reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-12 Requirement to post work availability online.

§383-12 Requirement to post work availability online.
To meet the online registration for work requirements under section 383-29(a), the department shall:
(1) Allow an individual to post the required information independently on the department's internet job-matching system; or
(2) Accept information provided by the individual in the form prescribed by the department, and enter the necessary information on the department's internet job-matching system for the individual.
The employment office shall provide the necessary information to the unemployment office for the purpose of determining whether the individual's registration for work requirements have been met. [L 2010, c 76, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-21 Payment of benefits.

§383-21 Payment of benefits.
All benefits provided herein shall be payable from the fund. All benefits shall be paid through employment offices, in accordance with such regulations as the department of labor and industrial relations may prescribe. [L 1939, c 219, §3(b); am L 1941, c 304, §1, pt of subs 15; RL 1945, §4214; RL 1955, §93-20; am L Sp 1959 2d, c 1, §27; HRS §383-21]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-23 Weekly benefit for unemployment.

§383-23 Weekly benefit for unemployment.
For weeks beginning prior to January 5, 1992, each eligible individual who is unemployed, as defined in section 383-1, in any week shall be paid with respect to that week a benefit in an amount equal to the individual's weekly benefit amount less that part of the wages (if any) payable to the individual with respect to that week which is in excess of $2. Effective for weeks beginning January 5, 1992, and thereafter, each eligible individual who is unemployed, as defined in section 383-1, in any week shall be paid with respect to that week a benefit in an amount equal to the individual's weekly benefit amount less that part of the wages (if any) payable to the individual with respect to that week which is in excess of $50. Effective for weeks beginning January 1, 2008, and thereafter, each eligible individual who is unemployed, as defined in section 383-1, in any week shall be paid with respect to that week a benefit in an amount equal to the individual's weekly benefit amount less that part of the wages, if any, payable to the individual with respect to that week which is in excess of $150. The benefit, if not a multiple of $1, shall be computed to the next higher multiple of $1. [L 1939, c 219, §3(d); am L 1941, c 304, §1, pt of subs 15; RL 1945, §4216; am L 1951, c 195, §1(4); am L 1955, c 16, §1(a); RL 1955, §93-22; HRS §383-23; gen ch 1985; am L 1986, c 162, §2; am L 1991, c 68, §4; am L 2007, c 110, §2]
Case Notes
Probationary teachers were not unemployed during summer, when wages were paid although services were not required. 56 H. 590, 546 P.2d 1 (1976).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-23.5 Retirement payments.

§383-23.5 Retirement payments.
(a) For any week with respect to which an individual is receiving a pension (which shall include a governmental or other pension, retirement or retired pay, annuity, or any other similar periodic payment) under a plan maintained or contributed to by a base period or chargeable employer (as determined under applicable law), the weekly benefit amount payable to the individual for the week shall be reduced (but not below zero):
(1) By one-half the prorated weekly amount of the pension if at least half but less than one hundred per cent of the contributions to the plan were provided by the individual;
(2) By the entire prorated weekly amount of the pension if paragraph (1) or paragraph (3) does not apply; or
(3) By no part of the pension if the entire contributions to the plan were provided by the individual, or by the individual and an employer (or any other person or organization) who is not a base period or chargeable employer as determined under applicable law.
(b) No reduction shall be made under this section by reason of the receipt of a pension if the services performed by the individual during the base period (or remuneration received for the services) for the employer did not affect the individual's eligibility for, or increase the amount of, the individual's pension, retirement or retired pay, annuity, or similar payment.
(c) Subsections (a) and (b) shall only apply to new claims filed with an effective date prior to July 1, 2005.
(d) With respect to new claims filed with an effective date beginning on or after July 1, 2005:
(1) For any week with respect to which an individual is receiving a pension under a plan maintained or contributed to by a base period or chargeable employer, the weekly benefit amount payable to the individual for the week shall be reduced (but not below zero) by an amount equal to the amount of the pension which is reasonably attributable to that week. For this paragraph to apply, the services performed for the employer by the individual in the base period (or remuneration for the services) must affect eligibility for, or increase the amount of the pension; and
(2) Paragraph (1) shall not apply to any pension if the individual has made any contribution to the plan maintained by the base period or chargeable employer.
(e) Notwithstanding any provision under this section, the amount of any pension, retirement or retired pay, annuity, or other similar periodic payment under the Social Security Act or the Railroad Act of 1974 shall not result in a reduction of the weekly benefit amount payable to an individual under this section. [L 1980, c 117, §1; am L 1981, c 196, §1; am L 2005, c 106, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-24 Maximum potential benefits.

§383-24 Maximum potential benefits.
The maximum potential benefits of an eligible individual in a benefit year shall be twenty-six times the eligible individual's weekly benefit amount. [L 1939, c 219, §3(e); am L 1941, c 304, §1, pt of subs 15; RL 1945, §4217; am L 1955, c 16, §1(a); RL 1955, §93-23; am L 1965, c 250, §1(b); HRS §383-24; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-29.5 Benefits during training.

§383-29.5 Benefits during training.
(a) Notwithstanding any other provisions of this chapter, no otherwise eligible individual shall be denied benefits for any week because that individual is in training approved under section 236(a)(1) of the Trade Act of 1974, because an individual left work to enter the training (provided the work left is not suitable employment), or because of the application to any week in training of provisions in this chapter (or any applicable federal unemployment compensation law) relating to availability for work, active search for work, or refusal to accept work.
(b) For purposes of this section, the term "suitable employment" means with respect to an individual, work of a substantially equal or higher skill level than the individual's past adversely affected employment (as defined for purposes of the Trade Act of 1974), and wages for such work at not less than eighty per cent of the individual's average weekly wage as determined for the purposes of the Trade Act of 1974. [L 1982, c 58, §6; am L 1983, c 124, §10]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-29.6 Partial unemployment; eligibility.

§383-29.6 Partial unemployment; eligibility.
A new claim or an initial additional claim for partial unemployment benefits may be filed as the department prescribes for any week only if the individual:
(1) Is a full-time worker;
(2) Is attached to a regular employer, as defined in section 383-1;
(3) Worked less than or did not work the individual's normal, customary full-time hours, as defined in section 383-1, for that week;
(4) Had no earnings or earned less than the individual's weekly benefit amount for that week; and
(5) Was unemployed due to a lack of full-time work, as defined in section 383-1, for that week. [L 2009, c 170, pt of §2, §7; am L 2010, c 76, §3; am L 2011, c 165, §5]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-29.7 Partial unemployment; claim filing requirements, determinations.

§383-29.7 Partial unemployment; claim filing requirements, determinations.
(a) Claims for partial unemployment shall be filed according to section 383-32.
(b) Continued claim certifications for partial unemployment benefits shall be filed in the same manner and extent that apply to total or part-total unemployment benefits. [L 2009, c 170, pt of §2, §7; am L 2010, c 76, §3; am L 2011, c 165, § §3, 5; am L 2021, c 1, §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-29.8 Partial unemployment; waivers.

§383-29.8 Partial unemployment; waivers.
(a) The registration for work requirements under section 383-29(a) shall be waived for individuals who are partially unemployed, as defined in section 383-1.
(b) An individual shall be exempted from the work search requirements as determined by rules of the department, or be subject to modified work search requirements as authorized by the department if the individual is waived from the registration for work requirements, as defined in section 383-1. [L 2009, c 170, pt of §2, §7; am L 2010, c 76, §3; am L 2011, c 165, § §4, 5]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-29.9 Partial unemployment; reporting requirements.

§383-29.9 Partial unemployment; reporting requirements.
(a) An employer to whom a claimant for partial unemployment is still attached shall submit verification of earnings and satisfy all low earnings reporting requirements in subsection (b) and rules of the department for each week that the claimant certifies for partial unemployment benefits.
(b) Low earnings reports shall be submitted as follows:
(1) Whenever, during any weekly pay period in an individual's benefit year, an individual has worked less than full-time hours for the regular employer to which the individual is attached, and the individual's earnings are less than the individual's current weekly benefit amount, the individual's employer, upon request by the department shall:
(A) Enter the individual's name, social security account number, gross earnings, week-ending date, and the reasons for the individual's reduced workweek on a form provided or approved by the department and return the form to the unemployment insurance office as instructed within five working days after the notice of an individual's benefit amount has been mailed to the employer as to all prior weeks for which benefits are claimed. Thereafter, during the benefit year, the employer shall report within five working days after the end of each week or weekly pay period for which the low earnings reports are required; or
(B) Furnish the individual personally with the information on a form provided or approved by the department and the individual shall be responsible to submit the report to the unemployment insurance office within five working days after the end of each week or weekly pay period or as instructed by the department.
(2) If the employer or individual fails to submit the low earnings report as prescribed in paragraph (1)(A) or (B) within the time specified by the department, the department shall determine the individual's eligibility for any week's benefits claimed based on the individual's certification of employment and earnings. [L 2009, c 170, pt of §2, §7; am L 2010, c 76, §3; am L 2011, c 165, §5]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-31 Posting of information.

§383-31 Posting of information.
Each employer shall post and maintain in places readily accessible to individuals in the employer's employ printed statements concerning benefit rights, claims for benefits, and such other matters relating to the administration of this chapter as the department of labor and industrial relations may by regulation prescribe. Each employer shall supply to such individuals copies of such printed statements or other materials relating to claims for benefits when and as the department may by regulation prescribe. Such printed statements and other materials shall be supplied by the department to each employer without cost to the employer. [L 1939, c 219, §6(a); am L 1941, c 304, §1, pt of subs 18; RL 1945, §4232; RL 1955, §93-30; am L Sp 1959 2d, c 1, §27; HRS §383-31; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-32 Filing of claim.

§383-32 Filing of claim.
Claims for benefits shall be made in accordance with such regulations as the department of labor and industrial relations may prescribe. [L 1939, c 219, §6(b); am L 1941, c 304, §1, pt of subs 18; RL 1945, §4233; RL 1955, §93-31; am L Sp 1959 2d, c 1, §27; HRS §383-32]
Case Notes
Department is under no duty to maximize amount of benefits that applicant is entitled to by alerting applicant to possible alternatives. 55 H. 250, 517 P.2d 773 (1973).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-33 Determinations, in general.

§383-33 Determinations, in general.
(a) A determination upon a claim filed pursuant to section 383-32 shall be made promptly by a representative of the department of labor and industrial relations authorized to make determinations upon claims and shall include a statement as to whether and in what amount the individual is entitled to benefits for the week with respect to which the determination is made and, in the event of a denial, shall state the reasons therefor. A determination with respect to the first week of a benefit year shall also include a statement as to whether the individual has been paid the wages required under section 383-29(a)(5) and, if so, the first day of the benefit year, the individual's weekly benefit amount, and the maximum total amount of benefits payable to the individual with respect to such benefit year.
(b) If any employer fails to furnish the information necessary to determine whether and in what amount the individual is entitled to benefits in the manner and within the time specified by this chapter or regulations of the department, the department shall make a determination based upon such information as is available. Prior to October 1, 2013, in the absence of fraud, any redetermination made on the basis of information furnished by the employer after the prescribed period shall be effective only as to benefits paid after the week in which the information was received. In the absence of a showing by the employer satisfying the department that the employer could not reasonably comply with the department's requirement, any benefits overpaid prior to the effective date of the redetermination as a result of the employer's failure to furnish the information as required shall be charged entirely against the account of the noncomplying employer; provided that the overpaid benefits shall not, in any event, be recoverable from the individual. Any redetermination issued on or after October 1, 2013, on the basis of information furnished by the employer or the agent of the employer after the prescribed period shall be effective upon the date of the redetermination. The entire amount of benefits overpaid due to the employer's or agent of the employer's failure to respond timely or adequately to the agency's request for information as required shall be charged against the account of the noncomplying employer. [L 1939, c 219, §6(c); am L 1941, c 304, §1, pt of subs 18; RL 1945, §4234; am L 1955, c 51, §1(4); RL 1955, §93-32; am L Sp 1959 2d, c 1, §27; HRS §383-33; am L 1968, c 4, §2; am L 1971, c 187, §5; gen ch 1985; am L 2013, c 3, §2]
Case Notes
Applies where employer fails to submit a wage and separation report, not where employer submits erroneous information of claimant's earnings. 68 H. 349, 714 P.2d 520 (1986).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-35 Appeal pending when redetermination issued.

§383-35 Appeal pending when redetermination issued.
In the event that an appeal involving a determination or a prior redetermination is pending as of the date a redetermination thereof is issued, the appeal, unless withdrawn, shall be treated as an appeal from such redetermination. [L 1941, c 304, §1, pt of subs 18; RL 1945, §4236; RL 1955, §93-34; HRS §383-35]
Rules of Court
Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(12).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-36 Notice of determinations.

§383-36 Notice of determinations.
Notice of a determination or redetermination upon a claim shall be promptly given to the claimant, by delivery thereof or by mailing the notice to the claimant's last known address. In addition, notice of a determination or redetermination with respect to the first week of a benefit year shall be given to each employer by whom the claimant was employed during the claimant's base period, and to the last employing unit by whom the claimant was employed, and notice of any determination or redetermination which involves the application of section 383-30 shall be given to the last employing unit by whom the claimant was employed, in every case by delivery thereof to such party or by mailing the notice to the party's last known address. [L 1941, c 304, §1, pt of subs 18; RL 1945, §4237; am L 1953, c 22, §1(5); RL 1955, §93-35; HRS §383-36; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-37 Appeal tribunal.

§383-37 Appeal tribunal.
Appeals from determinations and redeterminations with respect to benefits shall be heard by an impartial referee for unemployment compensation appeals, who shall serve as the appeal tribunal. The referee shall be appointed as provided by section 383-98. [L 1941, c 304, §1, pt of subs 18; RL 1945, §4238; RL 1955, §93-36; HRS §383-37]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-39 Procedure.

§383-39 Procedure.
The representatives of the department of labor and industrial relations authorized to make determinations upon claims and the referee shall not be bound by common law or statutory rules of evidence or by technical rules of procedure, but any hearing or appeal before the same shall be conducted in such manner as to ascertain the substantial rights of the parties. The director of labor and industrial relations shall adopt reasonable regulations governing the manner of filing appeals and the conduct of hearings and appeals, consistent with this chapter and chapter 91. When the same or substantially similar evidence is relevant and material to the matters in issue in claims by more than one individual or in claims by a single individual with respect to two or more weeks of unemployment, the same time and place for considering each such claim may be fixed, hearings thereon jointly conducted, a single record of the proceedings made, and evidence introduced with respect to one proceeding considered as introduced in the others; provided that in the judgment of the representative or referee having jurisdiction of the proceeding, such consolidation would not be prejudicial to any party. No person shall participate on behalf of the department in any case in which the person has a direct or indirect interest. A record shall be kept of all testimony and proceedings in connection with an appeal, but the testimony need not be transcribed unless further review is initiated. Witnesses subpoenaed pursuant to this section shall be allowed fees at a rate fixed by the department and fees of witnesses subpoenaed on behalf of the department or any claimant shall be deemed part of the expense of administering the chapter. [L 1939, c 219, §6(d), (f); am L 1941, c 304, §1, pt of subs 18; RL 1945, §4240; RL 1955, §93-38; am L Sp 1959 2d, c 1, §27; am L 1965, c 96, §70; HRS §383-39; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-40 Conclusiveness of determinations and decisions.

§383-40 Conclusiveness of determinations and decisions.
Except insofar as reconsideration of any determination or redetermination is had under sections 383-33 to 383-36, any right, fact, or matter in issue, directly passed upon or necessarily involved in a determination or redetermination which has become final, or in a decision on appeal under sections 383-37 to 383-42 which has become final, shall be conclusive for all the purposes of this chapter as between the department of labor and industrial relations, the claimant, and all employing units who had notice of such determination, redetermination, or decisions. [L 1941, c 304, §1, pt of subs 18; RL 1945, §4241; RL 1955, §93-39; am L Sp 1959 2d, c 1, §27; HRS §383-40]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-41 Judicial review.

§383-41 Judicial review.
The director of labor and industrial relations or any party to the proceedings before the referee may obtain judicial review of the decision of the referee in the manner provided in chapter 91, by instituting proceedings in the circuit court of the circuit in which the claimant resides or in which the claimant was last employed. In any such court proceedings, every other party to the proceeding before the referee shall be made a party respondent. The director shall be deemed to be a party to any such proceeding. The proceedings shall be heard in a summary manner and shall be given precedence over all other civil cases except proceedings arising under the workers' compensation law of the State. Proceedings for review by the intermediate appellate court may be taken and had in the same manner as is provided for a review of a judgment of a circuit court. No bond shall be required as a condition of initiating a proceeding for judicial review or initiating proceedings for review by the intermediate appellate court. Upon the final termination of any judicial proceeding, the referee shall enter an order in accordance with the mandate of the court. [L 1939, c 219, §6(i); am L 1941, c 304, §1, pt of subs 18; RL 1945, §4242; RL 1955, §93-40; am L 1965, c 96, §71; HRS §383-41; am L 1975, c 41, §1; am L 2004, c 202, §39; am L 2006, c 94, §1; am L 2010, c 109, §1]
Cross References
Judicial review, see § §91-14, 91-15.
Rules of Court
Appeal to circuit court, see HRCP rule 72; appeal to supreme court, see Hawaii Rules of Appellate Procedure.
Case Notes
Cited: 866 F. Supp. 459 (1994); 44 H. 93, 97, 352 P.2d 856 (1960).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-42 Representation.

§383-42 Representation.
The department of labor and industrial relations shall be a party and be entitled to notice in any proceeding involving a claim for benefits before the referee. In any proceeding for judicial review pursuant to section 383-41, the department may be represented by any qualified attorney employed by the department and designated by it for that purpose, or at the department's request by the attorney general. [L 1939, c 219, §6(h); am L 1941, c 304, §1, pt of subs 18; RL 1945, §4243; RL 1955, §93-41; am L Sp 1959 2d, c 1, §27; HRS §383-42]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-43 Payment of benefits.

§383-43 Payment of benefits.
Benefits shall be paid promptly in accordance with a determination, redetermination, or decision on appeal. No injunction, supersedeas, or stay suspending the payment of benefits in accordance with the determination, redetermination, or decision on appeal shall be issued by any court, but if the decision is finally reversed, benefits shall not be paid for any subsequent weeks of unemployment involved in such reversal. [L 1941, c 304, §1, pt of subs 18; RL 1945, §4244; am L 1955, c 51, §1(6); RL 1955, §93-42; HRS §383-43; am L 1972, c 4, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-44 Recovery of benefits paid.

§383-44 Recovery of benefits paid.
(a) Any individual who has received any amount as benefits under this chapter to which the individual was not entitled shall be liable for the amount unless the overpayment was received without fault on the part of the recipient and its recovery would be against equity and good conscience. Notice of redetermination in these cases shall specify that the individual is liable to repay to the fund the amount of overpaid benefits, the basis of the overpayment, and the week or weeks for which the benefits were overpaid.
(b) Determinations or redeterminations dated on or after October 1, 2013, that an individual has been overpaid benefits under any state or federal unemployment compensation program and is disqualified under section 383-30(5) shall include a penalty assessment amount equal to fifteen per cent of the overpaid amount. Penalty assessments collected under this section shall be deposited in the unemployment compensation fund.
(c) The individual liable, in the discretion of the department, shall repay the overpaid amount and the penalty assessment amount to the department for the fund or have the overpaid amount only deducted from any future benefits payable to the individual under this chapter within two years after the date of mailing of the notice of redetermination or the final decision on an appeal from the redetermination. Effective April 1, 2013, the overpaid benefits amount and the penalty assessment amount, costs, and administrative fees may be deducted from federal income tax refunds.
(d) Notwithstanding any other provision of this chapter, the department, by agreement with another state or the United States as provided under section 303(g) of the Social Security Act, may recover any overpayment of benefits paid to any individual under the laws of this State or of another state or under an unemployment benefit program of the United States. Any overpayments subject to this subsection may be deducted from any future benefits payable to the individual under the laws of this State or of another state or under an unemployment program of the United States. The penalty assessment amount shall not be subject to recovery by deduction from future benefits payable.
(e) In any case in which under this section an individual is liable to repay any amount to the department, the overpaid benefits amount, the penalty assessment amount, costs, and administrative fees shall be collectible without interest by civil action in the name of the State by the attorney general. [L 1939, c 219, §15; RL 1945, §4292; am L 1953, c 22, §1(3); am L 1955, c 51, §1(5); RL 1955, §93-43; am L 1959, c 232, §1; am L Sp 1959 2d, c 1, §27; HRS §383-44; gen ch 1985; am L 1993, c 176, §1; am L 2013, c 3, §3]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-45 Governing provisions.

§383-45 Governing provisions.
The procedure with respect to the filing of claims and with respect to determination and redeterminations thereupon and with respect to appeals from such determinations and redeterminations and with respect to judicial review of decisions on such appeals shall be governed by sections 383-31 to 383-43, any other provisions of this chapter or of chapter 371 to the contrary notwithstanding. [L 1941, c 304, §1, pt of subs 18; RL 1945, §4245; RL 1955, §93-44; HRS §383-45]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-61.5 Special assessments on employers to pay interest on loans from Secretary of Labor.

§383-61.5 Special assessments on employers to pay interest on loans from Secretary of Labor.
Whenever the State requests a loan from the Secretary of Labor in accordance with title XII of the Social Security Act to pay expected benefit claims during a specified period of time, the director may assess all employers the amounts that are sufficient to pay the principal and interest costs on the loan; provided that the director develops a mechanism of distributing these payments among employers in a fair and equitable manner. [L 2010, c 2, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-64 Credits for contributions; destruction of employer accounts and records.

§383-64 Credits for contributions; destruction of employer accounts and records.
(a) The director shall maintain a separate account for each employer and shall credit the employer's account with all the contributions paid by the employer as of the date of payment. Nothing in this chapter shall be construed to grant any employer or individual in the employer's service prior claims or rights to the amounts paid by the employer into the fund.
(b) If an employer's account becomes inactive because services constituting employment are no longer performed for the employer and the account remains inactive for five consecutive calendar years, the account shall become void and may be destroyed, and, notwithstanding any provision to the contrary, the employer shall have no claim or right to the contributions credited to the account. [L 1939, c 219, §7(c)(1); am L 1941, c 304, §1, pt of subs 21; RL 1945, §4249; am L 1949, c 316, §1(3); RL 1955, §93-63; am L 1964, c 55, §5; HRS §383-64; am L 1969, c 14, §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-67 Reserve ratio.

§383-67 Reserve ratio.
For the calendar year 1970 and for each calendar year thereafter, an employer's reserve ratio shall be determined by dividing the employer's most recent reserve balance by the employer's most recent average annual payroll. The ratio shall be rounded to the nearest ten-thousandths. [L 1941, c 304, §1, pt of subs 21; RL 1945, §4252; am L 1945, c 19, §1(5); am L 1949, c 316, §1(4); am L 1951, c 195, §1(7); am L 1953, c 41, §1(9), (10); RL 1955, §93-66; am L 1964, c 55, §9; HRS §383-67; am L 1969, c 277, §2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-69 Procedure for rate determination.

§383-69 Procedure for rate determination.
The department of labor and industrial relations, as soon as is reasonably possible in each period, shall make its classification of employers for the period and notify each employer of the employer's rate of contributions for the period as determined pursuant to sections 383-63 to 383-69. The determination shall become conclusive and binding upon the employer unless the employer appeals the determination by filing a written notice of appeal within fifteen days after the mailing of notice of the determination to the employer's last known address. The appeal shall be heard by the referee in accordance with applicable provisions of sections 383-38 and 383-39 but no employer shall have standing, in any proceeding involving the employer's rate of contributions or contribution liability, to contest the chargeability to the employer's account of any benefits paid in accordance with a determination, redetermination, or decision pursuant to sections 383-31 to 383-43; provided that the services on the basis of which the benefits were found to be chargeable did not constitute services performed in employment for the employer and only if the employer was not a party to the determination, redetermination, or decision, or to any other proceedings under this chapter in which the character of the services was determined. The referee's determination shall become final unless a proceeding for judicial review in the manner provided in chapter 91 is commenced in the circuit court of the judicial circuit in which the employer resides or has the employer's principal place of business or in the circuit court of the first judicial circuit. An appeal may be taken from the decision of the circuit court to the intermediate appellate court, subject to chapter 602. Notwithstanding any other provision of this chapter, the director shall for calendar years 2021 and 2022 modify the annual computation to omit benefits charged for all employers to address the disruptions caused by the COVID-19 pandemic. [L 1941, c 304, §1, pt of subs 21; RL 1945, §4254; RL 1955, §93-68; am L 1965, c 96, §72; HRS §383-69; am L 1975, c 41, §1; gen ch 1985; am L 2004, c 202, §40; am L 2006, c 94, §1; am L 2010, c 109, §1; am L 2012, c 13, §1; am L 2021, c 1, §5]
Note
The 2021 amendment is retroactive to January 1, 2021. L 2021, c 1, §7.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-70 Contributions; levy; returns; assessments.

§383-70 Contributions; levy; returns; assessments.
(a) Contributions are hereby levied against employers as provided in this chapter. Except as may be provided to the contrary in accordance with such regulations as the department of labor and industrial relations may prescribe, contributions shall be paid quarterly on or before the last day of the month succeeding the last month of each quarter.
(b) Each employer shall make at the time and in the manner prescribed by the department a full, true, and correct report with respect to the wages paid by the employer, which report shall contain other information as may be prescribed by the department. For each calendar quarter beginning July 1, 1988, such report shall include wage information for each employee in accordance with such rules as the department may prescribe. The report shall be made by the employer even though the employer is not required to pay contributions.
(c) If any return filed is erroneous, or is so deficient as not to disclose the full liability, or if the employer disclaims liability for contributions with respect to any wages upon which contributions are required to be paid, the department shall assess the correct amount of contributions and shall notify the employer thereof; and if any employer fails, neglects, or refuses to make a return, the department shall proceed as it deems best to obtain information on which to base the assessment of contributions and shall assess the same and notify the employer thereof. The amount so assessed shall be paid on the twenty-first day after the notice was mailed, properly addressed to the employer at the employer's last known place of business.
(d) Notices of assessment of contributions, records of contributions assessed and payments thereon, and delinquent contributions lists showing unpaid contributions assessed against any employer shall be prima facie proof of the assessment of the person assessed, the amount of contributions due and unpaid, and the delinquency in payment, and that all requirements of law in relation to the assessment of the contributions have been complied with.
(e) If the department determines that any reason exists why the collection of any contributions accrued will be jeopardized by delaying collection, it may make an immediate assessment thereof and the director of labor and industrial relations may proceed to enforce collection immediately, but interest shall not begin to accrue upon any contributions until the date when such contributions would normally have become delinquent. [L 1939, c 219, §7(d); am L 1941, c 304, §1, pt of subs 22; RL 1945, pt of §4257; am L 1953, c 23, §1(1), (5); RL 1955, §93-69; am L 1957, c 115, §1(c); am L Sp 1959 2d, c 1, §27; am L 1967, c 19, §1; HRS §383-70; am L 1969, c 12, §1; gen ch 1985; am L 1986, c 32, §4]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-72 Priorities under legal dissolutions or distributions.

§383-72 Priorities under legal dissolutions or distributions.
In the event of any distribution of an employer's assets pursuant to an order of any court under the laws of this State, including any receivership, assignment for benefit of creditors, adjudicated insolvency, composition, or similar proceedings, contributions then or thereafter due shall be paid in full prior to all other claims except taxes and claims for wages of not more than $300 to each claimant, earned within six months of the commencement of the proceeding. In the event of an employer's adjudication in bankruptcy, judicially confirmed extension proposal, or composition, under the federal Bankruptcy Act of 1898, as amended, contributions then or thereafter due shall be entitled to such priority as is provided in section 64(a) of that Act (11 U.S.C. sec. 104(a)), as amended. [L 1939, c 219, §9(f); RL 1945, §4268; am L 1955, c 81, §1; RL 1955, §93-71; HRS §383-72]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-73 Penalty for delinquency; remission

§383-73 Penalty for delinquency; remission
. (a) A penalty of ten per cent or $100, whichever is greater, shall be added to the amount of all delinquent contributions, as hereafter defined, and any delinquent contribution and penalty remaining unpaid fifteen days after the date of delinquency shall bear interest from the date of delinquency at the rate of two-thirds of one per cent for each month or fraction of a month until paid. Any penalty and interest assessed pursuant to this section shall be added to the contribution and shall be collected as a part of the contribution. For the purposes of this section, a contribution shall be deemed delinquent:
(1) Upon a nonpayment thereof on the date prescribed for its payment, but only in case of failure to pay a contribution shown due by a return, or in case of failure to file a return, or in case of failure to pay a contribution because of a false or fraudulent return; and
(2) Upon nonpayment thereof within the time provided by subsection (c) of section 383-70, in any other case.
(b) Except in cases of fraud or wilful violation of this chapter, or wilful refusal to make a return, the director may, in a case of excusable failure to file a return, or pay a contribution within the time required by this chapter, or in a case of uncollectibility of the whole amount due, remit any amount of penalties or interest added to any delinquent contribution; provided that a claim of nonliability shall not be deemed as a refusal to make a return.
(c) The department shall keep a record of any remittance approved by the director.
(d) Whenever an employer makes a partial payment of a sum owed for delinquent contributions, penalties, and interest, the amount received by the director shall first be credited to interest, then to penalties, and then to principal. [L 1939, c 219, §7(f); am L 1941, c 304, §1, subs 24; RL 1945, §4259; am L 1951, c 123, §1; am L 1953, c 23, §1(4); RL 1955, §93-72; am L 1957, c 205, §1(b); HRS §383-73; gen ch 1985; am L 2020, c 44, §4]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-74 Appeal; correction of assessment or contributions.

§383-74 Appeal; correction of assessment or contributions.
Any person aggrieved by any assessment of a contribution or a penalty or contributions assessed pursuant to this chapter, having paid the contribution or penalty, may appeal from the assessment by filing a written notice of appeal with the department within twenty days after the date of mailing of the notice of assessment to the person's last known address. The appeal shall be heard by the referee in accordance with applicable provisions of sections 383-38 and 383-39. Any amount determined to have been erroneously paid as a result of the final determination of the appeal in favor of the employing unit, or as a result of a final judgment for the employing unit in an action brought pursuant to section 40-35, shall be refunded, without interest and without the addition of any other charges, in the same manner as other refunds under this chapter. Notwithstanding any other provisions of law to the contrary, any amount which is paid under protest or which is covered by any appeal or action referred to in this section shall not be held as a special deposit, but the amount shall in all respects be subject to sections 383-122 and 383-127 to the same effect as though the amount had not been paid under protest and was not covered by the appeal or action. [L 1939, c 219, §7(g); am L 1941, c 304, §1, subs 25; RL 1945, §4260; RL 1955, §93-73; am L Sp 1957, c 1, §29; am L Sp 1959 2d, c 1, § §14, 27; am L 1963, c 114, §1; HRS §383-74; am L 1969, c 129, §1; gen ch 1985; am L 1987, c 119, §3]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-75 Compromise.

§383-75 Compromise.
In case there is at any time any dispute with respect to the liability, for any period or periods, of any employing unit or employing units for the payment of any contribution or contributions under this chapter which have not been paid, or for the payment of any additional amount or amounts on account of any contribution or contributions for such period or periods over and above the amount or amounts theretofore paid by the employing unit or employing units, the department of labor and industrial relations may settle and compromise the dispute upon such terms as shall be approved by the department; provided that if the issues involved in any such dispute have been referred to the attorney general then no settlement and compromise thereof shall be made without the approval of the attorney general. Any settlement and compromise made pursuant to this section shall be binding upon the department, and the employing unit or employing units which are parties thereto. Any such settlement and compromise may include the waiver of the contributions in dispute for any portion or portions of the period or periods in question, the waiver of any percentage of the contribution or contributions in dispute, the waiver of interest, or the waiver of penalties. Any such compromise and settlement may be made prior to or after any assessment pursuant to section 383-70 or the commencement of proceedings under section 383-71. Nothing in this section shall be deemed to authorize the compromise of any issue which has become finally determined. [L 1941, c 304, §1, subs 26; RL 1945, §4261; RL 1955, §93-74; am L Sp 1959 2d, c 1, §27; HRS §383-75]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-77 Employers' coverage, election.

§383-77 Employers' coverage, election.
Any employing unit, for which services that do not constitute employment as defined in this chapter are performed, may file with the department of labor and industrial relations a written election that all such services performed with respect to which payments are not required under an employment security law of any other state or of the federal government, and which are performed by individuals in its employ in one or more distinct establishments or places of business, shall be deemed to constitute employment by an employer for all of the purposes of this chapter for not less than two calendar years.
Upon the written approval of the election by the department, the services shall be deemed to constitute employment subject to this chapter from the first day of the calendar quarter in which the approval is granted. The services shall cease to be deemed employment subject hereto as of January 1 of any calendar year subsequent to such two calendar years, only if at least thirty days prior to such first day of January the employing unit has filed with the department a written notice to that effect. [L 1939, c 219, §8; am L 1941, c 304, §1, subs 27; am L 1943, c 160, §1, subs 8; RL 1945, §4262; RL 1955, §93-76; am L 1957, c 74, §2(2); am L Sp 1959 2d, c 1, §27; HRS §383-77; am L 1969, c 7, §1; am L 1982, c 20, §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-79 Combining services performed for predecessor and successor employing units.

§383-79 Combining services performed for predecessor and successor employing units.
If any employing unit succeeds to or acquires the organization or business of another, the number of employees performing a service and the number of weeks during which the service is performed for the predecessor and successor shall be combined for the purpose of determining whether the service is subject to this chapter if the service is agricultural labor or service described in section [383-7(a)(4)(B)(ii)]. [L 1963, c 174, §2; Supp, §93-78; am L 1967, c 51, §2; HRS §383-79]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-80 Income tax refund offsets.

§383-80 Income tax refund offsets.
Effective April 1, 2013, any employer in default of contributions, advance payments, or reimbursement may be subject to offset of federal tax refund payments of the amount owed, including penalties, interest, costs, and administrative fees. [L 2013, c 3, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-92 Rules and regulations.

§383-92 Rules and regulations.
The director of labor and industrial relations may adopt, amend, or repeal such rules and regulations as the director deems necessary or suitable for the administration of this chapter. The rules and regulations when prescribed in accordance with chapter 91 shall have the force and effect of law and shall be enforced in the same manner as this chapter.
Any interested person may petition for an amendment or repeal of such rule or regulation as provided in section 91-6. [L 1939, c 219, §10(d); am L 1941, c 304, §1, pt of subs 32; RL 1945, §4270; am L 1951, c 195, §1(13); RL 1955, §93-91; am L 1965, c 96, §73; HRS §383-92; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-92.5 Worker profiling.

§383-92.5 Worker profiling.
The department shall establish and utilize a system of profiling all new claimants for regular compensation in compliance with section 4 of the Unemployment Compensation Amendments of 1993 (P.L. 103-152) that:
(1) Identifies which claimants will be likely to exhaust regular compensation and will need job search assistance services to make a successful transition to new employment;
(2) Refers claimants identified pursuant to paragraph (1) to reemployment services, such as job search assistance services, available under any state or federal law;
(3) Collects follow-up information relating to the services received by these claimants and the employment outcomes for these claimants subsequent to receiving the services, and utilizes this information in making identifications pursuant to paragraph (1); and
(4) Meets other requirements that the Secretary of Labor deems appropriate. [L 1994, c 112, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 383. Hawaii Employment Security Law › 383-93 Investigation of unemployment hazard.

§383-93 Investigation of unemployment hazard.
The department of labor and industrial relations shall investigate and report upon the degree of unemployment hazard in various industries and occupations and shall recommend to employers in industries or occupations showing an unusual unemployment hazard means for stabilizing employment. It shall also, if necessary, recommend to the legislature a higher rate of tax for any classification of industries or occupations in which unemployment is excessive. [L 1939, c 219, §10(f); am L 1941, c 304, §1, pt of subs 32; RL 1945, §4271; RL 1955, §93-92; am L Sp 1959 2d, c 1, §27; HRS §383-93]