reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 20. Social Services › 367. Status of Women › 367-3 Powers and duties of commission.

§367-3 Powers and duties of commission.
The commission shall:
(1) Act as a central clearinghouse and coordinating body for governmental and nongovernmental activities and information relating to the status of women;
(2) Create public awareness and understanding of the responsibilities, needs, potentials, and contributions of women and their roles in the changing society;
(3) Recommend legislative and administrative action on equal treatment and opportunities for women;
(4) Encourage a long-range program of education of women in their political rights and responsibilities, particularly with respect to their voting duties;
(5) Maintain contacts with appropriate federal, state, local, and international agencies concerned with the status of women;
(6) Cooperate and collaborate with national groups on the status of women and arrange for participation by representatives of the State in White House conferences and other national conferences from time to time;
(7) Administer funds allocated for its work; be authorized to accept, disburse, and allocate funds that may become available from other governmental and private sources; provided that all such funds shall be disbursed or allocated in compliance with any specific designation stated by the donor and in the absence of such specific designation, such funds shall be disbursed or allocated on projects related to any of the purposes of this chapter; and
(8) Submit an annual report with recommendations to the governor and the legislature. [L 1970, c 190, pt of §1; am L 1972, c 81, §1; am L 2000, c 270, §3]
Cross References
Reports to governor, see §93-12.
2023 Hawaii Revised Statutes › Title 20. Social Services › 367. Status of Women › 367-4 County committees on status of women, membership, organization, etc.

§367-4 County committees on status of women, membership, organization, etc.
The mayor of each county shall appoint a county committee on the status of women charged with the duty and responsibility of developing information as the state commission on the status of women requires or as the committee deems advisable concerning the status of women within the respective counties; and other appropriate duties and responsibilities as may be deemed necessary by each county. The committees shall submit to the state commission, plans and proposals affecting the status of women in the several counties. Each county committee shall endeavor to secure the widest possible citizen participation in its efforts and, for this purpose, may utilize existing public or private organizations. The membership of each county committee shall include, ex officio, the county attorney or corporation counsel and the county representative of the commission on the status of women. The other members shall be selected on the basis of their interest and knowledge in, and their ability to make contributions to, the solution of problems relating to the status of women within the county and their knowledge of local conditions. The chairperson shall be elected annually from the nongovernmental members of the committee. The terms of office of each member shall be four years. Each county committee shall meet at least four times a year. The members of the county committees shall receive no compensation for their services. The respective county legislative bodies are authorized to make appropriations to meet the necessary expenses of the committees. [L 1970, c 190, pt of §1; am L 1979, c 204, §2; gen ch 1993; am L 1995, c 151, §5; am L 1996, c 298, §6]
2023 Hawaii Revised Statutes › Title 20. Social Services › 367. Status of Women › 367-5 Commission on the status of women trust fund.

§367-5 Commission on the status of women trust fund.
(a) There is established a commission on the status of women trust fund. All funds contributed to the trust fund, including income and capital gains earned therefrom, shall be used exclusively for commission programs as defined in the articles, bylaws, resolutions, and other instruments executed on behalf of the commission on the status of women or any nonprofit organization established thereunder. The trust fund may receive any and all types of private contributions, and the income and capital gains earned by the fund; provided that funds or properties donated for the commission's use shall be deposited and accounted for in accordance with policies and procedures adopted by the comptroller. The trust fund shall be subject to the following restrictions:
(1) All funds, and the income and capital gains earned by investment of those funds, shall be expended only for the support of the commission or its nonprofit organization's programs; and
(2) Other restrictions imposed by the legislature with respect to the transfer or appropriation of funds.
(b) Any funds deposited in the trust fund, and any income and capital gains earned therefrom, not used for the commission or its nonprofit organization's programs, shall be invested in accordance with the provisions of the articles, bylaws, resolutions, or other instruments executed on behalf of the commission or its nonprofit organization, and in a manner intended to maximize the rate of return on investment of the fund.
(c) If the trust fund is terminated or the commission or its nonprofit organization is dissolved, all funds, including the income and capital gains earned by the investment of funds, shall be distributed in accordance with the articles and bylaws of the commission or its nonprofit organization.
(d) The commission shall require an annual audit of the trust fund, the results of which shall be submitted to the department of budget and finance not more than thirty days after receipt by the commission. The commission shall retain for a period of three years, any documents, papers, books, records, and other evidence that are pertinent to the trust fund, and permit inspection or access thereto by the department of budget and finance, the department of accounting and general services, state legislators, and the auditor, or their duly authorized representatives.
(e) The trust fund shall be subject to the terms and conditions provided in this section. The trust fund shall not be placed in the state treasury and the State shall not administer the fund nor be liable for its operation or solvency. The fund shall be a private charitable trust fund administered by a private trust company as trustee.
(f) Subsections (a) to (e) shall take effect upon the creation of a commission on the status of women foundation, a tax-exempt, nonprofit foundation that is subject to the terms and conditions provided in this section. [L 2000, c 270, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 367D. Parity for Female Offenders › 367D-1 Female prisoners; parity programs.

§367D-1 Female prisoners; parity programs.
Adult women convicted of crimes and juvenile females adjudicated for offenses that would be crimes if committed by an adult or who are adjudicated delinquents shall be provided a range and quality of programming substantially equivalent to the range and quality of programming offered to male persons who are similarly situated. Programs for female offenders shall be based upon the psychosocial developmental needs of female offenders. [L 2006, c 258, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 367D. Parity for Female Offenders › 367D-2 Model programs; department of corrections and rehabilitation.

§367D-2 Model programs; department of corrections and rehabilitation.
Subject to funding by the legislature, the director of corrections and rehabilitation shall foster a gender-responsive environment by providing model gender-responsive programs for female offenders that are responsive to statewide needs and geographical areas and shall award contracts for the programs. The gender-responsive environment and programs shall:
(1) Respond in a rehabilitative way to the type of offenses female offenders generally commit and address pathways to crime;
(2) Respond to the problems of female offenders with dependent children;
(3) Respond to the importance of developing self-determination through independent living and marketable job skills;
(4) Assist female offenders in overcoming their own extreme degree of dependency by developing and fostering strong and healthy relationships without losing self-esteem;
(5) Respond appropriately to the specific health care needs of women, including but not limited to mental health and substance abuse services;
(6) Offer transitional support for female offenders and their families to promote successful reentry into their families and communities; and
(7) Offer technical assistance and training toward the implementation of other similar programs. [L 2006, c 258, pt of §2; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 367D. Parity for Female Offenders › 367D-3 Contracts.

§367D-3 Contracts.
To encourage cooperation and assist private agencies that have existing programs designed specifically for female offenders and to encourage private agencies to develop and implement new programs, the director of corrections and rehabilitation shall make contracts available to private agencies electing to participate in the contract program, subject to chapter 103F. [L 2006, c 258, pt of §2; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 367D. Parity for Female Offenders › 367D-4 Agency programs; proportionate costs.

§367D-4 Agency programs; proportionate costs.
Where several private agencies combine to provide one or more of the programs under this chapter, the cost of each program shall be borne proportionately by the participating agencies on the basis of need or use as determined by rules adopted by the director of corrections and rehabilitation pursuant to chapter 91. [L 2006, c 258, pt of §2; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 367D. Parity for Female Offenders › 367D-5 Duties of the director of corrections and rehabilitation.

§367D-5 Duties of the director of corrections and rehabilitation.
The director of corrections and rehabilitation shall:
(1) Review all plans for programs for female offenders;
(2) Review contract applications or proposals for model programs for female offenders and award contracts for programs;
(3) Monitor the delivery of services provided under contract programs for female offenders;
(4) Establish, by rule, a method of determining the amount or percentage of local contribution to receive a contract under this chapter; and
(5) Collaborate with the Community Alliance on Prisons or other advocacy group in Hawaii as a resource on women's issues for the department. [L 2006, c 258, pt of §2; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 367D. Parity for Female Offenders › 367D-6 Female adjudicated youth.

§367D-6 Female adjudicated youth.
The office of youth services shall collaborate with the departments of human services, health, labor and industrial relations, and education, as well as with representatives of the private sector, to develop a comprehensive continuum of care to address the gender-responsive needs of female adjudicated youth. [L 2006, c 258, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 367D. Parity for Female Offenders › 367D-7 Model programs; office of youth services.

§367D-7 Model programs; office of youth services.
Subject to funding by the legislature, the director of the office of youth services shall foster a gender-responsive environment by providing model gender-responsive programs for female adjudicated youth that are responsive to statewide needs and geographical areas and shall award contracts for the programs. The gender-responsive environment and programs shall:
(1) Respond in a rehabilitative way to the type of offenses female adjudicated youth generally commit and address pathways to crime;
(2) Respond to the problems of female adjudicated youth with dependent children;
(3) Respond to the importance of developing self-determination through education; employment training; special education to the learning disabled; and social, cognitive, communication, and life skills training;
(4) Assist female adjudicated youth in overcoming their own extreme degree of dependency by developing and fostering strong and healthy relationships without losing self-esteem;
(5) Respond appropriately to the specific health care needs of girls and women, including but not limited to mental health and substance abuse services;
(6) Offer transitional support for female adjudicated youth and their families to promote successful reentry into their families, schools, and communities; and
(7) Offer technical assistance and training toward the implementation of other similar programs. [L 2006, c 258, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 367D. Parity for Female Offenders › 367D-8 Annual report.

§367D-8 Annual report.
The department of corrections and rehabilitation and the office of youth services shall submit an annual report to the legislature no later than twenty days before the convening of each regular session on the following areas: program descriptions, type and costs of contracts made, name of the private agency awarded each contract, and the success of each contract in meeting program specifications. The report shall detail the development of the comprehensive continuum of care to address the gender-responsive needs of Hawaii's female offenders and female adjudicated youth both in-state and abroad. The report shall also highlight the existing gaps in the system and include recommendations for resources needed to reach a seamless continuum of care and other relevant information concerning the creation of a gender-responsive environment for female offenders and female adjudicated youth. [L 2006, c 258, pt of §2; am L 2007, c 9, §13; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 368. Civil Rights Commission › 368-1 Purpose and intent.

§368-1 Purpose and intent.
The legislature finds and declares that the practice of discrimination because of race, color, religion, age, sex, including gender identity or expression, sexual orientation, marital status, national origin, ancestry, or disability in employment, housing, public accommodations, or access to services receiving state financial assistance is against public policy. It is the purpose of this chapter to provide a mechanism that provides for a uniform procedure for the enforcement of the State's discrimination laws. It is the legislature's intent to preserve all existing rights and remedies under such laws. [L 1988, c 219, pt of §1; am L 1989, c 387, §1; am L 1991, c 2, §1; am L 1992, c 33, §5; am L 2011, c 34, §2]
Case Notes
Cited: 133 H. 332, 328 P.3d 341 (2014).
2023 Hawaii Revised Statutes › Title 20. Social Services › 368. Civil Rights Commission › 368-1.5 Programs and activities receiving state financial assistance.

§368-1.5 Programs and activities receiving state financial assistance.
(a) No otherwise qualified individual in the State shall, by reason of the individual's disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination by state agencies, or under any program or activity receiving state financial assistance.
(b) As used in this section:
"Disability" means the state of having a physical or mental impairment that substantially limits one or more major life activities, having a record of such an impairment, or being regarded as having such an impairment.
"Program or activity receiving state financial assistance" includes a program or activity that receives federal and state financial assistance.
"State financial assistance" means grants, purchase-of-service contracts, or any other arrangement by which the State provides or otherwise makes available assistance in the form of funds to an entity for the purpose of rendering services on behalf of the State. It does not include procurement contracts, state insurance or guaranty contracts, licenses, tax credits, or loan guarantees to private businesses of general concern that do not render services on behalf of the State. [L 1989, c 387, §2; am L 1992, c 33, §5; am L 2021, c 164, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 368. Civil Rights Commission › 368-2 Civil rights commission established.

§368-2 Civil rights commission established.
(a) There is established a civil rights commission composed of five members nominated and, by and with the advice and consent of the senate, appointed by the governor for staggered terms in accordance with section 26
-
34. The members appointed to the commission shall be selected on the basis of their knowledge and experience in civil rights matters and on the basis of a demonstrated commitment to the preservation of the civil rights of all individuals. The governor shall designate one of the commissioners as the chair of the commission.
(b) Any action taken by the commission shall be by a simple majority of the members of the commission. All decisions of the commission shall be reduced to writing and shall state separately its findings of fact and conclusions. Any vacancy in the commission shall not impair the authority of the remaining members to exercise all the powers of the commission. The governor may appoint an acting member of the commission during the temporary absence from the State or the illness of any regular member. An acting member, during the acting member's term of service, shall have the same powers and duties as the regular member.
(c) The members shall serve without compensation but shall be paid per diem and travel expenses when attending meetings of the commission. The commission shall be within the department of labor and industrial relations for administrative purposes only. [L 1988, c 219, pt of §1; am L 1989, c 386, §5]
2023 Hawaii Revised Statutes › Title 20. Social Services › 368. Civil Rights Commission › 368-5 Penalties.

§368-5
Penalties.
Whoever intentionally resists, prevents, impedes, or interferes with the commission or any of its authorized agents or representatives in the performance of duties pursuant to this chapter, or who in any manner intentionally violates an order of the commission, shall be fined not more than $500, or imprisoned for not more than ninety days, or both. [L 1988, c 219, pt of §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 368. Civil Rights Commission › 368-12 Notice of right to sue.

§368-12 Notice of right to sue.
The commission may issue a notice of right to sue upon written request of the complainant. Within ninety days after receipt of a notice of right to sue, the complainant may bring a civil action under this chapter. The commission may intervene in a civil action brought pursuant to this chapter if the case is of general importance. [L 1989, c 386, pt of §1]
Case Notes
Plaintiff's claims not time-barred, where defendant argued that certain claims were time-barred because plaintiff failed to serve defendant with complaint within ninety days of receipt of right to sue letters and that plaintiff had no intent to serve defendant with original complaint; among other things, plaintiff filed complaint within ninety days of receipt of right to sue letters and plaintiff was not also required to serve defendant within ninety-day period, plaintiff was only required to commence the civil action by filing complaint. 75 F. Supp. 2d 1113 (1999).
2023 Hawaii Revised Statutes › Title 20. Social Services › 368. Civil Rights Commission › 368-14 Commission hearings.

§368-14 Commission hearings.
(a) If, fifteen days after service of the final conciliation demand, the commission finds that conciliation will not resolve the complaint, the commission shall appoint a hearings examiner and schedule a contested case hearing that shall be held in accordance with chapter 91. The case in support of the complaint shall be presented at the hearing by counsel provided by the commission. Following the completion of the contested case hearing, the hearings examiner shall issue a proposed decision containing a statement of reasons including a determination of each issue of fact or law necessary to the proposed decision which shall be served upon the parties. Any party adversely affected by the proposed decision may file exceptions and present argument to the commission which shall consider the whole record or such portions thereof as may be cited by the parties. If the commission finds that unlawful discrimination has occurred, the commission shall issue a decision and order in accordance with chapter 91 requiring the respondent to cease the unlawful practice and to take appropriate remedial action. If there is no finding of discrimination, the commission shall issue an order dismissing the case.
(b) At any time after a complaint is filed, the commission may file a petition in the circuit court in the circuit in which the subject of the complaint occurred, or in the circuit in which a respondent resides or transacts business, seeking appropriate temporary relief against the respondent, pending final determination of proceedings under this chapter, including an order or decree restraining the respondent from doing or procuring any act tending to render ineffectual any order the commission may enter with respect to the complaint. The court may grant the temporary relief or restraining order as it deems just and proper, but no relief or order extending beyond five days shall be granted except by consent of the respondent or after hearing upon notice to the respondent and a finding by the court that there is reasonable cause to believe that the respondent has engaged in a discriminatory practice.
If a complaint is dismissed by final order of the commission or a court after a court has granted temporary relief or a restraining order under this subsection, the respondent is entitled to recover from the State damages and costs, not to exceed a total of $500, sustained by reason of the temporary relief or restraining order in an action in the court that granted the temporary relief or restraining order. [L 1989, c 386, pt of §1; am L 1991, c 252, §5]
2023 Hawaii Revised Statutes › Title 20. Social Services › 368. Civil Rights Commission › 368-15 Compliance review.

§368-15 Compliance review.
At any time in its discretion but not later than one year from the date of a conciliation agreement, predetermination settlement, or after the date of a commission's order to cease an unlawful practice and to take appropriate remedy, the commission shall investigate whether the terms of the agreement, settlement, or order are being complied with by the respondent. Upon a finding that the terms of the agreement, settlement, or the terms of the commission's order, are not being complied with by the respondent, the commission shall take affirmative action as authorized in section 368-3. [L 1989, c 386, pt of §1; am L 1991, c 252, §6]
2023 Hawaii Revised Statutes › Title 20. Social Services › 368. Civil Rights Commission › 368-17 Remedies.

§368-17 Remedies.
(a) The remedies ordered by the commission or the court under this chapter may include compensatory and punitive damages and legal and equitable relief, including, but not limited to:
(1) Hiring, reinstatement, or upgrading of employees with or without back pay;
(2) Admission or restoration of individuals to labor organization membership, admission to or participation in a guidance program, apprenticeship training program, on-the-job training program, or other occupational training or retraining program, with the utilization of objective criteria in the admission of persons to those programs;
(3) Admission of persons to a public accommodation or an educational institution;
(4) Sale, exchange, lease, rental, assignment, or sublease of real property to a person;
(5) Extension to all persons of the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of the respondent;
(6) Reporting as to the manner of compliance;
(7) Requiring the posting of notices in a conspicuous place that the commission may publish or cause to be published setting forth requirements for compliance with civil rights law or other relevant information that the commission determines necessary to explain those laws;
(8) Payment to the complainant of damages for an injury or loss caused by a violation of part I of chapter 489, chapter 515, part I of chapter 378, or this chapter, including a reasonable attorney's fee;
(9) Payment to the complainant of all or a portion of the costs of maintaining the action before the commission, including reasonable attorney's fees and expert witness fees, when the commission determines that award to be appropriate; and
(10) Other relief the commission or the court deems appropriate.
(b) Section 386-5 notwithstanding, a workers' compensation claim or remedy does not bar relief on complaints filed with the commission. [L 1989, c 386, pt of §1; am L 1991, c 252, §7; am L 2001, c 55, §17(5)]
Case Notes
Subsection (a) had prospective effect only. 76 H. 454, 879 P.2d 1037 (1994).
Chapter 386 does not bar relief on claims filed with the commission. 85 H. 7, 936 P.2d 643 (1997).
Section permits court to award compensatory and punitive damages in civil actions brought under part I of chapter 378. 85 H. 7, 936 P.2d 643 (1997).
Employer was entitled to a jury trial, under article I, §13 of the Hawaii constitution, with respect to employees' allegation of sexual discrimination and retaliation, as subsection (a) empowered the Hawaii civil rights commission to award legal forms of relief, and, in proceedings before the commission, the employees and executive director claimed legal relief in the form of monetary damages of $400,000 for each employee. 101 H. 438, 71 P.3d 389 (2003).
Cited: 133 H. 332, 328 P.3d 341 (2014).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 371. Department of Labor and Industrial Relations › 371-1 Definitions.

Note
Sections 371-1 to 371-18 designated as Part I by L 2006, c 290, §2.
§371-1 Definitions.
When used in this chapter:
"Appeal board" means the labor and industrial relations [appeals] board.
"Department" means the department of labor and industrial relations.
"Director" means the director of labor and industrial relations.
"Employer" includes every person having control or custody of any employment, place of employment, or of any employee, but shall not include the United States or the State or any political subdivision thereof. [L 1939, c 237, pt of §1; RL 1945, §4101; am L 1955, c 19, §1(a); RL 1955, §88-1; am L 1959, c 264, §1; am L Sp 1959 2d, c 1, §38; HRS §371-1]
Revision Note
Definitions rearranged pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 371. Department of Labor and Industrial Relations › 371-2 Definition: references to "this chapter".

§371-2 Definition: references to "this chapter".
Whenever in this chapter reference is made to "this chapter", the term, unless the context clearly indicates otherwise, includes also any other chapter or section of the Revised Statutes amended by Act 237 of the Session Laws of Hawaii 1939, and any other provisions of the Act. [L 1939, c 237, §1(20); RL 1945, §4102; RL 1955, §88-2; HRS §371-2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 371. Department of Labor and Industrial Relations › 371-3 Legal assistance.

§371-3 Legal assistance.
The attorney general shall be the legal advisor to the department of labor and industrial relations, and all legal duties involved in the work of the department shall be performed by the department of the attorney general. [L 1953, c 105, §3; RL 1955, §88
-
5; HRS §371
-
3]
Cross References
Attorney general, generally, see chapter 28.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 371. Department of Labor and Industrial Relations › 371-6 Powers respecting oaths, subpoenas, etc.; witness fees, expenses, immunities.

§371-6 Powers respecting oaths, subpoenas, etc.; witness fees, expenses, immunities.
In all hearings or investigations conducted by the director of labor and industrial relations, or any of the director's duly authorized subordinates, including a hearings officer appointed by the appeal board under section 371-4, or the appeal board, with respect to any matters cognizable by any of them, each of the officers, and each member of the board, shall have the same powers respecting the administering 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. The circuit court of any circuit upon application by any of them shall have power to enforce by proper proceedings the attendance and testimony of any witness so subpoenaed. Subpoena and witness fees and mileage in such cases shall be the same as in criminal cases in the circuit courts. Necessary expenses of or in connection with any such hearings or investigations shall be payable from the funds appropriated for expenses of administration for the department of labor and industrial relations.
No person shall be excused from attending or testifying or producing material, books, papers, correspondence, memoranda, and other records, before the director, the director's duly authorized subordinate, including a hearings officer appointed by the appeal board under section 371-4, or the appeal board, or in obedience to the subpoena of any of them, in any cause or proceeding before 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 individuals so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. [L 1939, c 237, §1(8); RL 1945, §4111; RL 1955, §88-12; am L Sp 1959 2d, c 1, §27; HRS §371-6; am L 1973, c 31, pt of §21; gen ch 1985; am L 2009, c 3, §3]
Cross References
Hearings, see chapter 91.
Oaths, see § §1-21, 621-12.
Subpoenas, see §621-1.
Rules of Court
Oaths, see HRCP rule 43(d).
Subpoenas, see HRCP rule 45.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 371. Department of Labor and Industrial Relations › 371-7 Duties and powers of the department; rules, procedure for varying.

§371-7 Duties and powers of the department; rules, procedure for varying.
In addition to any other duties and powers as may be conferred upon the department of labor and industrial relations by law, the department shall:
(1) File with the governor a written report or reports at times, at least once in each year, and in a form as shall be requested by the governor covering the condition and activities of the department;
(2) Make, modify, and repeal reasonable rules of general application for the protection of life, health, and safety of employees in every employment or place of employment; provided that the rules shall not conflict with any rules of the department of health covering the same subject matter; provided further that rules pertaining to any workers' compensation case arising under chapter 386 shall be adopted or amended as specified in section 386-72; and
(3) Make, modify, and repeal such other reasonable rules of general application as may be necessary to carry into effect this chapter.
The rules of the department and any amendments thereto, when adopted in accordance with chapter 91, shall have the force and effect of law and shall be enforced in the same manner as this chapter.
If there are practical difficulties or unnecessary hardships in carrying out a rule, the director of labor and industrial relations, after public hearing, may make a variation from the requirement if the spirit of the rule is observed. Any person affected by the rule, or the person's agent, may petition for variation, stating the grounds therefor. The director shall fix a day for a hearing on the petition and give reasonable notice thereof to the petitioner. A properly indexed record of all variations made shall be kept in the office of the department and shall be open to public inspection.
Any interested person may obtain a ruling as to the validity or applicability of any rule in the manner provided in chapter 91. [L 1939, c 237, §1(9); RL 1945, §4112; am L 1951, c 23, §1; RL 1955, §88-13; am L Sp 1959 2d, c 1, § §19, 27; am L 1965, c 96, §63; HRS §371-7; gen ch 1985; am L Sp 2005, c 11, §2]
Cross References
Annual reports, see §93-12.
General authority and organization, see §26-20.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 371. Department of Labor and Industrial Relations › 371-8 Duties and powers of director; enforcement of rules.

§371-8 Duties and powers of director; enforcement of rules.
In addition to any other duties and powers as may be conferred upon the director by law, the director of labor and industrial relations shall:
(1) Supervise and direct the operations and functions of the department of labor and industrial relations;
(2) Cause the enforcement of rules; and
(3) Propose rules or changes in rules, as the director deems advisable for the protection of life, health, and safety of employees, in every employment or place of employment; provided that rules pertaining to workers' compensation cases arising under chapter 386 shall be adopted or amended as specified in section 386-72. The director may appoint committees composed of employers, employees, and experts to suggest rules or changes therein.
The director may make, amend, and repeal rules necessary for the internal administration of the department and for the proper conduct of hearings before the director or the director's authorized agents under this section. The director shall not be bound by technical rules of evidence in the conduct of these hearings. [L 1939, c 237, §1(11); RL 1945, §4114; am L 1949, c 102, §1; am L 1955, c 25, §1; RL 1955, §88-15; am L Sp 1959 2d, c 1, §27; am L 1963, c 158, §1; HRS §371-8; gen ch 1985; am L Sp 2005, c 11, §3]
Cross References
Rulemaking, see chapter 91.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 371. Department of Labor and Industrial Relations › 371-9 Penalties.

§371-9
Penalties
. (a) Any employer, employee, or other person who wilfully violates any lawful rule of the department for which no penalty is otherwise provided shall be fined no more than $500, or imprisoned no more than six months, or both, for each offense.
(b) Any person who, after twenty-one days written notice and the opportunity to be heard by the director, is found to have violated any lawful rule of the department for which no penalty is otherwise provided, shall be fined no more than $500 for each offense. [L 1939, c 237, §1(13); RL 1945, §4116; am L 1955, c 19, §1(b); RL 1955, §88-17; am L Sp 1959 2d, c 1, §27; HRS §371-9; am L 1991, c 107, §4; am L 2020, c 44, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 371. Department of Labor and Industrial Relations › 371-10 Mediation of labor disputes.

§371-10 Mediation of labor disputes.
The governor or the governor's designated agent shall promote the voluntary mediation of disputes between employers and employees, and avoid the necessity of resorting to lockouts, boycotts, blacklists, strikes, discriminations, and legal proceedings in the matters of employment. In pursuance of this duty, the governor or the governor's designated agent may appoint temporary boards of mediation, consisting of one or more members, provide necessary expenses of such boards, order reasonable compensation not exceeding $10 a day for each member engaged in such mediation, prescribe rules of procedure for such boards, conduct investigations and hearings, and may do all things convenient and necessary to accomplish the purposes of this paragraph. The governor or the governor's designated agent may designate the director of labor and industrial relations to act as mediator.
Whenever a controversy arises between an employer and the employer's employees which is not settled either in conference between the representatives of the parties or through mediation in the manner provided in this section, the controversy may by agreement of the parties be submitted to arbitration by three persons, one to be selected by the employer, one to be selected by the employees and the two so selected to select the third.
Whenever the governor finds that all reasonable efforts for mediation have been made and failed and that the parties are unable or refuse to enter into an agreement for arbitration, the governor may appoint an emergency board of disinterested persons to investigate and report respecting the controversy. The board shall be composed of such number of persons as the governor may deem desirable. The compensation of the members of the board shall be fixed by the governor, which compensation, together with all necessary traveling and other expenses, shall be provided by the director out of funds made available to the department of labor and industrial relations. The board shall be created separately in each instance and it shall investigate promptly the facts as to the controversy and report thereon, together with its recommendations, to the governor with all reasonable dispatch and in any event not later than thirty days from the date of its creation. [L 1939, c 237, §1(12); RL 1945, §4115; RL 1955, §88-16; am L Sp 1959 2d, c 1, §27; HRS §371-10; gen ch 1985]
Cross References
Appointment of conciliator, see §377-3.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 371. Department of Labor and Industrial Relations › 371-11 Research and statistics; employers to keep certain records.

§371-11 Research and statistics; employers to keep certain records.
The department of labor and industrial relations:
(1) Shall investigate and gather data regarding the wages, hours, and other conditions and practices of employment in the State, and may enter and inspect places and records, and make transcriptions thereof, and investigate facts, conditions, practices, or matters as are necessary or appropriate to carry into effect the duties imposed upon it under this chapter or under the rules of the department;
(2) May investigate, collect, and publish information relating to the cost of living in the State as it deems advisable; and
(3) Shall collect, file, and publish information relating to labor and industrial relations and shall perform other duties as the director of labor and industrial relations shall by rule prescribe.
Every employer subject to this chapter or any rule or regulation of the department issued under this chapter shall make, keep, and preserve records of the persons employed by the employer and of the wages, hours, and other conditions and practices of employment, maintained by the employer, and preserve the records for periods of time, as the department may by rule prescribe. In addition, every employer, regardless of whether they use a professional employer organization or a third-party administrator, shall keep a record of the former physical addresses and current physical address of the employer and the North American Industry Classification System code applicable to the employer.
The director or the director's authorized representative shall for the purpose of examination have access to and the right to copy from the records any matter or thing pertinent to this section, and every employer shall furnish to the director or the director's authorized representative on demand a copy under oath of the material portion of the records as the director or the director's authorized representative requires, and if the director so requires, upon forms prescribed or approved by the director.
The department shall adopt all necessary rules and regulations to carry out the purposes of this section. [L 1939, c 237, §1(14); RL 1945, §4117; RL 1955, §88-18; am L 1957, c 135, §2; am L Sp 1959 2d, c 1, §27; HRS §371-11; gen ch 1985; am L 2016, c 190, §1]
Cross References
Rulemaking, see chapter 91.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 371. Department of Labor and Industrial Relations › 371-12 Labor law enforcement; injunction.

§371-12 Labor law enforcement; injunction.
The department of labor and industrial relations shall:
(1) Enforce the child labor provisions of this chapter;
(2) Enforce this chapter relative to the regulation of commercial employment agencies;
(3) Enforce any other labor laws enacted by the legislature of the State;
(4) Enforce the provisions of section 394B-9 regarding dislocated workers;
(5) Enforce any rules or regulations of the department. The department may institute proceedings to enjoin any employer from violating this chapter or the rules or regulations of the department when any such employer is violating any such provision or is threatening to do so and the circuit courts are hereby vested with jurisdiction in the premises;
(6) Conduct investigations in connection with the foregoing; and
(7) Perform such additional duties as the director of labor and industrial relations shall by rule prescribe. [L 1939, c 237, §1(15); RL 1945, §4118; RL 1955, §88-19; am L Sp 1959 2d, c 1, §27; HRS §371-12; am L 1973, c 31, pt of §21; am L 2011, c 137, §1]
Cross References
Child labor, see chapter 390.
Commercial employment agencies, see chapter 373.
Injunctions, see §603-23.
Rules of Court
Injunctions, see HRCP rule 65.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 371. Department of Labor and Industrial Relations › 371-12.5 Labor law enforcement special fund; establishment; purposes.

§371-12.5 Labor law enforcement special fund; establishment; purposes.
(a) There is established in the state treasury the labor law enforcement special fund into which shall be deposited:
(1) All penalties collected pursuant to section 388-9.7;
(2) All penalties collected pursuant to section 388-10;
(3) All civil penalties assessed pursuant to section 396-10;
(4) Moneys appropriated by the legislature to the fund; and
(5) Any income and capital gains earned by the fund.
(b) The purpose of the special fund is to provide for sufficient operating costs to collect penalties and fees assessed by the department. Moneys in the fund may be used for:
(1) Personnel and operating expenses;
(2) Staff development, training, fees, and expenses; and
(3) Litigation expenses, including but not limited to transcript costs, and interpretation and translation services.
(c) The unencumbered balance of the fund exceeding $500,000 at the end of every fiscal year shall be deposited into the general fund on or about June 30 every year. [L 2018, c 187, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 371. Department of Labor and Industrial Relations › 371-13 Cooperation with federal agencies.

§371-13 Cooperation with federal agencies.
The department of labor and industrial relations may assist and cooperate with the wage and hour division, United States Department of Labor, in the enforcement within this State of the Fair Labor Standards Act of 1938, and, subject to regulations of the administrator of the wage and hour division and the laws of the State applicable to the receipt and expenditure of money, may be reimbursed by the division for the reasonable cost of such assistance and cooperation. [L 1939, c 237, §1(17); RL 1945, §4120; RL 1955, §88-21; am L Sp 1959 2d, c 1, §27; HRS §371-13]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 371. Department of Labor and Industrial Relations › 371-15 Manpower planning administrator.

§371-15 Manpower planning administrator.
The position of manpower planning administrator which shall be exempt from chapter 76 is established within the department of labor and industrial relations. The manpower planning administrator shall be appointed by the director with the concurrence of the state manpower services council. The manpower planning administrator shall supervise and direct operations and functions of the office of manpower planning within the department of labor and industrial relations. The administrator shall also serve as executive director of the state manpower services council as established under the Federal Comprehensive Employment and Training Act of 1973, as amended. [L 1976, c 14, §1; gen ch 1985; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 371. Department of Labor and Industrial Relations › 371-16 Employers and entities offering long-term care insurance policies.

§371-16 Employers and entities offering long-term care insurance policies.
(a) No later than July 1, 2000, every employer, labor organization, retiree organization, or other entity specified under the definition of "group long-term care insurance" under section 431:10H-104, may apply the guidelines set out in title 29, Code of Federal Regulations, section 2510.3-1(j), as amended, if the employer chooses to offer group or group-type long-term care insurance as a benefit to employees in compliance with the federal Employee Retirement Income Security Act of 1974.
(b) Beginning July 1, 2000, every insurer, if it chooses, shall be allowed by every employer, labor organization, retiree organization, or other entity specified under the definition of "group long-term care insurance", if they choose, to publicize one or more long-term care insurance policies that are made available under section 431:10H-401.
(c) This section shall not be construed to affect the marketing by insurers of individual long-term care insurance policies to an employer, labor organization, retiree organization, or other entity specified under the definition of "group long-term care insurance" under section 431:10H-104. [L 1999, c 93, §3]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 371. Department of Labor and Industrial Relations › 371-17 Millennium workforce development training program.

§371-17 Millennium workforce development training program.
(a) There is established a millennium workforce development training program, hereinafter referred to as the program, that shall be placed with the department of business, economic development, and tourism for administrative purposes. The program shall provide education and training at the post-high school to graduate levels, and shall include public, private, and for-profit educational institutions. In the design and delivery of training, the program may cooperate or contract with other public, private, and for-profit institutions.
(b) The program shall seek and encourage partnerships with private sector industries such as biotechnology, information technology, environmental science and technology, and telecommunications, as may be appropriate, to provide pre-employment or employment training, or on-the-job training for employees and prospective employees.
(c) The department of business, economic development, and tourism shall establish and lead a public and private partnership task group, that shall include representatives from the department of labor and industrial relations, the University of Hawaii at Manoa, the University of Hawaii community colleges, and private sector representatives to advise on the program design, industry, recruitment, and training delivery activities of participating entities.
(d) In carrying out the duties of this section, the department of business, economic development, and tourism and the University of Hawaii shall seek and utilize any available funding sources, including grant moneys. [L 1999, c 178, §12; am L 2001, c 249, §1]
Note
Skilled worker and business development center at each University of Hawaii community college. L Sp 2009, c 34.