§383-91 Duties and powers of department, director. (a) The department of labor and industrial relations, herein referred to as the "department" shall administer this chapter through the director of labor and industrial relations pursuant to chapter 371. The director may delegate to any person such power and authority, vested in the director by this chapter, as the director deems reasonable and proper for the effective administration of this chapter, except the power to make rules or regulations, and may in the director's discretion bond any person handling moneys or signing checks hereunder. The director may cause to be printed and distributed to the public the text of this chapter or chapter 371, and any other material the director deems relevant and suitable, and the director shall deliver a copy of the director's rules and regulations to any person making application therefor. The director may require such reports, make such investigations, and take such other action as the director deems necessary or suitable for the administration of this chapter.
(b) Personnel standards on a merit basis covering all persons employed in the administration of this chapter shall be established and maintained. The personnel standards shall be in conformity with the personnel standards promulgated by the Secretary of Labor pursuant to the Social Security Act, as amended, and the Act of Congress entitled "An act to provide for the establishment of a national employment system and for cooperation with the states in the promotion of such system, and for other purposes", approved June 6, 1933, as amended. The director may adopt such regulations applicable with respect to all persons employed in the administration of this chapter, as may be necessary to meet personnel standards promulgated by the Secretary of Labor and to provide for all matters which are appropriate to the establishment and maintenance of a merit system on the basis of efficiency and fitness. Appointments of all persons employed in the administration of this chapter shall be on a merit basis and shall be made in accordance with the applicable provisions of any state civil service law; provided that if and whenever there are no applicable provisions of any state civil service law or if and whenever any state civil service law does not meet the personnel standards promulgated by the Secretary of Labor, then the personnel standards established and maintained by the director pursuant to this subsection, and meeting the personnel standards promulgated by the Secretary of Labor, shall be applied with respect to all persons employed in the administration of this chapter.
(c) Subsection (b) of this section shall not apply to any person who pursuant to chapter 371, or any other provision of law, is exempted from state civil service provisions, unless the application of subsection (b) to any such person is specifically provided for by this chapter or is required in order to conform to the requirements of section 303(a) of the Social Security Act as amended or to the personnel standards promulgated by the Secretary of Labor.
(d) Any provision of law to the contrary notwithstanding, the director may dismiss without notice any person employed in the administration of this chapter upon receipt of notice of a determination by the United States Civil Service Commission that the person has violated the Act of Congress entitled "An act to prevent pernicious political activities", as amended, and that such violation warrants the removal of the person from the person's employment.
(e) The deputy attorney general or deputies attorney general assigned by the attorney general to furnish the legal services necessary in carrying out this chapter shall be compensated by the director. [L 1939, c 219, §10(a); am L 1941, c 304, §1, pt of subs 32; RL 1945, §4269; am L 1951, c 195, §1(11), (12); am L 1953, c 41, §1(2) and c 105, §4; RL 1955, §93-90; am L Sp 1959 2d, c 1, §27; HRS §383-91; gen ch 1985]
Note
In subsection (d), "United States Civil Service Commission" now "Office of Personnel Management". Executive Order 12107 (December 28, 1978), Reorganization Plan No. 2.
Cross References
Rulemaking, see chapter 91.
Attorney General Opinions
The referee must be appointed pursuant to the civil service law. Att. Gen. Op. 61-59.
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.