage and separation report, not where employer submits erroneous information of claimant's earnings. 68 H. 349, 714 P.2d 520 (1986).
HI Rev Stat § 383-35 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-35 Appeal pending when redetermination issued.

  §383-35 Appeal pending when redetermination issued. In the event that an appeal involving a determination or a prior redetermination is pending as of the date a redetermination thereof is issued, the appeal, unless withdrawn, shall be treated as an appeal from such redetermination. [L 1941, c 304, §1, pt of subs 18; RL 1945, §4236; RL 1955, §93-34; HRS §383-35] Rules of Court  Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(12).
HI Rev Stat § 383-36 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-36 Notice of determinations.

  §383-36 Notice of determinations. Notice of a determination or redetermination upon a claim shall be promptly given to the claimant, by delivery thereof or by mailing the notice to the claimant's last known address. In addition, notice of a determination or redetermination with respect to the first week of a benefit year shall be given to each employer by whom the claimant was employed during the claimant's base period, and to the last employing unit by whom the claimant was employed, and notice of any determination or redetermination which involves the application of section 383-30 shall be given to the last employing unit by whom the claimant was employed, in every case by delivery thereof to such party or by mailing the notice to the party's last known address. [L 1941, c 304, §1, pt of subs 18; RL 1945, §4237; am L 1953, c 22, §1(5); RL 1955, §93-35; HRS §383-36; gen ch 1985]
HI Rev Stat § 383-37 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-37 Appeal tribunal.

  §383-37 Appeal tribunal. Appeals from determinations and redeterminations with respect to benefits shall be heard by an impartial referee for unemployment compensation appeals, who shall serve as the appeal tribunal. The referee shall be appointed as provided by section 383-98. [L 1941, c 304, §1, pt of subs 18; RL 1945, §4238; RL 1955, §93-36; HRS §383-37]
HI Rev Stat § 383-39 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-39 Procedure.

  §383-39 Procedure. The representatives of the department of labor and industrial relations authorized to make determinations upon claims and 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. The director of labor and industrial relations shall adopt reasonable regulations governing the manner of filing appeals and the conduct of hearings and appeals, consistent with this chapter and chapter 91. When the same or substantially similar evidence is relevant and material to the matters in issue in claims by more than one individual or in claims by a single individual with respect to two or more weeks of unemployment, the same time and place for considering each such claim may be fixed, hearings thereon jointly conducted, a single record of the proceedings made, and evidence introduced with respect to one proceeding considered as introduced in the others; provided that in the judgment of the representative or referee having jurisdiction of the proceeding, such consolidation would not be prejudicial to any party. No person shall participate on behalf of the department in any case in which the 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 fees of witnesses subpoenaed on behalf of the department or any claimant shall be deemed part of the expense of administering the chapter. [L 1939, c 219, §6(d), (f); am L 1941, c 304, §1, pt of subs 18; RL 1945, §4240; RL 1955, §93-38; am L Sp 1959 2d, c 1, §27; am L 1965, c 96, §70; HRS §383-39; gen ch 1985]
HI Rev Stat § 383-40 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-40 Conclusiveness of determinations and decisions.

  §383-40 Conclusiveness of determinations and decisions. Except insofar as reconsideration of any determination or redetermination is had under sections 383-33 to 383-36, any right, fact, or matter in issue, directly passed upon or necessarily involved in a determination or redetermination which has become final, or in a decision on appeal under sections 383-37 to 383-42 which has become final, shall be conclusive for all the purposes of this chapter as between the department of labor and industrial relations, the claimant, and all employing units who had notice of such determination, redetermination, or decisions. [L 1941, c 304, §1, pt of subs 18; RL 1945, §4241; RL 1955, §93-39; am L Sp 1959 2d, c 1, §27; HRS §383-40]
HI Rev Stat § 383-41 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-41 Judicial review.

  §383-41 Judicial review. The director of labor and industrial relations or any party to the proceedings before the referee 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. In any such court proceedings, every other party to the proceeding before the referee shall be made a party respondent. The director shall be deemed to be a party to any such proceeding. The proceedings shall be heard in a summary manner and shall be given precedence over all other civil cases except proceedings arising under the workers' compensation law of the State. Proceedings for review by the intermediate appellate court 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 1939, c 219, §6(i); am L 1941, c 304, §1, pt of subs 18; RL 1945, §4242; RL 1955, §93-40; am L 1965, c 96, §71; HRS §383-41; am L 1975, c 41, §1; am L 2004, c 202, §39; am L 2006, c 94, §1; am L 2010, c 109, §1] Cross References  Judicial review, see § §91-14, 91-15. Rules of Court  Appeal to circuit court, see HRCP rule 72; appeal to supreme court, see Hawaii Rules of Appellate Procedure. Case Notes  Cited: 866 F. Supp. 459 (1994); 44 H. 93, 97, 352 P.2d 856 (1960).
HI Rev Stat § 383-42 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-42 Representation.

  §383-42 Representation. The department of labor and industrial relations shall be a party and be entitled to notice in any proceeding involving a claim for benefits before the referee. In any proceeding for judicial review pursuant to section 383-41, the department may be represented by any qualified attorney employed by the department and designated by it for that purpose, or at the department's request by the attorney general. [L 1939, c 219, §6(h); am L 1941, c 304, §1, pt of subs 18; RL 1945, §4243; RL 1955, §93-41; am L Sp 1959 2d, c 1, §27; HRS §383-42]
HI Rev Stat § 383-43 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-43 Payment of benefits.

  §383-43 Payment of benefits. Benefits shall be paid promptly in accordance with a determination, redetermination, or decision on appeal. No injunction, supersedeas, or stay suspending the payment of benefits in accordance with the determination, redetermination, or decision on appeal shall be issued by any court, but if the decision is finally reversed, benefits shall not be paid for any subsequent weeks of unemployment involved in such reversal. [L 1941, c 304, §1, pt of subs 18; RL 1945, §4244; am L 1955, c 51, §1(6); RL 1955, §93-42; HRS §383-43; am L 1972, c 4, §1]
HI Rev Stat § 383-44 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-44 Recovery of benefits paid.

 §383-44 Recovery of benefits paid.  (a) Any individual who has received any amount as benefits under this chapter to which the individual was not entitled shall be liable for the 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 redetermination in these cases shall specify that the individual is liable to repay to the fund the amount of overpaid benefits, the basis of the overpayment, and the week or weeks for which the benefits were overpaid.  (b) Determinations or redeterminations dated on or after October 1, 2013, that an individual has been overpaid benefits under any state or federal unemployment compensation program and is disqualified under section 383-30(5) shall include a penalty assessment amount equal to fifteen per cent of the overpaid amount. Penalty assessments collected under this section shall be deposited in the unemployment compensation fund.  (c) The individual liable, in the discretion of the department, shall repay the overpaid amount and the penalty assessment amount to the department for the fund or have the overpaid amount only deducted from any future benefits payable to the individual under this chapter within two years after the date of mailing of the notice of redetermination or the final decision on an appeal from the redetermination. Effective April 1, 2013, the overpaid benefits amount and the penalty assessment amount, costs, and administrative fees may be deducted from federal income tax refunds.  (d) Notwithstanding any other provision of this chapter, the department, by agreement with another state or the United States as provided under section 303(g) of the Social Security Act, may recover any overpayment of benefits paid to any individual under the laws of this State or of another state or under an unemployment benefit program of the United States. Any overpayments subject to this subsection may be deducted from any future benefits payable to the individual under the laws of this State or of another state or under an unemployment program of the United States. The penalty assessment amount shall not be subject to recovery by deduction from future benefits payable.  (e) In any case in which under this section an individual is liable to repay any amount to the department, the overpaid benefits amount, the penalty assessment amount, costs, and administrative fees shall be collectible without interest by civil action in the name of the State by the attorney general. [L 1939, c 219, §15; RL 1945, §4292; am L 1953, c 22, §1(3); am L 1955, c 51, §1(5); RL 1955, §93-43; am L 1959, c 232, §1; am L Sp 1959 2d, c 1, §27; HRS §383-44; gen ch 1985; am L 1993, c 176, §1; am L 2013, c 3, §3]
HI Rev Stat § 383-45 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-45 Governing provisions.

  §383-45 Governing provisions. The procedure with respect to the filing of claims and with respect to determination and redeterminations thereupon and with respect to appeals from such determinations and redeterminations and with respect to judicial review of decisions on such appeals shall be governed by sections 383-31 to 383-43, any other provisions of this chapter or of chapter 371 to the contrary notwithstanding. [L 1941, c 304, §1, pt of subs 18; RL 1945, §4245; RL 1955, §93-44; HRS §383-45]
HI Rev Stat § 383-61.5 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-61.5 Special assessments on employers to pay interest on loans from Secretary of Labor.

  §383-61.5 Special assessments on employers to pay interest on loans from Secretary of Labor. Whenever the State requests a loan from the Secretary of Labor in accordance with title XII of the Social Security Act to pay expected benefit claims during a specified period of time, the director may assess all employers the amounts that are sufficient to pay the principal and interest costs on the loan; provided that the director develops a mechanism of distributing these payments among employers in a fair and equitable manner. [L 2010, c 2, §1]
HI Rev Stat § 383-64 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-64 Credits for contributions; destruction of employer accounts and records.

  §383-64 Credits for contributions; destruction of employer accounts and records. (a) The director shall maintain a separate account for each employer and shall credit the employer's account with all the contributions paid by the employer as of the date of payment. Nothing in this chapter shall be construed to grant any employer or individual in the employer's service prior claims or rights to the amounts paid by the employer into the fund.  (b) If an employer's account becomes inactive because services constituting employment are no longer performed for the employer and the account remains inactive for five consecutive calendar years, the account shall become void and may be destroyed, and, notwithstanding any provision to the contrary, the employer shall have no claim or right to the contributions credited to the account. [L 1939, c 219, §7(c)(1); am L 1941, c 304, §1, pt of subs 21; RL 1945, §4249; am L 1949, c 316, §1(3); RL 1955, §93-63; am L 1964, c 55, §5; HRS §383-64; am L 1969, c 14, §1; gen ch 1985]
HI Rev Stat § 383-67 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-67 Reserve ratio.

  §383-67 Reserve ratio. For the calendar year 1970 and for each calendar year thereafter, an employer's reserve ratio shall be determined by dividing the employer's most recent reserve balance by the employer's most recent average annual payroll. The ratio shall be rounded to the nearest ten-thousandths. [L 1941, c 304, §1, pt of subs 21; RL 1945, §4252; am L 1945, c 19, §1(5); am L 1949, c 316, §1(4); am L 1951, c 195, §1(7); am L 1953, c 41, §1(9), (10); RL 1955, §93-66; am L 1964, c 55, §9; HRS §383-67; am L 1969, c 277, §2; gen ch 1985]