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 12-5-89 - Determinations

Current through June, 2024
(a) An unemployed individual may file an
				application for a determination of insured status in accordance with this
				chapter. A claimant may withdraw an application for a determination of insured
				status at any time prior to the time at which a valid claim is established by
				the department. If a valid claim is established, the claim may still be
				withdrawn if benefits have not been paid, unless otherwise prohibited by
				federal law. Such a request shall be in writing. Upon approval of the request
				and if the base period employers have previously been notified that the
				individual has claimed benefits, the department shall mail a copy of the
				written approval to each employer in the base period of the individual claiming
				benefits to give notice of the cancellation of the claim. Any determination
				rendered before the claim is withdrawn shall remain in effect and shall not be
				voided by the withdrawal of the claim. A determination of disqualification
				requiring subsequent earnings to requalify the individual shall apply to the
				weekly benefit amount of the individual's new claim.
(b) A determination that an individual is an
				insured worker shall remain in effect throughout the benefit year for which it
				is made, unless modified in accordance with section
				383-40,
				Hawaii Revised Statutes.
(c) When
				an insured worker files an initial claim or a continued claim certification,
				the department shall determine whether the worker has met the conditions of
				section
				383-29,
				Hawaii Revised Statutes, and whether the worker is disqualified under section
				383-30,
				Hawaii Revised Statutes.
(d) A
				benefit payment shall be deemed a determination and a notice to the claimant
				that claimant is eligible to receive the payment for the period covered
				thereby. The right to reconsider the determination is reserved to the
				department by section
				383-34,
				Hawaii Revised Statutes.
(e) Notice
				of determination shall be given as follows:
(1) A notice of a determination of insured
				status shall be promptly furnished to the claimant. The notice shall include a
				statement as to whether the claimant is an insured worker, the amount of wages
				for insured work paid to the claimant by each employer during the claimant's
				base period, and the employers by whom such wages were paid. For a claimant who
				is determined insured, the notice shall also state the claimant's benefit year,
				weekly benefit amount, and the maximum amount of benefits that may be paid to
				the claimant for the claimant's unemployment during the year. For a claimant
				who is determined not insured, the notice shall include the reason for the
				determination.
(2) A notice of a
				determination regarding a claimant's insured status shall be given by delivery
				thereof or by mailing to each employer by whom the claimant was employed during
				the claimant's base period. The notice of determination shall include the
				percentage of benefits paid that will be charged or not charged in accordance
				with section
				383-65,
				Hawaii Revised Statutes, based on the job separation information provided by
				the claimant to the department. The employer may file a request for
				reconsideration or an appeal of the determination notice in accordance with
				section
				383-34
				or
				383-38,
				Hawaii Revised Statutes.
(3) If the
				department determines pursuant to sections
				383-29
				and
				383-30,
				Hawaii Revised Statutes, that a claimant is not eligible to receive
				waiting-week credit or benefits for any week or weeks, the department shall
				promptly furnish to the claimant written notice of the determination together
				with the reasons therefore and of the period covered by such determination. Any
				employing unit which employed a claimant shall be entitled to receive a written
				notice of a determination made pursuant to section
				383-30,
				Hawaii Revised Statutes, only if it has been provided an opportunity to furnish
				information which may affect the claimant's right to waiting week credit or
				benefits for any week of unemployment prior to the determination of
				eligibility.
(4) Written notice of
				any determination to which any party is entitled shall be given promptly by
				delivery in person or by mail to the party's last known address. Each notice
				shall include, in addition to stating the decision and reasons therefor, a
				notice specifying the party's right of appeal. The notice of right of appeal
				shall state clearly the place and manner for taking an appeal from the
				determination and the period within which an appeal may be taken.
(5) A determination of insured status or of
				eligibility becomes final with respect to any interested party ten calendar
				days after notice is mailed or handed to the party unless within that period,
				the party files an application for reconsideration or an appeal to the referee,
				except that, pursuant to section
				383-34,
				Hawaii Revised Statutes, the department, on its own motion, may reconsider the
				determination within the time specified by such section.