Hawaii Revised Statutes
383. Hawaii Employment Security Law
383-69 Procedure for rate determination.

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

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 21. Labor and Industrial Relations

383. Hawaii Employment Security Law

383-1 Definitions, generally.

383-2 Definition of employment.

383-3 Place of performance.

383-4 Election of employing unit.

383-5 Service localized where.

383-6 Master and servant relationship, not required when.

383-7 Excluded service.

383-7.5 Part-time work; benefits available.

383-7.6 Separation for compelling family reason.

383-8 Included and excluded service.

383-9 Agricultural labor.

383-10 Definition of wages.

383-11 Excluded payments.

383-12 Requirement to post work availability online.

383-21 Payment of benefits.

383-22 Weekly benefit amount; computation, minimum and maximum.

383-23 Weekly benefit for unemployment.

383-23.5 Retirement payments.

383-24 Maximum potential benefits.

383-25 to 383-28 REPEALED.

383-29 Eligibility for benefits.

383-29.5 Benefits during training.

383-29.6 Partial unemployment; eligibility.

383-29.7 Partial unemployment; claim filing requirements, determinations.

383-29.8 Partial unemployment; waivers.

383-29.9 Partial unemployment; reporting requirements.

383-30 Disqualification for benefits.

383-30.5 Good cause for separation from part-time employment.

383-31 Posting of information.

383-32 Filing of claim.

383-33 Determinations, in general.

383-34 Reconsideration of determination.

383-35 Appeal pending when redetermination issued.

383-36 Notice of determinations.

383-37 Appeal tribunal.

383-38 Appeals, filing, and hearing.

383-39 Procedure.

383-40 Conclusiveness of determinations and decisions.

383-41 Judicial review.

383-42 Representation.

383-43 Payment of benefits.

383-44 Recovery of benefits paid.

383-45 Governing provisions.

383-61 Payment of contributions; wages not included.

383-61.5 Special assessments on employers to pay interest on loans from Secretary of Labor.

383-62 Rate of contributions; financing benefits paid to government employees and employees of nonprofit organizations.

383-62.5 Treatment of Indian tribes.

383-63 Definitions for experience rating provisions.

383-64 Credits for contributions; destruction of employer accounts and records.

383-65 Charges and noncharges for benefits.

383-66 Contribution rates, how determined.

383-67 Reserve ratio.

383-68 Contribution rate schedules; fund solvency rate schedule; rates based on experience.

383-69 Procedure for rate determination.

383-70 Contributions; levy; returns; assessments.

383-71 Collection of delinquent contributions.

383-72 Priorities under legal dissolutions or distributions.

383-73 Penalty for delinquency; remission

383-74 Appeal; correction of assessment or contributions.

383-75 Compromise.

383-76 Refunds and adjustments.

383-77 Employers' coverage, election.

383-78 REPEALED.

383-79 Combining services performed for predecessor and successor employing units.

383-80 Income tax refund offsets.

383-91 Duties and powers of department, director.

383-92 Rules and regulations.

383-92.5 Worker profiling.

383-93 Investigation of unemployment hazard.

383-94 Records and reports.

383-95 Disclosure of information.

383-96 Service.

383-97 Change of rates.

383-98 Referee.

383-99 Oaths and subpoenas.

383-100 Protection against self-incrimination.

383-101 Relation to chapter 371.

383-102 Preservation and destruction of records.

383-103 Representation in civil and criminal actions.

383-104 State employment service.

383-105 Federal-state cooperation.

383-106 What reciprocal arrangements authorized.

383-107 Reimbursement payments deemed benefits, when.

383-108 Cooperation with states, etc.

383-109 Cooperation with foreign governments.

383-110 Personnel security program; criminal history record checks.

383-121 Unemployment compensation trust fund; establishment and control.

383-121.5 Renumbered as §383-127.

383-122 Accounts and deposit.

383-123 Withdrawals; administrative use.

383-124 Relation to unemployment trust fund.

383-125 Financing employment security administration.

383-126 Reimbursement of fund.

383-126.5 Evaluation of fund balance adequacy.

383-127 Special unemployment insurance administration fund.

383-128 Employment and training fund established.

383-129 Employment and training assessment.

383-141 Falsely obtaining benefits, etc.

383-142 Employing units.

383-143 General penalty.

383-144 Unlawful disclosures.

383-161 Waiver of rights void.

383-162 Limitation of fees.

383-163 No assignment of benefits; waiver.

383-163.5 Child support intercept of unemployment benefits.

383-163.6 Voluntary deduction and withholding of federal and state income taxes. (a) An individual filing a new claim for unemployment compensation shall, at the time of filing the claim, be advised that: (1) Unemployment compensation is subject to f...

383-163.7 Deduction and withholding of uncollected food stamp overissuances.

383-164 Nonliability of State.

383-165 Saving clause, amendment, or repeal.

383-166 Conformity with federal law.

383-167 Amendment or repeal of federal law, effect of; nonconformity, effect of.

383-168 Definitions.

383-169 Effect of state law provisions relating to regular benefits on claims for, and the payment of, extended benefits.

383-170 Eligibility requirements for extended benefits.

383-170.5 Ineligibility for extended benefits when paid under an interstate claim in a state where extended benefit period is not in effect.

383-171 Weekly extended benefit amount.

383-172 Total extended benefit amount.

383-173 Beginning and termination of extended benefit period.

383-174 Computations.

383-176 Limitation of extended benefits by trade readjustment allowance.