§383-73 Penalty for delinquency; remission. (a) A penalty of ten per cent or $100, whichever is greater, shall be added to the amount of all delinquent contributions, as hereafter defined, and any delinquent contribution and penalty remaining unpaid fifteen days after the date of delinquency shall bear interest from the date of delinquency at the rate of two-thirds of one per cent for each month or fraction of a month until paid. Any penalty and interest assessed pursuant to this section shall be added to the contribution and shall be collected as a part of the contribution. For the purposes of this section, a contribution shall be deemed delinquent:
(1) Upon a nonpayment thereof on the date prescribed for its payment, but only in case of failure to pay a contribution shown due by a return, or in case of failure to file a return, or in case of failure to pay a contribution because of a false or fraudulent return; and
(2) Upon nonpayment thereof within the time provided by subsection (c) of section 383-70, in any other case.
(b) Except in cases of fraud or wilful violation of this chapter, or wilful refusal to make a return, the director may, in a case of excusable failure to file a return, or pay a contribution within the time required by this chapter, or in a case of uncollectibility of the whole amount due, remit any amount of penalties or interest added to any delinquent contribution; provided that a claim of nonliability shall not be deemed as a refusal to make a return.
(c) The department shall keep a record of any remittance approved by the director.
(d) Whenever an employer makes a partial payment of a sum owed for delinquent contributions, penalties, and interest, the amount received by the director shall first be credited to interest, then to penalties, and then to principal. [L 1939, c 219, §7(f); am L 1941, c 304, §1, subs 24; RL 1945, §4259; am L 1951, c 123, §1; am L 1953, c 23, §1(4); RL 1955, §93-72; am L 1957, c 205, §1(b); HRS §383-73; gen ch 1985; am L 2020, c 44, §4]
Structure Hawaii Revised Statutes
Title 21. Labor and Industrial Relations
383. Hawaii Employment Security Law
383-2 Definition of employment.
383-4 Election of employing unit.
383-5 Service localized where.
383-6 Master and servant relationship, not required when.
383-7.5 Part-time work; benefits available.
383-7.6 Separation for compelling family reason.
383-8 Included and excluded service.
383-12 Requirement to post work availability online.
383-22 Weekly benefit amount; computation, minimum and maximum.
383-23 Weekly benefit for unemployment.
383-24 Maximum potential benefits.
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.
383-33 Determinations, in general.
383-34 Reconsideration of determination.
383-35 Appeal pending when redetermination issued.
383-36 Notice of determinations.
383-38 Appeals, filing, and hearing.
383-40 Conclusiveness of determinations and decisions.
383-44 Recovery of benefits paid.
383-61 Payment of contributions; wages not included.
383-61.5 Special assessments on employers to pay interest on loans from Secretary of Labor.
383-62.5 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.
383-68 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.
383-76 Refunds and adjustments.
383-77 Employers' coverage, election.
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.
383-93 Investigation of unemployment hazard.
383-95 Disclosure of information.
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.
383-123 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.
383-161 Waiver of rights void.
383-163 No assignment of benefits; waiver.
383-163.5 Child support intercept of unemployment benefits.
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.
383-170 Eligibility requirements for extended benefits.
383-171 Weekly extended benefit amount.
383-172 Total extended benefit amount.
383-173 Beginning and termination of extended benefit period.
383-176 Limitation of extended benefits by trade readjustment allowance.