reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 2 - ELIGIBILITY AND DISQUALIFICATION FOR BENEFITS › Section 12-5-35 - Availability

Current through June, 2024
(a) An individual shall be deemed able and
				available for work within the meaning of section
				383-29(a)(3),
				Hawaii Revised Statutes, if the individual is able and available for suitable
				work during the customary work week of the individual's customary occupation
				which falls within the week for which a claim is filed.
(1) An individual shall be deemed able to
				work if the individual has the physical and mental ability to perform the usual
				duties of the individual's customary occupation or other work for which the
				individual is reasonably fitted by training and experience.
(2) An individual shall be deemed available
				for work only if the individual is ready and willing to accept employment for
				which the individual is reasonably fitted by training and experience. The
				individual must intend and wish to work, and there must be no undue
				restrictions either self-imposed or created by force of circumstances which
				prevent the individual from accepting employment.
(3) Notwithstanding any provisions of this
				subsection to the contrary, an individual who meets the definition of
				part-total unemployment under section
				12-5-1
				may be considered available for work in situations where the individual did not
				accept an offer of part-time work from an employer:
(A) If the offer of part-time work was not in
				the individual=s customary occupation or in the occupation that the individual
				is seeking full-time employment, and the individual was otherwise available for
				employment during the normal work week in the individual=s customary occupation
				or in the occupation that the individual is seeking full-time
				employment;
(B) Due to a work
				schedule conflict with another employer; or
(C) Due to lack of sufficient advance notice
				of a work schedule change.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 2 - ELIGIBILITY AND DISQUALIFICATION FOR BENEFITS › Section 12-5-43 - Vocational training or retraining course

Current through June,
				2024
(a) For the
				purposes of section
				383-29(e),
				Hawaii Revised Statutes, and this section, a "vocational training or retraining
				course" means a technical training course, including field work or
				apprenticeship-type situations, which is designed to prepare individuals for
				gainful employment in recognized or new occupations then in existence, or
				expected to exist in the immediate future. "Vocational training or retraining
				course" is a technical course in job preparation rather than an academic course
				and includes training designed to enhance the employability of individuals by
				upgrading basic skills through remedial or English-as-a-second-language
				courses. The term "vocational training or retraining course" does not include
				courses of instruction for an individual which are primarily intended to lead
				to a baccalaureate or higher degree, or training that has as its purpose the
				preparation of individuals for employment which requires a baccalaureate or
				higher degree from institutions of higher education.
(b) Generally, an individual possessing
				skills in a higher rated occupation shall not receive approval of training if
				that individual undertakes a program of instruction in a lower skill level
				occupation. However, consideration shall be given to extenuating factors such
				as the individual's inability to continue in the individual's usual occupation
				because of illness or injury and the individual's potential to adapt to a new
				line of work after a reasonable period of instruction.
(c) Individuals claiming benefits and
				receiving approved vocational training shall not be deemed unavailable for work
				during short school vacations such as Easter, Thanksgiving, Christmas, and
				between school semesters during the regular school year. When, however, the
				training course is interrupted by a summer vacation, the individual shall be
				eligible for benefits only if the individual is able and available for work as
				provided in Section
				12-5-35.
(d) During a period of approved training, an
				individual shall be deemed to have good cause for not applying for or accepting
				suitable employment if such action would require the individual to terminate
				that individual's training prematurely.
(e) Benefits shall be payable for any period
				in which the trainee demonstrates satisfactory progress and attendance in an
				approved vocational training or retraining course as determined by the training
				facility.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 2 - ELIGIBILITY AND DISQUALIFICATION FOR BENEFITS › Section 12-5-47 - Voluntary separation

Current through June,
				2024
(a) An individual
				shall be disqualified for benefits for voluntarily leaving work without good
				cause.
(b) A separation is a
				voluntary leaving or quitting when the facts and circumstances demonstrate that
				a claimant is the "moving party" in the termination of an employment
				relationship.
(c) Generally, a
				leaving of work is considered to be for good cause where it is for a real,
				substantial, or compelling reason, or a reason which would cause a reasonable
				and prudent worker, genuinely and sincerely desirous of maintaining employment,
				to take similar action. Such a worker is expected to try reasonable
				alternatives before terminating the employment relationship.
Good cause for leaving employment may be found where there
				  is:
(1) Change in working conditions
				and the change is prejudicial or detrimental to the health, safety, or morals
				of the individual;
(2) Change in
				terms and conditions of employment, including, but not limited to: change in
				rate of pay, position or grade, duties, days of work, or hours of
				work;
(3) Discrimination which
				violates federal or state laws regarding equal employment opportunity
				practices;
(4) Change in the
				individual's marital or domestic status;
(5) Acceptance of a definite, firm offer made
				of other employment where the offer is subsequently withdrawn and the former
				employer refuses to rehire the individual;
(6) Retirement under a mandatory requirement
				imposed by a collective bargaining agreement;
(7) Evidence that the individual was a victim
				of domestic or sexual violence, including any circumstance which causes a
				reasonable person to believe that other available alternatives, such as a leave
				of absence, a transfer of jobs, or an alternate work schedule, would not be
				sufficient to guarantee the safety of the individual and that separation from
				employment was necessary to address the resulting physical and psychological
				effects, to seek or reside in an emergency shelter, or to avoid future domestic
				or sexual violence. Such evidence includes police records, court records,
				statements from the individual, a volunteer of a victim services organization,
				the individual's attorney or advocate, a member of the clergy, medical or other
				professional from whom the individual has sought assistance related to the
				domestic or sexual violence, or other corroborating evidence. As used in this
				subsection, "domestic or sexual violence" includes domestic abuse, sexual
				assault, or stalking; or
(8) Any
				other factor relevant to a determination of good cause.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 2 - ELIGIBILITY AND DISQUALIFICATION FOR BENEFITS › Section 12-5-51 - Suspension or discharge for misconduct

Current through June,
				2024
(a) A discharge
				occurs when an employer is the "moving party" in the termination of the
				employment relationship.
(b) A
				suspension occurs when the employer takes action to refuse work and
				remuneration to an employee without terminating the employment
				relationship.
(c) Misconduct
				connected with work consists of actions which show a wilful or wanton disregard
				of the employer's interests, such as deliberate violations of or deliberate
				disregard of the standards of behavior which the employer has a right to expect
				of an employee, or carelessness, or negligence of such a degree or recurrence
				as to show wrongful intent or evil design. Mere inefficiency, unsatisfactory
				conduct, poor performance because of inability or incapacity, isolated
				instances of ordinary negligence or inadvertence, or good-faith errors in
				judgment or discretion are not misconduct. The misconduct shall be related to
				the work of the individual or the individual's status as an employee.
(d) In determining whether an individual's
				act constituted "misconduct" the department shall consider any relevant
				evidence presented which relates to:
(1)
				Employee's reasons for the act or omission, and efforts to avoid the act or
				failure to act;
(2) The relevant
				circumstances of the case and any causative effect therefrom upon the
				employee's actions;
(3) The nature
				and importance to the employer of the offended interest of the
				employer;
(4) Any lawful and
				reasonable company policy or custom;
(5) Employer's actions to curtail or prevent,
				if possible, the objectionable conduct; and
(6) The nature of the act or failure to
				act.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 2 - ELIGIBILITY AND DISQUALIFICATION FOR BENEFITS › Section 12-5-55 - Failure to apply for work

Current through June,
				2024
(a) A claimant
				shall be disqualified under section
				383-30(3),
				Hawaii Revised Statutes, if:
(1) The claimant
				was offered employment or was directed to apply for employment by a public
				employment office;
(2) The
				prospective employment was suitable;
(3) The offer was refused or the claimant
				failed to apply; and
(4) The
				refusal or failure to apply was without good cause.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 2 - ELIGIBILITY AND DISQUALIFICATION FOR BENEFITS › Section 12-5-63 - Interpretation of labor dispute

Current through June,
				2024
As used in section
				  383-30(4),
				  Hawaii Revised Statutes, "labor dispute" means any controversy concerning
				  terms, tenure, or conditions of employment, or concerning the association or
				  representation of persons in negotiating, fixing, maintaining, changing, or
				  seeking to arrange terms or condition of employment regardless of whether the
				  disputants stand in the proximate relation of employer and
				  employee.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 2 - ELIGIBILITY AND DISQUALIFICATION FOR BENEFITS › Section 12-5-67 - False statement or representation

Current through June,
				2024
The administrative penalty under section
				  383-30(5),
				  Hawaii Revised Statutes, shall be applied only if the department finds the
				  following four elements:
(1) There is
				a false statement, or misrepresentation or nondisclosure of a fact;
(2) The fact falsely stated, misrepresented,
				or concealed is material;
(3) The
				fact is falsely stated, misrepresented, or concealed knowingly; and
(4) The false statement, misrepresentation,
				or concealment is for the purpose of obtaining benefits.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 2 - ELIGIBILITY AND DISQUALIFICATION FOR BENEFITS › Section 12-5-68 - Retirement payments

Current through June,
				2024
As used in section
				  383-23.5,
				  Hawaii Revised Statutes:
(1) "Is
				receiving a pension" means a pension actually received or a pension applied for
				and determined by the authorities responsible for administering the pension
				program to be payable in specified amounts for the same period that
				unemployment insurance benefits are payable and the individual is only awaiting
				receipt of those payments; provided that if the individual is subsequently
				determined ineligible for the pension, the individual shall be entitled to
				unemployment insurance benefits previously denied under section
				383-23.5,
				Hawaii Revised Statutes, if the individual is otherwise eligible;
(2) "One-half the prorated weekly amount"
				means the amount obtained by dividing the "prorated weekly amount" by two and
				round the quotient to the nearest cent;
(3) "Pension (which shall include a
				governmental or other pension, retirement or retired pay, annuity, or any other
				similar periodic payment)" includes:
(A)
				Primary social security old-age and disability retirement benefits;
(B) State and local government pension of all
				types;
(C) Federal civil service
				pensions, including disability pensions;
(D) Pensions from private profit or nonprofit
				employers;
(E) Military retirement
				and disability retirement pensions;
(F) Railroad retirement annuities;
				and
(G) Benefits derived from
				individual retirement accounts;
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 3 - CLAIMS FOR BENEFITS; DETERMINATIONS; APPEALS › Section 12-5-73 - Definitions

Current through June, 2024
Unless the context otherwise requires, the following terms
				  used in sections
				  12-5-77 to
				  12-5-93 shall have the following
				  meaning:
"Additional claim" means a notice of new unemployment filed
				  in accordance with section
				  12-5-81 at the beginning of a
				  second or subsequent period of eligibility within a previously established
				  benefit year when a break of one week or more has occurred in the claim series
				  with intervening employment.
"Continued claim certification" means an application which
				  certifies to the completion of a week of total, part-total, or partial
				  unemployment either to satisfy a week of the waiting period requirement or to
				  claim benefits for a week of unemployment;
"Initial claim" includes a new claim, additional claim, or a
				  reopened claim;
"New claim" means the first claim filed in accordance with
				  section 12-5-81 to request a determination
				  of eligibility for benefits and a computation of the maximum benefits payable
				  and the weekly rate at which benefits may be payable;
"Reopened claim" means an application for determination of
				  eligibility for benefits and which certifies to the beginning date of a period
				  of unemployment which would fall within a benefit year previously established
				  for which a continued claim certification or series thereof may be filed, and
				  which follows a break in a claim series previously established, due to illness,
				  disqualification, unavailability, or failure to report for any reason other
				  than re-employment.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 3 - CLAIMS FOR BENEFITS; DETERMINATIONS; APPEALS › Section 12-5-77 - Information to workers

Current through June,
				2024
Every employer shall post and maintain, in accessible and
				  conspicuous places in all establishments or places of business where workers
				  perform their service, such information cards or posters as are provided for
				  that purpose by the department.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 3 - CLAIMS FOR BENEFITS; DETERMINATIONS; APPEALS › Section 12-5-85 - Recovery of benefits paid

Current through June,
				2024
Any person who has received any amount as benefits to which
				  that person was not entitled shall be liable for such amount unless the
				  overpayment was received without fault on the part of the recipient and its
				  recovery would be against equity and good conscience.
(1) "Fault" shall be defined as:
(A) A material statement made by the
				individual which the individual knew or should have known to be incorrect;
				or
(B) Failure to furnish
				information which the individual knew or should have known to be material;
				or
(C) Acceptance of a payment
				which the individual either knew or reasonably could have been expected to know
				was incorrect.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 3 - CLAIMS FOR BENEFITS; DETERMINATIONS; APPEALS › Section 12-5-93 - Benefits appeals

Current through June,
				2024
(a) The term
				"party" or "parties" as used herein shall include the department, claimant, and
				such employing units as are entitled to notice of determination upon a
				claim.
(b) Any appeal to the
				referee from a claim determination or redetermination shall be filed in writing
				at the unemployment insurance office in the county where the claimant resides
				or in which the claimant was last employed. Deposit of an appeal in the mail,
				addressed to such office, and a postmark date thereof within the time allowed
				by law for filing appeals shall be deemed a timely filing.
(c) Written notice of hearing, specifying the
				time and place thereof and those questions which are known to be in dispute,
				shall be given or mailed to the parties fifteen or more days before the
				hearing.
(d) When deemed necessary
				by the referee, the parties may be directed in writing to appear before the
				referee for a prehearing conference to consider:
(1) Simplification of the issues;
(2) Stipulation by the parties, subject to
				the approval of the referee, as to all or a portion of the facts involved in
				the proceedings, or the admission of documents, or both; and
(3) Such other matters as may aid in the
				disposition of the proceedings.
The referee may make an order which recites the action taken
				  at the conference, the agreements made by the parties as to any of the matters
				  considered and which limit the issues for hearing to those not disposed of by
				  admissions or agreements of parties. The order, when entered, shall control the
				  subsequent course of the proceeding unless modified at the hearing to prevent
				  manifest injustice. If requested by either party, the order shall be made and
				  entered. The referee may direct either party to prepare the order.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 4 - COMBINING OF WAGE CREDITS › Section 12-5-99 - Definitions

Current through June, 2024
Unless the context otherwise requires, the following terms
				  used in sections
				  12-5-103 to
				  12-5-123 shall have the following
				  meanings:
"Base period" means the base period applicable under the
				  unemployment insurance law of the paying state;
"Benefit year" means the benefit year applicable under the
				  unemployment insurance law of the paying state;
"Combined-wage claim" means a claim filed under this
				  arrangement;
"Combined-wage claimant" means a claimant who has covered
				  wages under the unemployment insurance laws of more than one state and who has
				  filed a claim under this arrangement;
"Employment" means all services which are covered under the
				  unemployment insurance law of a state, whether expressed in terms of weeks of
				  work or otherwise;
"Paying state" means:
(1) The state in which a combined-wage claimant files a
				  combined-wage claim, if the claimant qualifies for unemployment benefits in
				  that state on the basis of combined employment and wages; or
(2) If the state in which a combined-wage claim is filed is
				  not the paying state under the criterion set forth above in paragraph (1), or
				  if the combined-wage claim is filed in Canada or the Virgin Islands, then the
				  state where the combined-wage claimant was last employed in covered employment
				  among the states in which the claimant qualifies for unemployment benefits on
				  the basis of combined employment and wages;
"State" includes the states of the United States of America,
				  the District of Columbia, and the Commonwealth of Puerto Rico;
"State agency" means the agency which administers the
				  unemployment insurance law of a state;
"Secretary" means the Secretary of Labor of the United
				  States;
"Transferring state" means a state in which a combined-wage
				  claimant has covered employment and wages in the base period of a paying state,
				  which transfers such employment and wages to the paying state for its use in
				  determining the benefit rights of such claimant under its law;
"Wages" means all remuneration for "employment" as defined in
				  this section.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 4 - COMBINING OF WAGE CREDITS › Section 12-5-103 - Election to file a combined-wage claim

Current through June,
				2024
(a) An unemployed
				individual may elect to file a claim under this arrangement if that individual
				has covered employment under the unemployment insurance laws of two or more
				states. The individual may not file a claim under this arrangement if the
				individual has a current benefit year with available benefits under any state
				or federal law.
(b) For the purpose
				of this arrangement, a claimant shall not be considered to have unused benefit
				rights under a law if:
(1) The claimant's
				rights to such benefits have been postponed for an indefinite period or for the
				entire period in which benefits would otherwise be payable; or
(2) Benefits are affected by the application
				of a seasonal restriction.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 4 - COMBINING OF WAGE CREDITS › Section 12-5-107 - Responsibility of the paying state; transfer of employment and wages; payment of benefits

Current through June,
				2024
(a) The paying
				state shall request the transfer of a combined-wage claimant's employment and
				wages in all states during its base period, and shall determine the
				combined-wage claimant's entitlement to benefits (including, additional
				benefits, extended benefits, and dependents' allowances when applicable) under
				the provisions of its law based on employment and wages in the paying state, if
				any, and all such employment and wages transferred to it thereunder. The paying
				state shall apply all the provisions of its law to each determination made
				thereunder, even if the combined-wage claimant has no earnings in covered
				employment in that state, except that the paying state may not determine an
				issue which has previously been adjudicated by a transferring state. If the
				paying state fails to establish a benefit year for the combined-wage claimant,
				or if the claimant withdraws such claim as provided herein, the paying state
				shall return to each transferring state all employment and wages.
(b) The paying state shall give to the
				claimant a notice of each of its determinations on the claimant's combined-wage
				claim that the claimant is required to receive under the Secretary's claim
				determinations standard, and the contents of each such notice shall meet such
				standard. When the claimant has filed a combined-wage claim in a state other
				than the paying state, the paying state shall send a copy of each such notice
				to the local office in which the claimant filed such claims.
(c) Redeterminations may be made by the
				paying state in accordance with its law based on additional or corrected
				information received from any source, including a transferring state, except
				that such information shall not be used as a basis for changing the paying
				state if benefits have been paid under the combined-wage claim.
(d) Appeals shall be filed as follows:
(1) Except as provided in paragraph (3),
				where the claimant files a combined-wage claim in the paying state, any
				protest, request for redetermination, or appeal shall be in accordance with the
				law of such state.
(2) Where the
				claimant files a combined-wage claim in a state other than the paying state, or
				under the circumstances described in paragraph (3), any protest, request for
				redetermination, or appeal shall be in accordance with the interstate benefit
				payment plan.
(3) To the extent
				that any protest, request for redetermination, or appeal involves a dispute as
				to the coverage of the employing unit or services in a transferring state, or
				otherwise involves the amount of employment and wages subject to transfer, the
				protest, request for redetermination, or appeal shall be decided by the
				transferring state in accordance with its law.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 4 - COMBINING OF WAGE CREDITS › Section 12-5-111 - Responsibilities of transferring states

Current through June,
				2024
(a) Each
				transferring state shall promptly transfer to the paying state the employment
				and wages the combined-wage claimant had in covered employment during the base
				period of the paying state. Any employment and wages so transferred shall be
				transferred without restriction as to their use for determination and benefit
				payments under the provisions of the paying state's law.
(b) Employment and wages transferred to the
				paying state by a transferring state shall not include:
(1) Any employment and wages which have been
				transferred to any other paying state and not returned unused, or which have
				been used in the transferring state as the basis of a monetary determination
				which established a benefit year; or
(2) Any employment and wages which have been
				cancelled or are otherwise unavailable to the claimant as a result of a
				determination by the transferring state made prior to its receipt of the
				request for transfer, if such determination has become final or is in the
				process of appeal but is still pending. If the appeal is finally decided in
				favor of the combined-wage claimant, any employment and wages involved in the
				appeal shall forthwith be transferred to the paying state and any necessary
				redetermination shall be made by such paying state.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 4 - COMBINING OF WAGE CREDITS › Section 12-5-115 - Reuse of employment and wages

Current through June,
				2024
Employment and wages which have been used under this
				  arrangement for a determination of benefits which establishes a benefit year
				  shall not thereafter be used by any state as the basis for another monetary
				  determination of benefits.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 4 - COMBINING OF WAGE CREDITS › Section 12-5-119 - Non-charge on benefits paid on combined-wage claims

Current through
				June, 2024
Benefits paid to a claimant who is eligible for benefits only
				  by combining the claimant's employment and wages in two or more states shall
				  not be charged to the reserve account of any base period employer on a
				  contributory plan.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 4 - COMBINING OF WAGE CREDITS › Section 12-5-123 - Amendment of interstate arrangement

Current through June,
				2024
Periodically the secretary shall review the operation of this
				  arrangement and shall propose such amendments to the arrangement as the
				  secretary believes are necessary or appropriate. Any state unemployment
				  compensation agency or the interstate conference of employment security
				  agencies may propose amendments to the arrangement. Any proposal shall
				  constitute an amendment to the arrangement upon approval by the Secretary in
				  consultation with the states unemployment agencies. Any such amendment shall
				  specify when the change shall take effect, and to which claims it shall
				  apply.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 5 - BENEFITS TO INTERSTATE CLAIMANTS › Section 12-5-129 - Application

Current through June, 2024
Sections
				  12-5-133 to
				  12-5-157 shall govern the
				  department in its administrative cooperation with other states adopting similar
				  rules for the payment of benefits to interstate claimants and the recovery of
				  overpayments.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 5 - BENEFITS TO INTERSTATE CLAIMANTS › Section 12-5-136 - Notification of interstate claim

Current through June,
				2024
The liable state will notify the agent state of each initial
				  claim, reopened claim, claim transferred to interstate status, and each week
				  claim filed from the agent state using uniform procedures and record format
				  pursuant to the Interstate Benefit Payment Plan.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 5 - BENEFITS TO INTERSTATE CLAIMANTS › Section 12-5-137 - Registration for work

Current through June,
				2024
(a) The agent state
				shall register for work each interstate claimant who files through the agent
				state, or upon notification of a claim filed directly with the liable state, as
				required by the law, regulations and procedures of the agent state. Such
				registration shall be accepted as meeting the registration requirements of the
				liable state.
(b) Each agent state
				shall duly report to the liable state in question, each interstate claimant who
				fails to meet registration/reemployment assistance reporting requirements of
				the agent state.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 5 - BENEFITS TO INTERSTATE CLAIMANTS › Section 12-5-141 - Benefit rights of interstate claimants

Current through June,
				2024
(a) If a claimant
				files a claim against any state, and it is determined by such state that the
				claimant has available benefit credits in such state, then claims shall be
				filed only against such state as long as benefit credits are available in that
				state. Thereafter, the claimant may file claims against any other state in
				which there are available benefit credits.
(b) For the purposes of this section, benefit
				credits shall be deemed to be unavailable whenever benefits have been
				exhausted, terminated, or postponed for an indefinite period or for the entire
				period in which benefits would otherwise be payable, or whenever benefits are
				affected by the application of a seasonal restriction.
(c) The benefit rights of interstate
				claimants established by this section shall apply only with respect to new
				claims (notices of unemployment) filed on or after July 5, 1953.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 5 - BENEFITS TO INTERSTATE CLAIMANTS › Section 12-5-145 - Claims for benefits

Current through June,
				2024
(a) Claims for
				benefits or waiting period filed by an interstate claimant directly with the
				liable state shall be filed in accordance with the liable state=s
				procedures.
(b) With respect to
				weeks of unemployment during which an individual is attached to a regular
				employer, the liable state shall accept as timely any claim which is filed
				through the agent state within the time limit applicable to such claims under
				the law of the agent state.
(c)
				Individuals who temporarily leave the area in which they are currently filing
				for benefits and registered for work may file for not more than two consecutive
				weeks of benefits by reporting to an unemployment insurance claims office
				serving the new area. Such continued claims for benefits shall comply with the
				filing requirements of subsection (a). If the individual remains in the new
				area for a longer period of time, an initial interstate claim should be filed.
				However, the requirements of this subsection may not apply if the individual is
				instructed or authorized to do otherwise by the department or the unemployment
				insurance claims office in the new area.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 5 - BENEFITS TO INTERSTATE CLAIMANTS › Section 12-5-149 - Determination of claims

Current through June,
				2024
(a) The agent state
				shall, in connection with each claim filed by an interstate claimant, identify
				to the liable state in question, any potential issue relating to the claimant's
				availability for work and eligibility for benefits detected by the agent
				state.
(b) The agent state's
				responsibility and authority in connection with the determination of interstate
				claims shall be limited to the identification of potential issues identified in
				connection with initial or weeks claimed filed through the agent state and the
				reporting of relevant facts pertaining to each claimant's failure to register
				for work or report for reemployment assistance as required by the agent
				state.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 5 - BENEFITS TO INTERSTATE CLAIMANTS › Section 12-5-151 - Recovery of overpayment under the Interstate Reciprocal Overpayment Recovery Arrangement; responsibilities of participating states

Current
				through June, 2024
(a)
				If an individual has a state or federal overpayment outstanding in a
				participating state and recovery is requested from another participating state,
				the requesting state shall perform the following duties:
(1) Send the recovering state a written
				request for overpayment recovery assistance which includes:
(A) Certification that the overpayment is
				legally collectable under the requesting state's law;
(B) Certification that the determination is
				final and that any rights to postponement of recoupment have been exhausted or
				have expired;
(C) A statement as to
				whether the state is participating in cross-program offset by agreement with
				the Secretary of Labor; and
(D) A
				copy of the initial overpayment determination and a statement of the
				outstanding balance.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 5 - BENEFITS TO INTERSTATE CLAIMANTS › Section 12-5-153 - Appellate procedure

Current through June,
				2024
(a) The agent state
				shall afford all reasonable cooperation in the taking of evidence and the
				holding of hearings in connection with appealed interstate benefit claims when
				so requested by a liable state.
(b)
				With respect to the time limits imposed by the law of a liable state upon the
				filing of an appeal in connection with a disputed benefit claim, an appeal made
				by an interstate claimant shall be deemed to have been made and communicated to
				the liable state on the date when it is received by any qualified officer of
				the agent state.
(c) The liable
				state shall conduct hearings in connection with appealed interstate benefit
				claims. The liable state may contact the agent state for assistance in special
				circumstances.
(d) The interstate
				claimant whose liable state is Hawaii shall file an appeal of a determination
				or redetermination issued pursuant to section
				383-36,
				Hawaii Revised Statutes, in accordance with section
				383-38,
				Hawaii Revised Statutes. The appeal hearing shall be conducted by appeals
				officers in Hawaii by telephone.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 5 - BENEFITS TO INTERSTATE CLAIMANTS › Section 12-5-157 - Extension of interstate benefits to include claims taken in and for Canada

Current through June, 2024
Sections
				  12-5-133 to
				  12-5-153 shall apply in all
				  provisions to claims taken in and for Canada.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 6 - INTERSTATE RECIPROCAL COVERAGE ARRANGEMENT › Section 12-5-163 - Application

Current through June, 2024
Sections
				  12-5-167 to
				  12-5-183 shall govern the
				  department in its administrative cooperation with other states subscribing to
				  the interstate reciprocal coverage arrangement hereinafter referred to as "the
				  arrangement".
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 6 - INTERSTATE RECIPROCAL COVERAGE ARRANGEMENT › Section 12-5-167 - Definitions

Current through June, 2024
As used in Sections
				  12-5-171 to
				  12-5-183, unless the context
				  clearly indicates otherwise:
"Agency" means any officer, board, commission, or other
				  authority charged with the administration of the unemployment insurance law of
				  a participating jurisdiction;
"Interested agency" means the agency of an interested
				  jurisdiction;
"Interested jurisdiction" means any participating
				  jurisdiction to which an election submitted under Section
				  12-5-171 is sent for its
				  approval;
"Jurisdiction" means any state of the United States, the
				  District of Columbia, or, with respect to the federal government, the coverage
				  of any federal unemployment insurance law;
"Participating jurisdiction" means a jurisdiction whose
				  administrative agency has subscribed to the arrangement and whose adherence
				  thereto has not terminated;
"Services 'customarily performed' by an individual in more
				  than one jurisdiction" means services performed in more than one jurisdiction
				  during a reasonable period, if the nature of the services gives reasonable
				  assurance that such services will continue to be performed in more than one
				  jurisdiction or if such services are required or are expected to be performed
				  in more than one jurisdiction under the election.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 6 - INTERSTATE RECIPROCAL COVERAGE ARRANGEMENT › Section 12-5-171 - Submittal and approval of coverage election under the arrangement

Current through June, 2024
(a) Any employing unit may file an election,
				on a form provided or approved by the elected jurisdiction, to cover under the
				law of a single participating jurisdiction all of the services performed for
				such employing unit by any individual who customarily works for such employing
				unit in more than one participating jurisdiction.
Such an election may be filed, with respect to an individual,
				  with any participating jurisdiction in which:
(1) Any part of the individual's services are
				performed; or
(2) The individual
				has residence; or
(3) The employing
				unit maintains a place of business to which the individual's services bear a
				reasonable relation.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 6 - INTERSTATE RECIPROCAL COVERAGE ARRANGEMENT › Section 12-5-175 - Effective period of elections

Current through June,
				2024
(a) An election
				duly approved under section
				12-5-171
				shall become effective at the beginning of the calendar quarter in which the
				election was submitted unless the election, as approved, specified the
				beginning of a different calendar quarter.
If the electing unit requests an earlier effective date than
				  the beginning of the calendar quarter in which the election is submitted, such
				  earlier date may be approved solely as to those interested jurisdictions in
				  which the employer had no liability to pay contributions for the earlier period
				  in question.
(b) The
				application of an election to any individual under section
				12-5-171
				shall terminate if the agency of the elected jurisdiction finds that the nature
				of the services customarily performed by the individual for the electing unit
				has changed, so that they are no longer customarily performed in more than one
				participating jurisdiction. Such termination shall be effective as of the close
				of the calendar quarter in which notice of such findings is mailed to all
				parties affected.
(c) Except as
				provided in subsection (b), each election approved hereunder shall remain in
				effect through the close of the calendar year in which it is submitted, and
				thereafter until the close of the calendar quarter in which the electing unit
				gives written notice of its termination to all affected agencies.
(d) Whenever an election under Section
				12-5-171
				ceases to apply to any individual under subsections (b) and (c), the electing
				unit shall notify the affected individual accordingly.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 6 - INTERSTATE RECIPROCAL COVERAGE ARRANGEMENT › Section 12-5-179 - Reports and notices by the electing unit

Current through June,
				2024
(a) The electing
				unit shall promptly notify each individual affected by its approved election,
				on a form supplied by the elected jurisdiction, and shall furnish the elected
				agency a copy of such notice.
(b)
				Whenever an individual covered by an election under Section
				12-5-171
				is separated from employment, the electing unit shall again notify the
				individual forthwith as to the jurisdiction under whose unemployment insurance
				law such individual's services have been covered. If at the time of termination
				the individual is not located in the elected jurisdiction, the electing unit
				shall notify the individual as to the procedure for filing interstate benefit
				claims.
(c) The electing unit shall
				immediately report to the elected jurisdiction any change which occurs in the
				conditions of employment pertinent to its election, such as cases where an
				individual's services for the employer cease to be customarily performed in
				more than one participating jurisdiction or where a change in the work assigned
				to an individual requires the individual to perform services in a new
				participating jurisdiction.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 6 - INTERSTATE RECIPROCAL COVERAGE ARRANGEMENT › Section 12-5-183 - Approval of reciprocal coverage election

Current through June,
				2024
The director hereby delegates to the administrator of the
				  unemployment insurance division authority to approve or disapprove reciprocal
				  coverage election in accordance with Section
				  12-5-171.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 7 - JOINT EXPERIENCE RATING ACCOUNTS › Section 12-5-189 - Application for joint accounts

Current through June,
				2024
Two or more employing units under substantially the same
				  ownership or control shall be entitled to a joint experience rating account
				  upon making written application therefor, provided all such employing units
				  have been chargeable with benefits throughout the calendar year preceding the
				  year in which the application is made and have filed all reports and paid all
				  contributions required of them by chapter
				  383, Hawaii Revised
				  Statutes.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 7 - JOINT EXPERIENCE RATING ACCOUNTS › Section 12-5-193 - Computation of combined rate

Current through June,
				2024
The department shall establish a joint experience rating
				  account for employing units which qualify for such account and shall compute a
				  combined rate effective as of the beginning of the calendar year in which such
				  employing units make application for a joint account. The department shall also
				  maintain separate experience rating accounts for each such employing
				  unit.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 7 - JOINT EXPERIENCE RATING ACCOUNTS › Section 12-5-197 - Withdrawal from joint account

Current through June,
				2024
After a joint experience rating account has been established,
				  one or more of the employing units upon written request may withdraw from such
				  joint account and shall thereupon receive a contribution rate computed on its
				  separate experience. There shall be transferred to any such employing unit's
				  separate experience rating account its portion of the joint
				  account.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 7 - JOINT EXPERIENCE RATING ACCOUNTS › Section 12-5-201 - Change of ownership

Current through June,
				2024
When it is determined to the satisfaction of the department
				  that there is a substantial change in ownership or control of any employing
				  unit which is included in a joint experience rating account, such employing
				  unit shall be given a separate account from the date of such change in control
				  or ownership. A contribution rate shall be computed for such employing unit
				  based on the predecessor's portion of the joint account.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 7 - JOINT EXPERIENCE RATING ACCOUNTS › Section 12-5-205 - Dissolution of joint account

Current through June,
				2024
A joint experience rating account shall be dissolved upon
				  withdrawal or change in ownership or control of one or more of the component
				  employing units. The remaining employing units may make written application for
				  a new joint account, for which the rate shall be computed on the basis of their
				  portion of the dissolved joint account.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 8 - DISCLOSURE OF INFORMATION › Section 12-5-211 - Disclosure of information

Current through June,
				2024
No disclosure of 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, shall
				  be made directly or indirectly, except as authorized by sections
				  12-5-215 to
				  12-5-220.