reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-95 Disclosure of information.

§383-95 Disclosure of information.
(a) Except as otherwise provided in this chapter, information obtained from any employing unit or individual pursuant to the administration of this chapter and determinations as to the benefit rights of any individual shall be held confidential and shall not be disclosed or be open to public inspection in any manner revealing the individual's or employing unit's identity. Any claimant (or the claimant's legal representative) shall be supplied with information from the records of the department to the extent necessary for the proper presentation of the claimant's claim in any proceeding under this chapter. Subject to restrictions as the director may by rule prescribe, reimbursement of costs to the department incurred in furnishing the information, and the establishment of all safeguards as are necessary to ensure that information furnished by the department is used only for authorized purposes, the information and determinations may be made available to:
(1) Any federal or state agency charged with the administration of an unemployment compensation law or the maintenance of a system of public employment offices;
(2) The Internal Revenue Service of the United States Department of the Treasury;
(3) Any federal, state, or municipal agency charged with the administration of a fair employment practice or anti-discrimination law;
(4) Any other federal, state, or municipal agency if the director deems that the disclosure to the agency serves the public interest; and
(5) Any federal, state, or municipal agency if the disclosure is authorized under section 303 of the Social Security Act and section 3304 of the Internal Revenue Code of 1986, as amended.
(b) Information obtained in connection with the administration of the employment service may be made available to persons or agencies for purposes appropriate to the operation of a public employment service.
(c) Upon requests therefor the department shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation and employment status of each recipient of benefits and the recipient's rights to further benefits under this chapter.
(d) The department may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to this chapter, and may in connection with the request transmit any of the report or return to the Comptroller of the Currency of the United States as provided in section 3305(c) of the federal Internal Revenue Code. [L 1939, c 219, §10(g); am L 1941, c 304, §1, pt of subs 32; RL 1945, §4274; RL 1955, §93-94; am L Sp 1959 2d, c 1, §27; HRS §383-95; am L 1969, c 16, §1; gen ch 1985; am L 1997, c 172, §3; am L 2015, c 35, §14]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-96 Service.

§383-96 Service.
Whenever it is provided herein that any service shall be made upon the department of labor and industrial relations, such service may be made upon the director of labor and industrial relations or upon such representative as the director may have designated for that purpose. [L 1941, c 304, §1, pt of subs 32; RL 1945, §4275; RL 1955, §93-95; am L Sp 1959 2d, c 1, §27; HRS §383-96]
Rules of Court
Service, see HRCP rule 4(d)(5).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-97 Change of rates.

§383-97 Change of rates.
Whenever the department of labor and industrial relations believes that a change in contribution or benefit rates will become necessary to protect the solvency of the fund, it shall promptly so inform the governor and the legislature, and make recommendations with respect thereto. [L 1941, c 304, §1, pt of subs 32; RL 1945, §4276; RL 1955, §93-96; am L Sp 1959 2d, c 1, §27; HRS §383-97]
2023 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.
2023 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.
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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.
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-124 Relation to unemployment trust fund.

§383-124 Relation to unemployment trust fund.
Sections 383-121 to 383-123 to the extent that they relate to the unemployment trust fund, shall be operative only so long as the unemployment trust fund continues to exist, and so long as the Secretary of the Treasury of the United States continues to maintain for the State a separate account of all funds deposited therein by the State for benefit purposes, together with the State's proportionate share of the earnings of such unemployment trust fund, from which no other state or territory is permitted to make withdrawals. If and when the unemployment trust fund ceases to exist, or the separate account is no longer maintained, all moneys, properties, or securities therein, to the credit of the unemployment compensation fund of the State, are returnable to the director of finance of the State who shall hold, invest, transfer, sell, deposit, and release such moneys, properties, or securities in a manner approved by the department of labor and industrial relations in accordance with this chapter. The moneys shall be invested in the following readily marketable classes of securities: bonds or other interest-bearing obligations of the United States, or other securities which may be acquired under the sinking fund laws of the State; provided that the investment shall at all times be so made that all the assets of the fund shall always be readily convertible into cash when needed for the payment of benefits. The director of finance shall dispose of securities or other properties belonging to the unemployment compensation fund only under the direction of the department. [L 1939, c 219, §9(d); RL 1945, §4266; RL 1955, §93-123; am L Sp 1959 2d, c 1, §27; HRS §383-124]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-125 Financing employment security administration.

§383-125 Financing employment security administration.
All moneys received from the federal government or other sources that are required by federal law or regulations to be for the purposes of administering the employment security program shall be expended subject to the findings of the Secretary of Labor as to purpose and amount, and subject to all appropriation, budgeting, and accounting requirements of the State not inconsistent with federal laws and regulations governing such moneys. [L 1939, c 219, §12(a); am L 1941, c 304, §1, pt of subs 34; RL 1945, §4283; am L 1953, c 41, §1(2); RL 1955, §93-124; am L 1957, c 145, §1(c), c 152, §1, and c 205, §1(g); am L 1959, c 265, §13(b); HRS §383-125]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-126 Reimbursement of fund.

§383-126 Reimbursement of fund.
If any moneys received after June 30, 1941, from the Secretary of Labor under title III of the Social Security Act, or any unencumbered balances in the employment security administration fund as of that date, or any moneys granted after that date to the State pursuant to the Wagner-Peyser Act, are found by the Secretary of Labor, because of any action or contingency, to have been lost or been expended for purposes other than, or in amounts in excess of, those found necessary by the Secretary of Labor for the proper administration of this chapter, it is the policy of the State that such moneys shall be replaced by moneys appropriated for such purpose from the general funds of the State to the employment security administration fund for expenditure as provided in section 383-125. Upon receipt of notice of such a finding by the Secretary of Labor, the department of labor and industrial relations shall promptly report the amount required for such replacement to the governor and the governor shall, at the earliest opportunity, submit to the legislature a request for the appropriation of the amount. This section shall not be construed to relieve the State of its obligation with respect to funds received prior to July 1, 1941, pursuant to title III of the Social Security Act. [L 1939, c 219, §12(b); am L 1941, c 304, §1, pt of subs 34; RL 1945, §4284; am L 1953, c 41, §1(2); RL 1955, §93-125; am L 1957, c 205, §1(h); am L Sp 1959 2d, c 1, §27; HRS §383-126]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-126.5 Evaluation of fund balance adequacy.

§383-126.5 Evaluation of fund balance adequacy.
The director shall conduct an annual evaluation of the adequacy of the fund balance, taking into account conditions in the State and national economic trends, and submit a report of findings to the legislature no later than twenty days prior to the convening of each regular session.
[L 1991, c 193, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-127 Special unemployment insurance administration fund.

§383-127 Special unemployment insurance administration fund.
(a) There is created in the state treasury a special fund to be known as the special unemployment insurance administration fund. All interest, fines, and penalties collected under this chapter on and after October 1, 1987, shall be paid into this fund and shall not be commingled with other state funds but maintained in a separate account on the books of the depository. Interest earned upon moneys in the administration fund shall be deposited and credited to the administration fund.
All moneys payable to the administration fund shall be transferred immediately into the administration fund from the clearing account of the unemployment compensation fund. The director of finance shall be the treasurer and custodian of the administration fund and shall administer the fund in accordance with directions by the director of labor and industrial relations. The director of finance shall be liable on the director's official bond for the faithful performance of all duties in connection with the administration fund. All sums recovered on such surety bond for losses sustained by the administration fund shall be deposited into the fund.
(b) Notwithstanding any other provisions of this section to the contrary, the moneys in the administration fund shall be used for the payment of the following expenses and obligations relating to the administration of the unemployment insurance program:
(1) Refunds or adjustments of interest on delinquent contributions and penalties or fines erroneously collected under this chapter;
(2) Expenses for which allocation of federal funds have been duly requested but not yet received, subject to the reimbursement of the expenditures against the funds received;
(3) Expenditures deemed necessary by the director in the administration of this chapter for which no allocations of federal administration funds have been made; and
(4) Interest due under the provisions of section 1202(b) of the Social Security Act, as amended, for advances made to the unemployment compensation fund.
(c) No moneys in the administration fund shall be expended for any purpose for which federal funds would otherwise be available.
(d) All expenditures from the administration fund, except for refunds of penalties and interest erroneously collected, shall be approved by the director.
(e) All moneys deposited or paid into the administration fund shall be continuously available to the director for expenditures consistent with this section and shall not lapse at any time. The director may transfer moneys deposited in the administration fund to the unemployment compensation fund as the director deems necessary.
(f) Twenty days before the convening of the legislature in regular session each year, the director shall submit a report to the legislature on the financial status of the special unemployment insurance administration fund. [L 1987, c 119, §1; am L 1988, c 77, §1]
Revision Note
Section renumbered by revisor pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-129 Employment and training assessment.

§383-129 Employment and training assessment.
(a) In addition to contributions determined by section 383-68, every employer, except an employer who has selected an alternative method of financing liability for unemployment compensation benefits pursuant to section 383-62, or an employer who has been assigned a minimum rate of zero per cent or the maximum rate of the applicable schedule in accordance with section 383-68, shall be subject to an employment and training fund assessment at a rate of .01 per cent of taxable wages as specified in section 383-61.
(b) Collections from the employment and training assessment shall be made in the same manner and at the same time as any contributions required under section 383-61, and shall not be deducted, in whole or in part, from the wages of individuals in an employer's employ.
(c) Any assessments collected pursuant to this section shall remain separate and shall not be included in any manner in computing unemployment contribution rates assigned to employers in accordance with sections 383-63 to 383-68.
(d) The director may impose penalty and interest on delinquent employment and training assessments in the same manner as provided for contributions to the unemployment compensation fund in section 383-73. For purposes of computation of penalty and interest under this subsection, employment and training assessments shall be considered part of the employer's contributions to the unemployment compensation fund.
(e) Collection of money from an employer delinquent in paying employment and training assessments, unemployment insurance technology assessments, or contributions to the unemployment compensation fund pursuant to this chapter shall first be applied to interest and penalty, then applied to delinquent unemployment compensation contributions, then to delinquent unemployment insurance technology assessments, and finally to delinquent employment and training assessments. [L 1991, c 68, pt of §2; am L 1996, c 223, §4; am L 1997, c 194, §2; am L 2000, c 197, §1; am L 2002, c 248, §2; am L 2011, c 2, § §3, 5; am L 2012, c 6, § §4, 7; am L 2013, c 102, §1; am L 2023, c 208, §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-130 Unemployment insurance technology special fund.

§383-130
Unemployment insurance technology special fund.
(a) There is established in the state treasury the unemployment insurance technology special fund to be administered by the department. All assessments collected pursuant to section 383-131 and all moneys received by the fund from any other source shall be deposited in the unemployment insurance technology special fund.
(b) Moneys in the unemployment insurance technology special fund shall be used by the department for the operating expenses to operate and maintain the department's information technology infrastructure used for the payment of benefits and contributions as provided for in this chapter. Administrative costs for the collection of the unemployment insurance technology assessments and for costs related to the establishment and maintenance of the unemployment insurance technology special fund shall be borne by the fund.
(c) The director shall submit a report to the legislature on the status of the unemployment insurance technology special fund, including expenditures and program results, not less than twenty days prior to the convening of each regular session; provided that the director may include the report in the report required by section 383-126.5. [L 2023, c 208, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-131 Unemployment insurance technology assessment.

§383-131
Unemployment insurance technology assessment.
(a) In addition to contributions determined by section 383-68, every employer, except an employer who has elected an alternative method of financing liability for unemployment compensation benefits pursuant to section 383-62, shall be subject to an unemployment insurance technology assessment at a rate of 0.01 per cent of taxable wages as specified in section 383-61.
(b) Collections from the unemployment insurance technology assessment shall be made in the same manner and at the same time as any contributions required under section 383-61, and shall not be deducted, in whole or in part, from the wages of individuals in an employer's employ.
(c) Any assessments collected pursuant to this section shall remain separate and shall not be included in any manner in computing unemployment contribution rates assigned to employers in accordance with sections 383-63 to 383-69.
(d) The director may impose a penalty and interest on delinquent unemployment insurance technology assessments in the same manner as provided for contributions to the unemployment compensation fund in section 383-73. For purposes of computation of penalty and interest under this subsection, unemployment insurance technology assessments shall be considered part of the employer's contributions to the unemployment compensation fund.
(e) Collection of money from an employer delinquent in paying unemployment insurance technology assessments, employment and training fund assessments, or contributions to the unemployment compensation fund pursuant to this chapter shall first be applied to interest and penalty, then applied to delinquent unemployment compensation contributions, then to delinquent unemployment insurance technology assessments, and finally to delinquent employment and training assessments. [L 2023, c 208, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-141 Falsely obtaining benefits, etc.

§383-141 Falsely obtaining benefits, etc.
Whoever makes a false statement or representation knowing it to be false or knowingly fails to disclose a material fact, to obtain or increase any benefit or other payment under this chapter or under the unemployment compensation law of any state or of the federal government, either for oneself or for any other person, shall be charged with a misdemeanor if the value of the benefit obtained or increased is $300 or less, or shall be charged with a class C felony if the value of the benefit obtained or increased exceeds $300; and each such false statement or misrepresentation or failure to disclose a material fact shall constitute a separate offense; provided that no fine or imprisonment shall be imposed in any case in which disqualification has been determined under section 383-30(5). [L 1939, c 219, §14(b)(1); am L 1941, c 304, §1, pt of subs 36; RL 1945, §4288; am L 1951, c 195, §1(10); RL 1955, §93-140; HRS §383-141; am L 1979, c 27, §1; gen ch 1985; am L 1988, c 36, §1]
Case Notes
Violation does not bar theft charge. 67 H. 406, 689 P.2d 753 (1984).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-142 Employing units.

§383-142 Employing units.
Any employing unit or any officer or agent of an employing unit or any other person who makes a false statement or representation knowing it to be false, or who knowingly fails to disclose a material fact, to prevent or reduce the payment of benefits to any individual entitled thereto, or to avoid becoming or remaining a subject employer or to avoid or reduce any contribution or other payment required from an employing unit under this chapter or under the unemployment compensation law of any state or of the federal government, or who wilfully fails or refuses to make any such contributions or other payment or to furnish any reports required hereunder or to produce or permit the inspection or copying of records as required hereunder, or who wilfully fails to establish, maintain, or preserve records of all individuals in the employer's employ that show the total amount of wages paid for each pay-period to each individual while in the employer's employ, or who wilfully fails to establish, maintain, or preserve any other record, as required by this chapter or any rule or regulation adopted hereunder, shall be charged with a misdemeanor, and subject to a fine of not more than $10,000; and each false statement or representation or failure to disclose a material fact, or failure to establish, maintain, or preserve records, and each day of such a failure or refusal shall constitute a separate offense. [L 1939, c 219, §14(b)(3), (4); am L 1941, c 304, §1, pt of subs 36; RL 1945, §4289; RL 1955, §93-141; HRS §383-142; am L 2005, c 114, §2]
Cross References
Perjury and related offenses, see chapter 710, pt V.
Tampering with government records, see §710-1017.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-143 General penalty.

§383-143 General penalty.
Any person who wilfully violates this chapter or any order, rule, or regulation thereunder, the violation of which is made unlawful or the observance of which is required under the terms of this chapter, and for which a penalty is neither prescribed in this chapter nor provided by any other applicable statute, shall be charged with a misdemeanor, and subject to a fine of not more than $10,000; and each day the violation continues shall be deemed to be a separate offense. [L 1939, c 219, §14(b)(5); am L 1941, c 304, §1, pt of subs 36; RL 1945, §4290; RL 1955, §93-142; HRS §383-143; am L 2005, c 114, §3]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, and 706-663.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-144 Unlawful disclosures.

§383-144 Unlawful disclosures.
If any individual, whether an employee or member of the department of labor and industrial relations, or the referee, in violation of section 383-95, makes any disclosure of information obtained from any employing unit or individual in the administration of this chapter, or if any individual who has obtained any list of applicants for work, or of claimants or recipients of benefits, under this chapter, uses or permits the use of the list for any political purpose, that individual shall be fined not less than $20 nor more than $200, or imprisoned not more than ninety days, or both. [L 1939, c 219, §14(a); am L 1941, c 304, §1, pt of subs 36; RL 1945, §4291; RL 1955, §93-143; am L Sp 1959 2d, c 1, §27; HRS §383-144; am L 2016, c 55, §9]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, and 706-663.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-161 Waiver of rights void.

Cross References
Special assessments on employers to pay principal and interest on loans from Secretary of Labor, see §383-61.5.
§383-161 Waiver of rights void.
(a) Any agreement by an individual to waive, release, or commute the individual's rights to benefits or any other rights under this chapter shall be void, except agreements to withhold and deduct benefits for the following purposes:
(1) The payment of child support obligations as provided in section 383-163.5;
(2) The voluntary deduction and withholding of federal and state income tax from unemployment compensation as provided in section 383-163.6; and
(3) The repayment of uncollected overissuances of food stamp coupons as provided in section 383-163.7.
(b) Any agreement by an individual in the employ of a person or concern to pay all or any portion of an employer's contributions required under this chapter from the employer, shall be void. No employer, directly or indirectly, shall make, require, or accept any deduction from wages to finance the employer's contributions required from the employer, require or accept any waiver of any right hereunder by any individual in the employer's employ, discriminate in regard to the hiring or tenure of work or any term or condition of work of any individual on account of the individual's claiming benefits under this chapter, or in any manner obstruct or impede the filing of claims for benefits. Any employer, officer, or agent of any employer who violates this section, for each offense, shall be fined not less than $100 nor more than $1,000, or imprisoned not more than six months, or both. [L 1939, c 219, §13(a); am L 1941, c 304, §1, pt of subs 35; RL 1945, §4285; RL 1955, §93-150; HRS §383-161; am L 1982, c 58, §8; gen ch 1985; am L 1997, c 172, §4]