reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 8 - DISCLOSURE OF INFORMATION › Section 12-5-215 - Authorized disclosures

Current through June,
				2024
Disclosure of any information obtained at any time from
				  workers, employers, or other persons or groups in the course of administering
				  the state employment security program under chapter
				  383, Hawaii Revised Statutes, is
				  authorized in the following cases for the following purposes:
(1) To individual applicants and employers to
				the extent necessary for the efficient performance of recruitment, placement,
				employment counseling, and other employment service functions;
(2) To any properly identified claimant for
				benefits or payments under a state, territorial, or federal unemployment
				compensation or readjustment allowance law, or to such claimant's duly
				authorized representative, information which directly concerns the claimant and
				is reasonably necessary for the proper presentation of such claimant's
				claim;
(3) To any officer or
				employee of any agency of the federal government or of a state or territorial
				government lawfully charged with the administration of a federal, state, or
				territorial unemployment insurance or readjustment allowance law, but only for
				purposes reasonably necessary for the proper administration of such
				law;
(4) To any officer or employee
				of any agency of the federal government or a state or territorial government
				lawfully charged with the administration of a law providing for old-age
				assistance, or other public assistance, work relief, pension, retirement, or
				other benefit payments, but only for purposes reasonably necessary for the
				proper administration of such law; and
(5) To applicants, employers, and the public,
				general information concerning employment opportunities, employment levels and
				trends, and labor supply and demand, provided such release or publication does
				not include information identifiable to individual applicants, employers, or
				employing establishments.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 8 - DISCLOSURE OF INFORMATION › Section 12-5-219 - Disclosure to governmental agencies

Current through June,
				2024
Disclosure of information pertaining to claimants and
				  employers in connection with unemployment insurance to a federal, state,
				  territorial, or municipal agency shall be considered to be in the public
				  interest only if such disclosure is in connection with its public duties, and
				  the information so disclosed will be used for the performance of such public
				  duties, and only if that agency agrees not to release or publish in any manner
				  information identifiable to individual applicants, employees, or employing
				  establishments, provided that the agency shall not be bound by this restriction
				  if it is necessary for the disclosed information to be used in any criminal
				  proceeding.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 8 - DISCLOSURE OF INFORMATION › Section 12-5-220 - Disclosure of quarterly wage detail information

Current through
				June, 2024
(a) The
				department shall disclose quarterly wage detail information to authorized
				requesting agencies which have entered into an agreement in accordance with
				subsection (b) for purposes deemed by the department to be useful in verifying
				eligibility for and the amount of benefits or to be reasonably necessary for
				the proper administration of the requesting agency's program.
(b) The agreement between the department and
				the requesting agency shall include, but not be limited to:
(1) The purposes for which requests will be
				made and the specific information needed;
(2) Identification of all agency officials,
				by position, with authority to request information;
(3) Methods and timing of the requests for
				information, including the format to be used, and the period of time needed to
				furnish the requested information;
(4) Basis for establishing the reporting
				periods for which information will be provided;
(5) Provisions for determining appropriate
				reimbursement from the requesting agency for the costs incurred in providing
				data;
(6) Safeguards to ensure that
				information obtained from the department will be protected against unauthorized
				access or disclosure. At a minimum, such procedures will comply with the
				requirements of subsection (c).
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 9 - DESTRUCTION OF DEPARTMENTAL RECORDS › Section 12-5-225 - Claim records and related documents

Current through June,
				2024
Claim records, including initial claims, initial
				  determinations of benefits, low earnings reports, wage and separation reports,
				  claims examiners' decisions, continued claims and pay orders, disallowed
				  continued claims, correspondence, and other related documents may be destroyed
				  at the expiration of three years after the benefit year ending date of each
				  claim.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 9 - DESTRUCTION OF DEPARTMENTAL RECORDS › Section 12-5-230 - Quarterly wage detail reports

Current through June,
				2024
Quarterly wage detail reports of employers filed with the
				  department may be destroyed after five years have elapsed from the end of the
				  calendar year to which they relate.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 9 - DESTRUCTION OF DEPARTMENTAL RECORDS › Section 12-5-233 - Report of new hires

Current through June, 2024
Report of new hires may be destroyed after two years have
				  elapsed from the date of hire. This section shall be applicable only for
				  reports of new hires filed prior to October 1, 1998.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 9 - DESTRUCTION OF DEPARTMENTAL RECORDS › Section 12-5-237 - Other employer records and correspondence

Current through
				June, 2024
All other employer records and correspondence may be
				  destroyed after five years have elapsed from the end of the calendar year to
				  which they relate.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 9 - DESTRUCTION OF DEPARTMENTAL RECORDS › Section 12-5-241 - Benefit payment ledgers and employers' chargeback statements

Current through June, 2024
Benefit payment ledgers and employers' chargeback statements
				  may be destroyed after five years have elapsed from the end of the calendar
				  year to which they relate.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 9 - DESTRUCTION OF DEPARTMENTAL RECORDS › Section 12-5-245 - Inactive employer contribution ledgers

Current through June,
				2024
Inactive employer contribution ledgers may be destroyed after
				  five years have elapsed from the end of the calendar year to which they relate,
				  provided that a summary of each account has been made showing:
(1) Name, address, and account number;
				and
(2) Commencement and
				termination dates; and
(3) Balance
				of net reserve or, if the reserve has been transferred, the account number of
				the successor employer.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 9 - DESTRUCTION OF DEPARTMENTAL RECORDS › Section 12-5-249 - Duplicate copies and incidental reports

Current through June,
				2024
Carbon copies and other forms of duplicate copies, incidental
				  records, reports and correspondence, and other papers of minor or incidental
				  importance may be destroyed upon approval of the department.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 9 - DESTRUCTION OF DEPARTMENTAL RECORDS › Section 12-5-253 - Destruction pending completion of matter

Current through June,
				2024
No records mentioned in sections
				  12-5-225 to
				  12-5-249 shall be destroyed until
				  all matters pertaining thereto have been fully and finally
				  completed.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 6 - EMPLOYMENT AND TRAINING FUND › Subchapter 1 - GENERAL PROVISIONS › Section 12-6-1 - Scope and purpose

Current through June,
				2024
(a) These rules
				implement section
				383-128,
				HRS, (Act 68, SLH 1991) which establishes an employment and training fund to
				train and maintain a skilled competitive workforce.
(b) As cited in section
				383-128,
				HRS, funds may be used for:
(1) The operation
				of the Hawaii state employment service for which no federal funds have been
				allocated;
(2) Business-specific
				training programs to create a more diversified job base and to carry out the
				purposes of the new industry training program pursuant to section
				394-8,
				HRS;
(3) Industry or
				employer-specific training programs where there are critical skill shortages in
				high growth occupational or industry areas;
(4) Training and retraining programs to
				assist workers who have become recently unemployed or are likely to be
				unemployed;
(5) Programs to assist
				residents who do not otherwise qualify for federal or state job training
				programs to overcome employment barriers; and
(6) Training programs to provide job-specific
				skills for individuals in need of such assistance to improve career employment
				prospects.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 6 - EMPLOYMENT AND TRAINING FUND › Subchapter 2 - PROGRAM OPERATIONS › Section 12-6-6 - Training

Current through June, 2024
(a) Macro training should be developed on the
				basis of:
(1) Training needs that are
				identified by the director from sources such as surveys, reports, studies,
				plans, and discussions with public and private sector agencies, employers,
				employer organizations, labor organizations, and nonprofit
				organizations.
(2) Industries that
				are included in the State's economic development strategy, as recommended by
				the department of business, economic development and tourism.
(3) Community needs identified by county
				workforce investment boards, employer organizations, industry or trade
				associations, labor organizations, and similar organizations.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 6 - EMPLOYMENT AND TRAINING FUND › Subchapter 2 - PROGRAM OPERATIONS › Section 12-6-7 - New industry training

Current through June,
				2024
Training programs may be proposed to assist new or expanding
				  industries. As cited in section
				  394-9,
				  HRS, business in this category shall include those engaged in research,
				  development, manufacturing, production, or delivery of services in growth
				  sectors such as, biotechnology, renewable energy, telecommunications,
				  computers, mariculture, aquaculture, tropical agriculture, Hawaiian natural
				  products, and space applications including astronomical
				  research.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 6 - EMPLOYMENT AND TRAINING FUND › Subchapter 2 - PROGRAM OPERATIONS › Section 12-6-8 - Application for funds

Current through June, 2024
Training providers, employers, or employer groups shall apply
				  to the department for funds to operate programs or provide training services
				  authorized under this chapter on forms prescribed by the
				  department.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 6 - EMPLOYMENT AND TRAINING FUND › Subchapter 2 - PROGRAM OPERATIONS › Section 12-6-9 - Review and approval

Current through June,
				2024
(a) The director
				shall use any of the following applicable criteria in reviewing and approving
				proposals under this chapter, the extent to which:
(1) The objectives of section
				12-6-1
				are addressed.
(2) The program is
				based on a collaborative agreement among training providers, employers, or
				other organizations to benefit an industry, a group of businesses, a
				geographical area, or a specified group of persons or workers.
(3) The program has received employer input
				and approval.
(4) The employment
				and training concerns of small businesses are addressed.
(5) The training will help unemployed persons
				and persons with employment barriers who are not enrolled in other job training
				programs gain job skills in occupations leading to greater economic
				self-sufficiency or will assist workers who desire to pursue new job skills in
				keeping with the demands of the labor market.
(6) The program does not supplant or
				duplicate ongoing programs.
(7) The
				program demonstrates innovative ways to achieve training objectives.
(8) Capacity-building projects are related to
				specific training objectives.
(9)
				The program has measurable, results-oriented objectives such as placement in
				employment or in continuing education or training, and attainment of
				educational or vocational skills performance levels; and shows how they will be
				achieved and evaluated.
(10) The
				training provider is qualified and possesses the proper credentials,
				demonstrates satisfactory past performance, and is financially able to conduct
				the proposed training.
(11) Program
				costs are reasonable and appropriate.
(12) Existing programs are being used to
				provide auxiliary services.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 6 - EMPLOYMENT AND TRAINING FUND › Subchapter 2 - PROGRAM OPERATIONS › Section 12-6-10 - Auxiliary services

Current through June,
				2024
(a) The funding of
				auxiliary services shall be restricted to activities which assist the
				department, training providers, and employers in meeting the objectives of
				section
				12-6-1.
(b) Funding of these services may not be
				approved if they are available through established agencies or
				programs.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 6 - EMPLOYMENT AND TRAINING FUND › Subchapter 2 - PROGRAM OPERATIONS › Section 12-6-12 - Program limitations for macro training

Current through June,
				2024
(a) Training
				proposals shall:
(1) Be limited to
				$100,000.00 and one year in length; and
(2) Designate a single recipient of the
				program funds; provided that subcontracting of funds shall be authorized only
				under written authorization of the department.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 6 - EMPLOYMENT AND TRAINING FUND › Subchapter 2 - PROGRAM OPERATIONS › Section 12-6-13 - Contributions to program costs

Current through June,
				2024
The director shall require employers or employer groups who
				  receive training assistance authorized under this chapter to contribute fifty
				  per cent of the amount requested in cash or in-kind contributions.
(1) The estimated monetary value of each
				in-kind contribution shall be listed on the application form.
(2) Matching monetary contributions may be
				required for programs such as:
(A) Training
				authorized under section
				12-6-1
				and
				12-6-7;
(B) Capacity-building; and
(C) Micro training_that helps a single
				employer.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 6 - EMPLOYMENT AND TRAINING FUND › Subchapter 2 - PROGRAM OPERATIONS › Section 12-6-14 - Funding limitations

Current through June,
				2024
(a) The director
				may establish limitations on the amount of funds provided to vendors,
				employers, and employees.
(b) Funds
				will not be provided for the training of federal, state, or county
				employees.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 6 - EMPLOYMENT AND TRAINING FUND › Subchapter 3 - PROGRAM MANAGEMENT › Section 12-6-16 - Administration

Current through June, 2024
(a) The director is responsible for
				operations and programs funded by the employment and training fund.
(b) The director may appoint an advisory
				committee that includes employers, labor organization representatives, and
				training providers for the purpose of:
(1)
				Reviewing programs on a quarterly basis; and
(2) Submitting annual recommendation for
				future priorities and goals.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 6 - EMPLOYMENT AND TRAINING FUND › Subchapter 3 - PROGRAM MANAGEMENT › Section 12-6-17 - Program funds

Current through June, 2024
(a) The department shall administer program
				funds in accordance with state laws, administrative rules, policies, and
				procedures.
(b) Training providers
				and employers shall comply with all applicable federal and state laws in the
				operation of programs funded under this chapter.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 6 - EMPLOYMENT AND TRAINING FUND › Subchapter 3 - PROGRAM MANAGEMENT › Section 12-6-18 - Procurement of employment and training services

Current through
				June, 2024
(a) The
				department may conduct employment and training programs or contract with public
				and private sector agencies, nonprofit organizations, employers, or labor
				organizations to develop and implement programs authorized by this
				chapter.
(b) Requests for funding
				assistance shall be sent to the director in accordance with section
				12-6-8.
(c) The department shall determine program
				priorities on the basis of criteria in sections
				12-6-6
				and
				12-6-9.
(d) Employment and training services shall be
				procured in accordance with the department's purchasing policies and
				procedures.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 6 - EMPLOYMENT AND TRAINING FUND › Subchapter 3 - PROGRAM MANAGEMENT › Section 12-6-19 - Reports and monitoring

Current through June,
				2024
(a) Training
				providers and employers who receive macro funds under this chapter shall submit
				interim status reports and a final report as specified in the contract or
				agreement.
(1) The interim reports shall
				contain information that will enable the department to determine the extent to
				which the project's objectives are being achieved and to determine the
				financial status of the project.
(2) The final report shall contain
				information on the accomplishments of the project, summary of costs, and an
				evaluation of the project that includes recommendations for future courses of
				action.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 6 - EMPLOYMENT AND TRAINING FUND › Subchapter 3 - PROGRAM MANAGEMENT › Section 12-6-20 - Sanctions for nonperformance

Current through June,
				2024
(a) The director
				may cancel the contract for nonperformance by the training provider or
				employer; unsatisfactory performance by the contractor or training provider,
				such as frequent delays or cancellations of training activities; or failing to
				perform any of its contractual obligations. Sanctions imposed by the director
				may include barring the training provider or employer from participating in the
				program for specified periods of time.
(b) Action may be initiated for the
				recoupment of funds and other appropriate remedies.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 6 - EMPLOYMENT AND TRAINING FUND › Subchapter 3 - PROGRAM MANAGEMENT › Section 12-6-21 - Program evaluation

Current through June,
				2024
The department shall evaluate the program to determine its
				  overall effectiveness. The evaluation may be performed by the department or
				  another organization under a contractual agreement.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 6 - EMPLOYMENT AND TRAINING FUND › Subchapter 3 - PROGRAM MANAGEMENT › Section 12-6-22 - Collective bargaining agreement

Current through June,
				2024
When applicable, the application for funds shall contain an
				  affirmation that the proposed training is consistent with the provisions of a
				  current collective bargaining agreement."
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 1 - GENERAL PROVISIONS › Section 12-10-2 - Negotiation for benefit coverage

Current through June,
				2024
(a) The collective
				bargaining agreement shall not deny workers' compensation benefits to any
				employee who would be eligible for workers' compensation benefits under chapter
				386, HRS.
(b) The collective
				bargaining agreement shall not diminish the entitlement of an employee to
				compensation payments for benefits such as temporary total or partial
				disability, permanent total or partial disability, vocational rehabilitation,
				death benefits, funeral and burial benefits, benefit adjustments, or medical
				treatment fully paid by the employer.
(c) Provision for medical care and services
				and treatment plan and medical fee schedule requirements prescribed under
				sections
				386-21
				and
				386-26,
				HRS, and related Hawaii administrative rules may be collectively bargained
				provided that reasonably needed medical care, services, and supplies, as the
				nature of the injury requires, are provided.
(d) Notwithstanding the medical fees provided
				by chapter
				386 and related Hawaii administrative
				rules, fees for medical services may be collectively bargained.
(e) The special compensation fund established
				under section
				386-151,
				HRS, and employers not a party to the collective bargaining agreements are not
				bound by provisions of the agreement. Disagreements involving the special
				compensation fund and employers not a party to the collective bargaining
				agreement will be resolved according to provisions under chapter
				386, HRS.
(f) Employers, groups of employers, and
				appropriate bargaining units with approved collective bargaining agreements may
				be required to provide the director with data to assess the effectiveness and
				efficiency of such agreements. This data may include:
(1) Number of employees covered by the
				agreements;
(2) Number of claims
				filed;
(3) Average cost per
				claim;
(4) Names of injured
				employees subject to collective bargaining agreements; and
(5) Other pertinent information.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 2 - COMPENSATION › Section 12-10-21 - Disabilities

Current through June, 2024
(a) Impairment rating guides issued by the
				American Medical Association, American Academy of Orthopedic Surgeons, and any
				other such guides which the director deems appropriate and proper may be used
				as a reference or guide in measuring a disability.
(b) If an employee is unable to complete a
				regular daily work shift on account of a work injury, the employee shall be
				deemed totally disabled for work for that day.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 2 - COMPENSATION › Section 12-10-22 - Annual proof of dependency

Current through June,
				2024
Alien dependents not residing in the United States at the
				  time of the injury or leaving the United States subsequently shall furnish the
				  liable employer annually with a verified document certifying the continuance of
				  dependency on a form prescribed by the director.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 2 - COMPENSATION › Section 12-10-23 - Computation of average weekly wages

Current through June,
				2024
Except as otherwise provided by section
				  386-51,
				  HRS, an injured employee's average weekly wage shall be computed as
				  follows:
(1) If the employee is
				employed on an hourly basis and has no overtime or other earnings during the
				one-year period prior to the work injury, the hourly rate shall be multiplied
				by the number of hours worked in a workweek;
(2) If the employee is employed solely on the
				basis of a predetermined and fixed monthly salary and has no overtime or other
				earnings during the one-year period prior to the work injury, the monthly
				salary shall be multiplied by twelve and the product divided by
				fifty-two;
(3) If an employee is
				employed solely on the basis of a predetermined and fixed semi-monthly salary
				and has no overtime or other earnings during the one-year period prior to the
				work injury, the semi-monthly salary shall be multiplied by twenty-four and the
				product divided by fifty-two;
(4)
				If the employee is employed on the basis of:
(A) A predetermined and fixed monthly,
				semi-monthly, or weekly salary and in addition receives other wages such as,
				but not limited to, commissions, gratuities (tips), bonuses, overtime pay,
				hourly or daily pay; or
(B)
				Incentive earnings only (i.e. commissions, piecework pay); or
(C) An hourly or daily rate and in addition
				receives other wages such as, but not limited to, commissions, gratuities
				(tips), bonuses or overtime pay; the employee's total earnings for the twelve
				months preceding the work injury shall be divided by fifty-two; provided that
				if the employee at the time of the injury was employed at higher wages than any
				other period of the preceding twelve months and had earned overtime pay during
				the twelve-month period, the average weekly overtime hours obtained by dividing
				the total overtime hours worked during the twelve-month period by fifty-two
				shall be multiplied by the overtime hourly rate based on the higher wages, and
				the product shall be added to the weekly straight time pay obtained by
				multiplying the straight time hourly rate based on the higher wages by the
				total number of straight time hours normally worked by the employee in a
				workweek.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 2 - COMPENSATION › Section 12-10-24 - Credit for voluntary payments

Current through June,
				2024
For the purpose of section 386- 52(a), HRS, an employer may,
				  with the approval of the director, deduct from an amount payable as
				  compensation any advance payments made to the injured employee if the employee
				  had been notified in writing at the time the advance was made that the payments
				  were in lieu of compensation.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 2 - COMPENSATION › Section 12-10-25 - Travel reimbursement

Current through June,
				2024
An employee who is required to obtain medical treatment shall
				  use public conveyances whenever possible and shall be entitled to travel
				  reimbursement. If the employee is unable to use public conveyances because of a
				  physical condition, the nature of the injury, or geographical location, travel
				  reimbursement by the most direct route shall be allowed. When such visits are
				  made before or after work, or during working hours, only the excess miles
				  outside of the normal route shall be allowed. Reimbursement for mileage shall
				  be in accordance with Hawaii state government standards.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 2 - COMPENSATION › Section 12-10-26 - Filing of notice of intent to terminate temporary total disability benefits

Current through June,
				2024
Written notice of intent to terminate payment of weekly
				  temporary total disability benefits shall be sent by regular mail to the
				  director and the employee in every case where the employer has determined that
				  the employee is "able to resume work". In the event the employee has returned
				  to work, a notice need not be mailed and temporary total disability payments
				  may be automatically stopped as of the date prior to the return-to-work
				  day.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 2 - COMPENSATION › Section 12-10-27 - Benefit rate adjustment for permanently and totally disabled worker

Current through June, 2024
(a) Pursuant to section
				386-35, HRS,
				insurers and self-insured employers shall make benefit rate adjustments to
				workers who are permanently and totally disabled. Insurers and self-insured
				employers shall be entitled to reimbursement from the special compensation fund
				for the supplemental amounts paid.
(b) Claim for reimbursement shall be
				submitted on a form prescribed by the director. The reimbursement request shall
				include claimant's name, social security number, date of accident, age, case
				number, weekly compensation rate, and the amount of adjustment paid to the
				claimant.
(c) The request for
				reimbursement shall be submitted to the department annually by January 31 of
				the subsequent calendar year. The request shall be audited by the department
				and the appropriate sum paid to the insurer or self-insured employer by June 30
				of the year the request was filed. Reimbursement requests received after
				January 31 may be paid by the department upon showing of good cause for the
				late filing.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 2 - COMPENSATION › Section 12-10-30 - Documentation of claims

Current through June,
				2024
(a) If an employer
				denies compensability of a claim and the employee disagrees, the employee shall
				file form WC-5 which shall be provided to the employee by the department. The
				WC-5 shall authorize the release of medical documents pertaining to or having a
				bearing on the injury.
(b) If an
				employer fails to file form WC-1 and the employee wishes to pursue a claim, the
				employee shall file form WC-5 which shall be provided by the
				department.
(c) If a dependent of a
				deceased claimant wishes to pursue a claim, the dependent shall file form
				WC-5a, which shall be provided by the department. The WC-5a shall authorize the
				release of medical documents pertaining to or having a bearing on the
				injury.
(d) Any request for
				reopening of any claim pursuant to section
				386-89(c),
				HRS, shall be accompanied by medical information or any other substantial
				evidence showing a change in or of a mistake in a determination of fact related
				to the physical condition of the injured employee.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 2 - COMPENSATION › Section 12-10-31 - Liability of third person

Current through June,
				2024
(a) Should any
				action be filed, arbitration commenced, or claim be made to recover damages
				pursuant to section
				386-8,
				HRS, the party or parties in interest shall within ten calendar days notify the
				director in writing and all other parties of interest with pertinent details as
				the action, arbitration, or claim continues.
(b) The party or parties of interest shall
				obtain written consent of both employer and employee and file with the director
				within thirty calendar days of execution a final copy of the claim-dispositive
				document, release, settlement, court order, waiver, dismissal, arbitration
				award, or judgment.
(c) The
				director may hold a hearing at the director's discretion or on application of a
				party of interest to determine whether or not the employer has an obligation to
				make further compensation payments including reimbursements and credits against
				sums recovered from any third party.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 2 - COMPENSATION › Section 12-10-32 - Commutation of benefits

Current through June,
				2024
(a) Pursuant to
				section
				386-54,
				HRS, the director shall require the employee or the dependents of the employee
				to file a request for commutation and present evidence to support such
				request.
(b) The employer, upon
				written notification of approval of commutation of payments, shall pay those
				benefits forthwith unless the employer can prove undue hardship. Undue hardship
				requests shall be filed with the director within ten calendar days after
				mailing of the commutation request with supporting documents.
(c) Commutation shall not be approved from
				benefits due from the special compensation fund or benefits due from a
				permanent total disability award.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 2 - COMPENSATION › Section 12-10-33 - Special compensation fund; notification of pre-existing disabilities

Current through June, 2024
(a) In any case, including death, where an
				employer believes that section
				386-33,
				HRS, applies, the employer shall give the director written notice no later than
				thirty calendar days after the date of the initial rating report indicating
				evidence of preexisting disability. The notice shall state the reasons
				underlying the employer's belief that section
				386-33,
				HRS, applies and shall include a copy of the rating report or the final
				decision of the director or the appellate board indicating evidence of the
				pre-existing disability. Upon good cause shown, the director may permit the
				employer to file the written notice after the expiration of the time period.
				Failure to file a notice in accordance with this section shall subject the
				employer to liability for all benefits.
(b) If the employer files a notice without
				proper documentation or evidence supporting the applicability of section
				386-33,
				HRS, the director may order the employer to reimburse the special compensation
				fund for cost and fees which the fund may incur during the proceedings of the
				injury.
(c) Any employer who
				accepts all liability for benefits due an injured employee should pre-existing
				disability combined with the injury result in a greater disability need not
				file a notice.
(d) Benefits due an
				injured employee pursuant to section
				386-33,
				HRS, shall be paid by the employer or the special compensation fund, or
				both.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 2 - COMPENSATION › Section 12-10-34 - Controverted case payments

Current through June,
				2024
When only the question of liable employer in an industrial
				  injury is to be settled and temporary disability benefits remain unpaid, the
				  last employer shall pay seventy-five per cent of the weekly benefits. The
				  payments shall be made without a decision of the director. When a liability
				  determination is made, the liable employer, if not the last employer, shall
				  reimburse the last employer.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 3 - ADMINISTRATION › Section 12-10-61 - Filing of report

Current through June,
				2024
(a) All reports
				required to be filed pursuant to chapter
				386, HRS, and this chapter shall be
				filed at the office of the disability compensation division, department of
				labor and industrial relations, Honolulu, Hawaii, except that reports of
				injuries occurring in all political subdivisions, except the city and county of
				Honolulu, shall be filed at the district office of the department in the county
				in which the injury occurred.
(b)
				Any report or form provided by the director and required to be filed at the
				Honolulu office of the disability compensation division shall be the original;
				and any such report or form required to be filed at the district offices of the
				department shall be the original and one legible copy.
(c) All reports or forms required to be filed
				pursuant to chapter
				386, HRS; and this chapter shall be
				written in ink or typewritten and shall be signed in ink. The signature of the
				person signing the report or form constitutes a certification that the person
				has read the report or form and that, to the best of the individual's
				knowledge, information, and belief, all information contained in the report or
				form is true.
(d) Notwithstanding
				subsections (b) and (c), the director may approve electronic submission of
				reports. The electronic submission of reports shall be accompanied by a
				certification that the information contained in the electronic submission is
				true and accurate.
(e) In computing
				any period of time prescribed by chapter
				386, HRS, and this chapter, 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 so computed shall be
				included unless it is a Saturday, Sunday, or legal holiday in the State, in
				which event this period shall run until he next day which is neither a
				Saturday, Sunday, nor a holiday. A half-holiday shall be considered as other
				days and not a holiday.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 3 - ADMINISTRATION › Section 12-10-62 - Public records

Current through June,
				2024
(a) The term
				"public records" as used in this chapter is defined as in section
				92-1,
				HRS, and shall include all rules, regulations, written statements of policy or
				interpretation formulated, adopted, or used by the director regarding the
				administration and application of chapter
				386, HRS, all industrial injury case
				files, all final opinions, decisions and orders, and any other material on file
				in the office of the disability compensation division unless accorded
				confidential treatment pursuant to statute, administrative rule, or determined
				by the director to be in the best interest and welfare of a claimant.
(b) All public records shall be available for
				inspection in the office of the disability compensation division and the
				department's district offices during established office hours.
(c) Public records printed or reproduced by
				the director in quantity shall be given to any person requesting same and
				paying the cost thereof. Photocopies of public records shall be made and given
				to any person upon request and upon payment of the cost thereof, and certified
				copies of extracts from public records shall also be given upon request and
				upon payment of the cost thereof.
(d) Requests for public information, for
				permission to inspect official records, or for copies of public records shall
				be made in writing to the director. The requests shall be handled with due
				regard for the dispatch of other public duties.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 3 - ADMINISTRATION › Section 12-10-63 - Application for reopening of cases

Current through June,
				2024
(a) An application
				for reopening of a case pursuant to section
				386-89,
				HRS, shall be in writing, shall state specifically the grounds upon which the
				application is based, and shall be served upon each party at the time of filing
				with the director.
(b) Whenever an
				application for reopening of a case is made, the director shall review the case
				file and may, by discretion, hear the interested parties. The director shall
				deny or grant a reopening and notify the parties in writing.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 3 - ADMINISTRATION › Section 12-10-64 - Correction of records

Current through June,
				2024
In the absence of an appeal, clerical mistakes in a decision
				  or order and errors arising from oversight or omission may be corrected by the
				  director at any time or on the application of any party and after notice to
				  each party in a case.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 3 - ADMINISTRATION › Section 12-10-67 - Witness fees

Current through June, 2024
A subpoenaed witness shall be entitled to the same witness
				  fee as in the case of a witness subpoenaed to testify before the circuit
				  court.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 3 - ADMINISTRATION › Section 12-10-68 - Posting and furnishing of information

Current through June,
				2024
(a) Each employer
				shall post and maintain in places readily accessible to employees a printed
				statement, "Notice to Employees", issued by the director.
(b) Every employer shall furnish within three
				working days of notice of the injury to each injured employee a copy of the
				brochure, "Highlights of the Hawaii Workers' Compensation Law", issued by the
				director.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 3 - ADMINISTRATION › Section 12-10-69 - Attorney's fees

Current through June, 2024
(a) Within ten calendar days following the
				filing of a final decision and order or upon the filing of a stipulation and
				settlement agreement, attorneys seeking approval of fees and costs claims
				pursuant to section
				386-94,
				HRS, shall file with the department a request for approval of attorney's fees
				and costs setting forth a detailed breakdown of the time expended and costs
				incurred in each activity up to and including the date of the decision. The
				request shall be served on those parties against which the fees and costs
				claims are to be assessed. Any party objecting to approval of a request may
				file written objections no later than ten calendar days after service. No
				request for approval of attorney's fees and costs claims or agreement to pay
				attorney's fees and costs claims shall be valid until approved by the director.
				The director may require additional details and justification of time billed or
				costs claims. The director shall disapprove requests which are not served
				properly or filed timely, except for good cause.
(b) Costs claims such as delivery, typing,
				telephone (except for long distance calls), fax, and parking are considered
				part of the cost of doing business and shall not normally be approved unless
				properly justified. Claims such as photocopying and long distance telephone
				calls may be approved as costs if properly justified.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 3 - ADMINISTRATION › Section 12-10-70 - Penalties and fines

Current through June, 2024
All penalties and fines authorized by chapter
				  386 may be assessed by the director.
				  The assessments shall be paid into the special compensation fund established
				  under section
				  386-151,
				  HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 3 - ADMINISTRATION › Section 12-10-71 - Annotation of documents

Current through June,
				2024
All documents, correspondence, or other material filed with
				  the director shall include as part of the heading:
(1) The injured employee's full
				name;
(2) Department's case
				number;
(3) Date of
				accident;
(4) Name of the employer
				in whose employ the injury occurred; and
(5) If applicable, the name of the insurer or
				adjuster.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 3 - ADMINISTRATION › Section 12-10-72 - Hearing notices

Current through June,
				2024
(a) All hearing
				notices shall be mailed to the last known address on record of the injured
				employee and the employer or the insurer or the adjuster of the employer. All
				parties shall notify the department in writing of any address changes within
				two weeks of the change. Hearing notices shall also be mailed to the employee's
				or employer's designated representative provided a letter of representation is
				on file with the department. Requests for hearing notices by other parties of
				interest shall be in writing, and approved by the injured employee, employer,
				or director for each injury.
(b)
				Should the injured employee or employee's representative, or the employer or
				employer's representative fail to appear at the hearing, the director may issue
				a decision based on the information on file. The decision shall be final unless
				appealed pursuant to section
				386-87,
				HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 10 - WORKERS COMPENSATION › Subchapter 3 - ADMINISTRATION › Section 12-10-73 - Compensability denied or not accepted

Current through June,
				2024
(a) When an
				employer files a report of industrial injury, a copy of the report shall be
				concurrently furnished to the injured employee. When an employer denies
				compensability or indicates compensability is not accepted, the employer shall
				submit a written report to the director and the injured employee within thirty
				calendar days supporting the denial. Failure to submit a written report to
				support the denial shall indicate acceptance of the injury by the employer. The
				director may grant extensions for filing the employer's written report upon
				showing of good cause in writing.
(b) If upon review the director believes the
				injury should be accepted or is compensable, the director shall notify the
				employer and give the employer thirty calendar days to request a hearing.
				Should the employer fail to request a hearing, such action shall be considered
				a waiver of hearing and the director may issue a decision without hearing
				holding the injury compensable. The decision shall be final unless appealed
				pursuant to section
				386-87,
				HRS.
(c) If upon review the
				director believes the denial of compensability is proper, the director shall
				notify the injured employee and give the injured employee an option to file a
				claim for industrial injury in accordance with chapter
				386, HRS.