reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 21 - SERVICE CREDIT: EXCLUSION FROM MEMBERSHIP OF CERTAIN EMPLOYEES › Subchapter 2 - COMPUTATION OF ONE YEAR OF SERVICE › Section 6-21-8 - Part-time employees

Current through June, 2024
(a) For part-time
				  employees who are included in the membership of the system, twelve months of
				  part-time service shall be considered a year of service.
(b) If an employee has service comprised of
				  periods including both part-time and full-time employment, the part-time
				  service shall be converted to full-time equivalent service or vice-versa, for
				  the purpose of determining average final compensation and the retirement
				  allowance payable. Whatever method of conversion is used, the part-time or
				  full-time service shall conform to the same basis of part-time or full-time
				  salary used to determine average final compensation; provided that if the
				  employee is employed on the same part-time basis throughout the member's
				  membership, no conversion to full-time equivalent is required and the average
				  final compensation shall be based on the part-time salary.
(c) A fractional month of employment shall be
				  considered a month of part-time service if it meets the requirement of section
				  6-21-4.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 21 - SERVICE CREDIT: EXCLUSION FROM MEMBERSHIP OF CERTAIN EMPLOYEES › Subchapter 2 - COMPUTATION OF ONE YEAR OF SERVICE › Section 6-21-8.1 - Average final compensation

Current through June, 2024
For the purpose of computing average final compensation, a
					 year of credited service means a period of twelve consecutive months of
					 service; provided that if a fraction of a month is considered a full month of
					 service, the actual compensation, pay, or salary paid for the month shall be
					 used in the computation.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 21 - SERVICE CREDIT: EXCLUSION FROM MEMBERSHIP OF CERTAIN EMPLOYEES › Subchapter 3 - CONVERSION OF UNUSED SICK LEAVE TO ADDITIONAL SERVICE CREDIT › Section 6-21-9 - Unused sick leave defined

Current through June, 2024
Unused sick leave means the number of working days of sick
					 leave which has been accumulated by the member in accordance with existing
					 statutes, rules, regulations or collective bargaining agreements, and which
					 remains unused at the time the member retires or terminates
					 service.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 21 - SERVICE CREDIT: EXCLUSION FROM MEMBERSHIP OF CERTAIN EMPLOYEES › Subchapter 3 - CONVERSION OF UNUSED SICK LEAVE TO ADDITIONAL SERVICE CREDIT › Section 6-21-10 - Limitations

Current through June, 2024
(a) Unused sick leave shall be converted to
				  additional service credit only if the member has at least sixty days of that
				  leave for each term of membership service at the time the member retires or
				  terminates service.
(b) Additional
				  service credit derived from the conversion of unused sick leave shall be used
				  only for the purpose of computing retirement allowances and shall not be used
				  to meet any length of service requirement, such as eligibility for retirement,
				  the election of mode of retirement or for establishing vested benefit
				  status.
(c) The conversion of
				  unused sick leave to additional service credit shall apply only to members
				  retiring or terminating service in good standing after July 1, 1975.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 21 - SERVICE CREDIT: EXCLUSION FROM MEMBERSHIP OF CERTAIN EMPLOYEES › Subchapter 3 - CONVERSION OF UNUSED SICK LEAVE TO ADDITIONAL SERVICE CREDIT › Section 6-21-11 - Conversion rate

Current through June, 2024
(a) Unused sick
				  leave accumulated other than on the basis of working days shall be converted
				  into working days at the rate of one working day for each eight hours, or in
				  the case of firefighters who are employed on twenty-four hour work shifts, at
				  the rate of two and one-tenth working days for each working shift.
(b) For the purpose of computing retirement
				  allowance, unused sick leave shall be converted into additional service credit
				  at the rate of one additional month of service for each twenty days of sick
				  leave with any remaining balance of ten or more days being equal to another
				  additional month of service.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 21 - SERVICE CREDIT: EXCLUSION FROM MEMBERSHIP OF CERTAIN EMPLOYEES › Subchapter 3 - CONVERSION OF UNUSED SICK LEAVE TO ADDITIONAL SERVICE CREDIT › Section 6-21-12 - Certification

Current through June, 2024
On such form as may be prescribed by the system, or on such
					 form as is being used by the employing agency, the agency responsible for the
					 maintenance of sick leave records shall certify the amount of unused sick leave
					 at the time of retirement or termination of service of the
					 member.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 21 - SERVICE CREDIT: EXCLUSION FROM MEMBERSHIP OF CERTAIN EMPLOYEES › Subchapter 4 - EXCLUSION FROM MEMBERSHIP OF CERTAIN EMPLOYEES › Section 6-21-13 - Scope

Current through June, 2024
This subchapter shall govern the exclusion from membership
					 in the system of certain classes of employees who are employed on a part-time
					 or short-term basis and members of the legislature who do not elect to be
					 members of the system.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 21 - SERVICE CREDIT: EXCLUSION FROM MEMBERSHIP OF CERTAIN EMPLOYEES › Subchapter 4 - EXCLUSION FROM MEMBERSHIP OF CERTAIN EMPLOYEES › Section 6-21-14 - Employees excluded from membership

Current through June, 2024
The following classes of employees shall be excluded from
					 membership in the system:
(1) Persons
				  employed by the legislature or any committee thereof; except that legislative
				  employees employed on a full-time basis during and between sessions and any
				  member of the system on leave of absence to be employed by the legislature
				  during any legislative session shall be included in the membership of the
				  system as provided in sections
				  88-21 and
				  88-54,
				  Hawaii Revised Statutes;
(2)
				  Persons employed on short-term or temporary appointments of three months or
				  less;
(3) Persons employed as
				  substitute teachers;
(4) Persons
				  employed in part-time positions in adult education and evening class
				  programs;
(5) Persons in any
				  position requiring less than one-half or full-time employment, including but
				  not limited to, lecturers teaching less than seven credit hours per semester at
				  baccalaureate colleges of the University of Hawaii and lecturers teaching less
				  than eight credit hours per semester in the community colleges of the
				  University of Hawaii;
(6) Graduate
				  assistants of the University of Hawaii;
(7) Persons employed in any position where
				  employment is casual or intermittent and the percentage of full-time
				  equivalence is indeterminate; provided that after at least three months, any
				  person whose employment has been determined to average twenty or more hours per
				  week shall be included in the membership of the system;
(8) Members of the legislature who do not
				  elect to be members as provided in section
				  88-42,
				  Hawaii Revised Statutes; or
(9)
				  Students, including graduate school students, employed as student helpers,
				  student hires, student aides, summer student law clerks, college student
				  interns, or in similar non-permanent positions.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 21 - SERVICE CREDIT: EXCLUSION FROM MEMBERSHIP OF CERTAIN EMPLOYEES › Subchapter 4 - EXCLUSION FROM MEMBERSHIP OF CERTAIN EMPLOYEES › Section 6-21-15 - Acquisition of service credit by excluded employees

Current through June, 2024
(a) A
				  member shall not be eligible for service credit for any period of service as an
				  employee excluded from membership in the system.
(b) A member who rendered service in the
				  armed forces of the United States during the period 1941-1949 who was employed
				  by the Territory or a county at the time of induction into the armed forces but
				  was not included in the membership of the system, and who returned to
				  employment by the Territory or a county shall be eligible to purchase service
				  credit not to exceed four years for the period of military service between
				  1941-1949, if the member returned to employment with the Territory or a county
				  within five years after discharge from the armed forces.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 22 - CERTIFICATIONS AND FINDINGS OF THE MEDICAL BOARD OR DESIGNATED ENTITY › Section 6-22-1 - Scope

Current through June, 2024
This chapter shall govern the procedures for the
				  certifications and findings of the medical board or a designated entity
				  relating to applications for:
(1)
				Ordinary disability retirement under sections
				88-75,
				88-284,
				and
				88-334,
				HRS;
(2) Service-connected
				disability retirement under sections
				88-79,
				88-80,
				88-285,
				and 88336, HRS; and
(3) Accidental
				death benefits under sections 8885,
				88-286, and
				88-339,
				HRS.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 22 - CERTIFICATIONS AND FINDINGS OF THE MEDICAL BOARD OR DESIGNATED ENTITY › Section 6-22-3 - Examination of member

Current through June, 2024
(a) The medical
				board or a designated entity, as determined by the executive director on behalf
				of the system, shall investigate, review, and evaluate all medical reports
				submitted to it as well as the employer's report of the accident as submitted
				to the disability compensation division of the department of labor and
				industrial relations and the member's position description submitted by or on
				behalf of the member's employer.
(b) The applicant shall submit medical
				reports to the medical board or designated entity as provided in section
				6-26-7, including the physician's statement. The medical board or designated
				entity may, at its discretion, disregard any medical reports or other records
				submitted:
(1) More than sixty days after the
				application has been filed; or
(2)
				After any longer period of time that the medical board or designated entity
				expressly provides for the submission of medical reports or other records.
The medical board or designated entity may disregard any
				  medical reports or other records submitted to it after it has issued its
				  certifications and findings pursuant to section 6-22-8, except as provided in
				  section 6-22-10. The medical board or designated entity may or may not, at its
				  discretion, subject the member to a physical examination in arriving at its
				  certifications and findings on all matters referred to it.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 22 - CERTIFICATIONS AND FINDINGS OF THE MEDICAL BOARD OR DESIGNATED ENTITY › Section 6-22-4 - Engagement of other specialists

Current through June, 2024
The medical board or designated entity, if it deems
				  necessary, may at the expense of the system engage other physicians or
				  specialists, or both, to examine the member or review records as requested, or
				  both, and report their findings to the medical board or designated entity.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 22 - CERTIFICATIONS AND FINDINGS OF THE MEDICAL BOARD OR DESIGNATED ENTITY › Section 6-22-5 - Workers' compensation and Social Security Administration reports and findings

Current through June, 2024
Any determination of the disability compensation division of
				  the department of labor and industrial relations, the labor and industrial
				  relations appeals board, and the Social Security Administration relating to the
				  same incapacity for which the applicant or member is claiming a disability or
				  death benefit may be taken into consideration; however, that determination
				  shall not be binding upon the medical board, designated entity, or the system.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 22 - CERTIFICATIONS AND FINDINGS OF THE MEDICAL BOARD OR DESIGNATED ENTITY › Section 6-22-6 - Position description of member

Current through June, 2024
The determination of whether the member is incapacitated for
				  the further performance of duty shall be related to the duties prescribed in
				  the official position description of the employing agency in which the member
				  was employed at the time the accident which resulted in the condition occurred.
				  The medical board or designated entity may consider other probative and
				  credible evidence of the member's actual job duties.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 22 - CERTIFICATIONS AND FINDINGS OF THE MEDICAL BOARD OR DESIGNATED ENTITY › Section 6-22-7 - Pre-existing condition of member

Current through June, 2024
Permanent incapacity that is caused by or results from the
				  natural deterioration, degeneration, or progression of a non-service connected
				  pre-existing condition is not the natural and proximate result of an accident
				  nor is it the cumulative result of some occupational hazard. The medical board
				  or designated entity shall not consider, and the system shall not grant,
				  disability retirement benefits for a permanent incapacity that is caused by or
				  results from the natural deterioration, degeneration, or progression of a
				  non-service connected pre-existing condition. Whenever there is evidence of a
				  non-service connected pre-existing condition, the applicant shall have the
				  burden of proof, including the burden of producing evidence and the burden of
				  persuasion, of proving that the member's permanent incapacity was not caused by
				  and did not result from the natural deterioration, degeneration, or progression
				  of the non-service connected pre-existing condition. The degree or quantum of
				  proof required shall be by a preponderance of the evidence.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 22 - CERTIFICATIONS AND FINDINGS OF THE MEDICAL BOARD OR DESIGNATED ENTITY › Section 6-22-8 - Certifications and findings

Current through June, 2024
Upon completion of the examination of the member and the
				  reports submitted to it, the medical board or designated entity shall certify
				  in writing to the system the following:
(1) In the case of an application for
				ordinary disability or service-connected disability retirement, whether, at the
				time of the application:
(A) The member is
				incapacitated for the further performance of duty or for gainful employment;
				and
(B) The member's incapacity for
				the further performance of duty or for gainful employment is likely to be
				permanent.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 22 - CERTIFICATIONS AND FINDINGS OF THE MEDICAL BOARD OR DESIGNATED ENTITY › Section 6-22-9 - Appearance as witness

Current through June, 2024
One or more of the members of the medical board may serve as
				  a witness on behalf of the medical board, whenever required to do so, at any
				  hearing of an appeal from the certifications and findings of the medical board.
				  One or more representatives of a designated entity may serve as a witness on
				  behalf of the designated entity, whenever required to do so, at any hearing of
				  an appeal from the certifications and findings of the designated entity.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 22 - CERTIFICATIONS AND FINDINGS OF THE MEDICAL BOARD OR DESIGNATED ENTITY › Section 6-22-10 - Additional medical reports

Current through June, 2024
Upon receipt of prior approval of the executive director on
				  behalf of the system, the medical board or a designated entity may consider
				  additional medical reports offered by the applicant after the submission of the
				  medical board's or designated entity's certifications and findings to the
				  system; provided, however, the additional medical reports must relate to the
				  condition of the member at the time of the application and any determination of
				  disability shall be related to the condition of the member at the time of
				  application.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 1 - CONTESTED CASE HEARINGS ON APPLICATIONS FOR DISABILITY RETIREMENT AND ACCIDENTAL DEATH BENEFITS › Section 6-23-1 - Scope

Current through June, 2024
This subchapter shall govern all petitions for contested
					 case hearing filed with the system disputing a preliminary decision by the
					 system regarding an application for disability retirement benefits or
					 accidental death benefits, pursuant to the medical board's or a designated
					 entity's certifications and findings under chapter
					 6-22.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 1 - CONTESTED CASE HEARINGS ON APPLICATIONS FOR DISABILITY RETIREMENT AND ACCIDENTAL DEATH BENEFITS › Section 6-23-2 - Definitions

Current through June, 2024
Definitions applicable to this subchapter are also
					 provided in section
					 88-21, HRS, and
					 sections 6-20-1 and 6-22-2. As used in this subchapter:
"Causation" refers to a finding as to whether or not a
					 member's disability or death is:
(1) The result of an accident occurring while in the actual
					 performance of duty at some definite time and place; or
(2) The cumulative result of some occupational hazard;
					 or
(3) The result of wilful negligence on the part of the
					 member.
"Petition" means a request filed with the system pursuant
					 to section 6-23-4, in which an applicant for disability retirement benefits or
					 accidental death benefits disputes the system's preliminary decision regarding
					 the medical board's or designated entity's certifications and findings.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 1 - CONTESTED CASE HEARINGS ON APPLICATIONS FOR DISABILITY RETIREMENT AND ACCIDENTAL DEATH BENEFITS › Section 6-23-3 - Preliminary decision by the system; notice of preliminary decision; petition for contested case hearing

Current through June, 2024
(a) Upon receipt of
				  the medical board's or a designated entity's certifications and findings
				  pursuant to section 6-22-8, the executive director on behalf of the system
				  shall make a preliminary decision as to whether to accept, reject or remand the
				  medical board's or designated entity's certifications and findings. The
				  executive director on behalf of the system, may reject the medical board's or
				  designated entity's certifications or findings, including findings regarding
				  causation, and make independent determinations. The executive director on
				  behalf of the system, may remand the certifications and findings to the medical
				  board or designated entity for any clarification or correction.
(b) Upon acceptance, rejection, or remand of
				  the medical board's or a designated entity's certifications and findings, or
				  any part thereof, the executive director on behalf of the system shall, within
				  fifteen days thereafter, notify the applicant of the system's preliminary
				  decision and the medical board's or designated entity's certifications and
				  findings.
(c) If any certification
				  or finding accepted by the executive director on behalf of the system in the
				  preliminary decision, or any independent determination made by the executive
				  director on behalf of the system in the preliminary decision, is adverse to the
				  applicant, the executive director on behalf of the system shall notify the
				  applicant of the applicant's right to file a petition for contested case
				  hearing disputing the preliminary decision pursuant to section 6-23-4 and of
				  the procedure for filing the petition.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 1 - CONTESTED CASE HEARINGS ON APPLICATIONS FOR DISABILITY RETIREMENT AND ACCIDENTAL DEATH BENEFITS › Section 6-23-4 - Filing of petition for contested case hearing

Current through June, 2024
After receipt of notice of the system's preliminary
					 decision pursuant to section 6-23-3, an applicant may file a petition for
					 contested case hearing disputing any adverse determination contained in the
					 preliminary decision. The petition shall be filed in the office of the system
					 in Honolulu no later than thirty days from the date of receipt of the written
					 notification from the executive director of the system's preliminary decision
					 regarding the medical board's or the designated entity's certifications and
					 findings.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 1 - CONTESTED CASE HEARINGS ON APPLICATIONS FOR DISABILITY RETIREMENT AND ACCIDENTAL DEATH BENEFITS › Section 6-23-5 - Contents of petition

Current through June, 2024
(a) The petition
				  for contested case hearing disputing the system's preliminary decision shall
				  include the following:
(1) The identity of the
				  petitioner. If the petition is filed by a person or other entity on behalf of
				  the member or applicant, the person or other entity shall state that it has the
				  right to represent the member or applicant and shall submit proof of that right
				  with the petition; and
(2) The
				  grounds for the petition, the specific issues involved, the contentions of the
				  petitioner, and a description of the evidence that the petitioner intends to
				  introduce in support of the contentions.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 1 - CONTESTED CASE HEARINGS ON APPLICATIONS FOR DISABILITY RETIREMENT AND ACCIDENTAL DEATH BENEFITS › Section 6-23-6 - Contested case hearing

Current through June, 2024
When a petition for contested case hearing is filed in
					 accordance with this subchapter, the petitioner shall be afforded a contested
					 case hearing before a hearing officer appointed by the system.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 1 - CONTESTED CASE HEARINGS ON APPLICATIONS FOR DISABILITY RETIREMENT AND ACCIDENTAL DEATH BENEFITS › Section 6-23-7 - Time and place of hearing and notice

Current through June, 2024
The hearing officer shall set the time and place of hearing
					 and give written notice thereof to the petitioner. The notice of hearing shall
					 conform to the requirements of section
					 91-9,
					 HRS, and shall be personally delivered or mailed by registered or certified
					 mail with return receipt requested at least fifteen days before the hearing.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 1 - CONTESTED CASE HEARINGS ON APPLICATIONS FOR DISABILITY RETIREMENT AND ACCIDENTAL DEATH BENEFITS › Section 6-23-8 - Docket

Current through June, 2024
The system shall maintain a docket of all petitions and
					 each petition shall be assigned a number.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 1 - CONTESTED CASE HEARINGS ON APPLICATIONS FOR DISABILITY RETIREMENT AND ACCIDENTAL DEATH BENEFITS › Section 6-23-9 - Computation of time; extension of time

Current through June, 2024
(a) In computing
				  any period of time prescribed or allowed by this subchapter, or any order of
				  the board, system or a presiding officer, the day of the act, event, or default
				  after which the designated period of time is to run shall not be included. The
				  last day of the period shall be included unless it is a Saturday, Sunday, or
				  legal holiday in the State, in which event the period of time runs until the
				  end of the next day which is neither a Saturday, Sunday, or legal holiday.
				  Intermediate Saturdays, Sundays, or legal holidays shall not be included in the
				  computation when the period of time prescribed or allowed is seven days or
				  less. A half holiday shall not be considered a holiday for purposes of these
				  computations. All references in this subchapter to days shall mean calendar
				  days, unless otherwise expressed.
(b) Except for the time for filing exceptions
				  pursuant to section 6-23-19, whenever a person or entity is required or allowed
				  to act within a time specified by this subchapter, the hearing officer or the
				  executive director on behalf of the system or board may:
(1) With or without motion or notice extend
				  such period if written request therefor is made before the expiration of the
				  specified period; or
(2) Upon
				  motion, permit the act to be done after the expiration of the specified period
				  where the failure to act was the result of excusable neglect.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 1 - CONTESTED CASE HEARINGS ON APPLICATIONS FOR DISABILITY RETIREMENT AND ACCIDENTAL DEATH BENEFITS › Section 6-23-10 - Documents

Current through June, 2024
(a) If any document filed in a proceeding
				  governed by this subchapter is not in substantial conformity with the
				  applicable rules of the system, or is otherwise insufficient, the board or
				  hearing officer or the executive director on behalf of the system or board may,
				  on its own motion or on the motion of any party, strike such document or
				  require its amendment. If amended, the document shall be effective as of the
				  date of the original filing.
(b)
				  All documents filed with or presented to the board or hearing officer or the
				  executive director on behalf of the system or board, may be retained in the
				  files of the system. The system may permit the withdrawal of original documents
				  upon submission of photostatic or properly authenticated copies to replace the
				  originals.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 1 - CONTESTED CASE HEARINGS ON APPLICATIONS FOR DISABILITY RETIREMENT AND ACCIDENTAL DEATH BENEFITS › Section 6-23-11 - Deposition; application for

Current through June, 2024
(a) Upon the
				  written application of a party to a proceeding governed by this subchapter and
				  for good cause shown, the hearing officer may at any time after the filing of
				  the petition, order the taking of testimony of a witness by oral
				  examination.
(b) The application
				  shall be made to the hearing officer and shall state the reasons why the
				  deposition should be taken, the time and place for taking the deposition, the
				  name and mailing address of the witness, and the subject matter concerning
				  which the witness is expected to testify. If good cause is shown, an order for
				  the taking of the deposition containing the appropriate instructions shall be
				  made and served upon the parties.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 1 - CONTESTED CASE HEARINGS ON APPLICATIONS FOR DISABILITY RETIREMENT AND ACCIDENTAL DEATH BENEFITS › Section 6-23-12 - Depositions; person before whom taken, oath, examination, and cross-examination, record of examination, filing of deposition

Current through June, 2024
(a) The
				  deposition shall be taken before an officer authorized to administer
				  oaths.
(b) The officer before whom
				  the testimony is to be taken shall put the witness to oath. The adverse party
				  shall have the right to cross-examine the witness. The questions propounded to
				  the witness and the answers thereto shall be taken stenographically and
				  transcribed.
(c) All objections
				  made at the time of the examination shall be noted by the officer upon the
				  deposition. Evidence objected to shall be taken subject to the objection. The
				  officer taking the deposition shall certify on the deposition that the witness
				  was duly sworn and that the deposition is a true record of the testimony given
				  by the witness and shall forward the deposition with two copies thereof in a
				  sealed envelope, endorsed with the title of the proceeding, to the system at
				  the system's office.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 1 - CONTESTED CASE HEARINGS ON APPLICATIONS FOR DISABILITY RETIREMENT AND ACCIDENTAL DEATH BENEFITS › Section 6-23-13 - Use of depositions

Current through June, 2024
(a) A deposition
				  ordered and taken in accordance with section 6-23-12 may be used in a
				  proceeding if the hearing officer finds that the evidence is otherwise
				  admissible and:
(1) The witness is
				  dead;
(2) The witness is out of the
				  State, unless it appears that the absence of the witness is procured by the
				  party offering the deposition;
(3)
				  The witness is unable to attend or testify because of age, sickness, infirmity,
				  or imprisonment;
(4) The party
				  offering the deposition has endeavored and has been unable to procure the
				  attendance of the witness by subpoena; or
(5) Upon application and notice, that such
				  exceptional circumstances exist as to make it desirable, in the interest of
				  justice and with due regard to the importance of presenting the testimony
				  orally before the board or hearing officer, to allow the deposition to be
				  made.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 1 - CONTESTED CASE HEARINGS ON APPLICATIONS FOR DISABILITY RETIREMENT AND ACCIDENTAL DEATH BENEFITS › Section 6-23-14 - Jurisdiction; presiding officer; powers and duties

Current through June, 2024
(a) The
				  hearing officer appointed by the system shall preside over contested case
				  hearings governed by this subchapter. The chairperson of the board or other
				  member of the board designated by the chairperson shall preside over hearings
				  of arguments on exceptions under section 6-23-20. The hearing officer, and
				  chairperson of the board or other member of the board designated by the
				  chairperson, shall have jurisdiction over those matters expressly authorized by
				  this subchapter, respectively.
(b)
				  With respect to contested case hearings governed by this subchapter, the
				  hearing officer as the presiding officer shall have the following powers and
				  duties:
(1) To determine the time and place of
				  hearing and, in the hearing officer's discretion or at the request of a party,
				  to continue or postpone any hearing;
(2) To regulate the course and conduct of the
				  hearing;
(3) To administer oaths
				  and affirmations;
(4) To examine
				  witnesses;
(5) To issue
				  subpoenas;
(6) To rule on offers of
				  proof and receive evidence;
(7) To
				  hold conferences, before or during the hearing, for the simplification of
				  issues;
(8) To rule on motions and
				  dispose of procedural requests or similar matters;
(9) To remand, in the hearing officer's
				  discretion, to the medical board or designated entity the certifications and
				  findings involved in the petition, or any matter or issue related thereto; and
				  to accept from the medical board or designated entity any new or amended report
				  or documents, including any new certifications or findings;
(10) To make a recommended decision to the
				  board;
(11) To dispose of any
				  matter that normally and properly arises before or in the course of the
				  hearing; and
(12) To take any other
				  action authorized by this subchapter or by law that the hearing officer may
				  deem necessary for the orderly and just conduct of the hearing.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 1 - CONTESTED CASE HEARINGS ON APPLICATIONS FOR DISABILITY RETIREMENT AND ACCIDENTAL DEATH BENEFITS › Section 6-23-14.01 - Default

Current through June, 2024
(a) A presiding officer may find a party to
				  be in default upon motion by a party or at the presiding officer's discretion,
				  on the following grounds:
(1) Failure to
				  comply with an administrative order;
(2) Failure to appear at a pre-hearing
				  conference or hearing without good cause being shown; or
(3) Failure to prosecute the case.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 1 - CONTESTED CASE HEARINGS ON APPLICATIONS FOR DISABILITY RETIREMENT AND ACCIDENTAL DEATH BENEFITS › Section 6-23-14.02 - Motions to dismiss or for summary judgment

Current through June, 2024
(a) The
				  presiding officer, upon motion by a party, may at any time issue an order for
				  summary judgment as to all or any part of the claims, if no genuine issue of
				  material fact exists and a party is entitled to judgment as a matter of
				  law.
(b) The presiding officer,
				  upon motion by a party or on the presiding officer's own motion, may at any
				  time issue an order dismissing the petition on the grounds of lack of standing,
				  lack of jurisdiction, failure to state a claim on which relief may be granted,
				  or any other ground upon which the petition may be dismissed prior to the
				  hearing. In addition, the presiding officer may issue an order of dismissal of
				  the petition upon a stipulation of the parties or upon a voluntary dismissal by
				  the petitioner.
(c) An order that
				  grants or denies disposal of some or all claims in the petition shall
				  constitute a recommended decision pursuant to section 6-23-17 if issued by the
				  hearing officer and not considered an interlocutory order. An order that grants
				  or denies disposal of some or all claims in the petition shall constitute a
				  proposed decision pursuant to section 623-18 if issued by the board upon
				  receipt of a recommended decision and not considered an interlocutory order. An
				  order that disposes of some but not all of the claims in the petition shall be
				  considered an interlocutory order and shall be appealable under section
				  91-14,
				  HRS, only after a final decision has been issued, or if deferral of review
				  would deprive the appellant of adequate judicial review under section
				  91-14,
				  HRS.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 1 - CONTESTED CASE HEARINGS ON APPLICATIONS FOR DISABILITY RETIREMENT AND ACCIDENTAL DEATH BENEFITS › Section 6-23-15 - Reassignment of petition

Current through June, 2024
If for any reason the hearing officer designated for the
					 hearing of the petition for contested case hearing is unable to complete the
					 hearing, the system may, without abatement of the proceedings, assign the
					 petition to another hearing officer.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 1 - CONTESTED CASE HEARINGS ON APPLICATIONS FOR DISABILITY RETIREMENT AND ACCIDENTAL DEATH BENEFITS › Section 6-23-16 - Conduct of contested case hearing

Current through June, 2024
(a) The hearing
				  officer shall convene the hearing and summarize the issues in the petition. The
				  petitioner shall have the burden of proof, including the burden of producing
				  evidence and the burden of persuasion. The degree or quantum of proof shall be
				  a preponderance of the evidence.
(b) Before presenting the case, the
				  petitioner shall have the opportunity to make an opening statement. The deputy
				  attorney general or other counsel assigned to the respondent medical board or
				  designated entity shall also have the opportunity to make an opening statement
				  then or after the petitioner has presented the petitioner's case. Opening
				  statements may be waived by either party.
(c) Witnesses shall testify in the following
				  order:
(1) Witnesses for the
				  petitioner;
(2) Witnesses called by
				  the respondent;
(3) Witnesses for
				  the petitioner in rebuttal;
(4)
				  Witnesses called by the respondent in rebuttal;
(5) Additional witnesses as the presiding
				  officer may deem necessary.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 1 - CONTESTED CASE HEARINGS ON APPLICATIONS FOR DISABILITY RETIREMENT AND ACCIDENTAL DEATH BENEFITS › Section 6-23-17 - Recommended decision

Current through June, 2024
Within sixty days after the close of the reception of
					 evidence or the filing of any memoranda or proposed findings of fact or
					 conclusions of law permitted by the hearing officer, whichever is later, the
					 hearing officer shall make and file with the system a recommended decision
					 which shall include recommended findings of fact and conclusions of law. If any
					 party has been permitted to file proposed findings of fact, the hearing officer
					 shall incorporate in the recommended decision a ruling on each proposed finding
					 so presented.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 1 - CONTESTED CASE HEARINGS ON APPLICATIONS FOR DISABILITY RETIREMENT AND ACCIDENTAL DEATH BENEFITS › Section 6-23-18 - Proposed decision

Current through June, 2024
Upon receipt of the recommended decision, the board may
					 accept it as its proposed decision, or may remand the recommended decision to
					 the hearing officer for any clarification or correction, or may modify the
					 recommended decision and issue its own draft of a proposed decision. A copy of
					 the proposed decision shall be served upon each party.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 1 - CONTESTED CASE HEARINGS ON APPLICATIONS FOR DISABILITY RETIREMENT AND ACCIDENTAL DEATH BENEFITS › Section 6-23-19 - Filing of exceptions; extension of time; finality of proposed decision

Current through June, 2024
(a) Within fifteen days after receipt of a
				  copy of the board's proposed decision, any party may file with the board
				  exceptions to any part thereof and request review by the board. Each exception
				  shall specify the portion of the record and authorities relied on to sustain
				  each point. Within fifteen days after receipt of a copy of a party's exceptions
				  and request for review, any party may file with the board a response to the
				  exceptions and request for review. In addition, a copy of the exceptions and
				  request for review, and response, shall be served upon each of the parties who
				  were served with a copy of the proposed decision.
(b) Any party may apply for an extension of
				  time within which to file exceptions to the proposed decision, or response, by
				  filing a written application setting forth the reasons for the request. The
				  application shall be filed before the expiration of the respective period
				  prescribed for the filing of exceptions or response. Upon good cause shown, the
				  board, any member of the board, or the executive director on behalf of the
				  system, may extend the time for filing exceptions or response, for an
				  additional period not to exceed fifteen days after the applying party's receipt
				  of the extension of time within which to file exceptions or response.
(c) If no exceptions and request for review
				  are filed within the time specified, the proposed decision shall become final,
				  unless the board on its own motion orders further proceedings to be held.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 1 - CONTESTED CASE HEARINGS ON APPLICATIONS FOR DISABILITY RETIREMENT AND ACCIDENTAL DEATH BENEFITS › Section 6-23-20 - Argument on exceptions

Current through June, 2024
Upon the filing of exceptions by a party adversely affected
					 by the proposed decision, the board shall grant such party an opportunity to
					 present arguments to the board. The executive director shall set the time and
					 place of hearing of argument on exceptions and give written notice thereof to
					 the parties.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 1 - CONTESTED CASE HEARINGS ON APPLICATIONS FOR DISABILITY RETIREMENT AND ACCIDENTAL DEATH BENEFITS › Section 6-23-21 - Final decision

Current through June, 2024
(a) Where
				  exceptions have been filed to the board's proposed decision, the board, within
				  sixty days after the hearing on the exceptions, shall render its final
				  decision. In rendering its final decision, the board shall consider the whole
				  record or such portions thereof as may be cited by the parties, and shall
				  resolve all questions of fact by what it deems to be the preponderance of the
				  evidence. The final decision shall be in writing and shall contain findings of
				  fact and conclusions of law upon which the decision is based.
(b) The final decision shall be personally
				  delivered or mailed to the parties by registered or certified mail with return
				  receipt requested.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 1 - CONTESTED CASE HEARINGS ON APPLICATIONS FOR DISABILITY RETIREMENT AND ACCIDENTAL DEATH BENEFITS › Section 6-23-21.01 - Attorneys' fees upon successful petition

Current through June, 2024
(a) If
				  after filing a petition, the petitioner is the prevailing party before the
				  board or a court of competent jurisdiction, the petitioner may file a motion
				  with the system for reasonable attorneys' fees and costs pursuant to the
				  standards set forth in rule 1.5 of the Rules of Professional Conduct adopted by
				  the Hawaii Supreme Court. The system's decision on the motion shall be made by
				  the executive director.
(b) The
				  petitioner shall file a motion for attorneys' fees and costs with the system no
				  later than sixty days from the date of the board's final decision or the
				  circuit court's ruling if the board's decision is appealed, whichever is later.
				  The motion shall state the amount of fees and costs requested, and shall attach
				  the following:
(1) A copy of the fee
				  agreement between the petitioner and the petitioner's attorney, or an affidavit
				  or declaration signed by the petitioner stating the attorney's fees agreed upon
				  between the petitioner and the petitioner's attorney;
(2) A copy of the billing statement (s) from
				  the petitioner's attorney detailing the legal work performed in connection with
				  the petitioner's case, including:
(A) The
				  legal work performed shall be itemized and described in detail by each service,
				  along with the time spent on each service shown in increments of one tenth of
				  an hour or less. Lumped entries or block billing shall not be accepted;
				  and
(B) Costs shall be itemized and
				  described in detail and accompanied by either:
(i) Invoices and receipts; or
(ii) An affidavit signed by the petitioner's
				  attorney attesting to the costs; and
(3) Proof of payment of the requested
				  attorneys' fees and costs by the petitioner to the petitioner's
				  attorney.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 2 - OTHER CONTESTED CASE HEARINGS › Section 6-23-22 - Scope

Current through June, 2024
This subchapter shall govern all contested case hearings
					 under chapter
					 88, HRS, except for petitions from
					 preliminary decisions under subchapter
					 1, and petitions for declaratory
					 rulings under chapter
					 6-20, subchapter
					 4. The
					 rules in this subchapter shall not apply to hearings related to claims arising
					 under chapter
					 92F, HRS.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 23 - CONTESTED CASE HEARINGS › Subchapter 2 - OTHER CONTESTED CASE HEARINGS › Section 6-23-23 - Definitions

Current through June, 2024
Definitions generally applicable to this subchapter are
					 also provided in section
					 88-21, HRS, and
					 section 6-20-1. As used in this subchapter:
"Informal decision" means a written determination by the
					 system that has not been expressly approved by the board of trustees, to deny a
					 member or petitioner any alleged entitlement to a benefit, service credit, or
					 other alleged entitlement under chapter
					 88, HRS.
"Petition" means a request for a contested case hearing
					 filed with the system requesting relief from an alleged misapplication or
					 violation of any provision of chapter
					 88, HRS, or rules promulgated
					 thereunder, setting forth an alleged entitlement to a benefit, service credit,
					 or other alleged entitlement, and meeting the requirements of sections 6-23-24
					 and 6-23-28.
"Respondent" means any person proceeded against in a
					 petition under this subchapter.