Hawaii Revised Statutes
392. Temporary Disability Insurance
392-47 Failure to give security for payment of benefits; penalty; injunction.

§392-47 Failure to give security for payment of benefits; penalty; injunction. If an employer fails to comply with section 392-41 the employer shall be subject to a penalty of not less than $500 or of $100 for each employee for every day during which such failure continues, whichever sum is greater, to be recovered in an action brought in the discretion of the director and the amount so collected shall be paid into the trust fund for disability benefits created by section 392-61. The director may, however, in the director's discretion, for good cause shown, remit all or any part of the penalty in excess of $500; provided that the employer in default complies with section 392-41.
Furthermore, if any employer is in default under section 392-41, for a period of thirty days, the employer may be enjoined by the circuit court of the circuit in which the employer's principal place of business is located from carrying on the employer's business any place in the State so long as the default continues, such action for injunction to be prosecuted by the attorney general or any county attorney if so requested by the director. [L 1969, c 148, pt of §1; am L 1971, c 109, §1(i); gen ch 1985; am L 2013, c 100, §8; am L 2016, c 187, §7]
Rules of Court
Injunctions, see HRCP rule 65.

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 21. Labor and Industrial Relations

392. Temporary Disability Insurance

392-1 Short title.

392-2 Findings and purpose.

392-3 Definitions generally.

392-4 Place of performance.

392-5 Excluded services.

392-6 Individual in current employment.

392-7 Average weekly wage.

392-21 Establishment of temporary disability benefits.

392-21.5 Proceedings to determine employment and coverage.

392-22 Weekly benefit amount.

392-23 Duration of benefit payments.

392-24 Waiting period.

392-25 Eligibility for benefits.

392-26 Care by physician, advanced practice registered nurse, or equivalent required.

392-27 Ineligibility in certain cases.

392-28 Duplication of benefits not permitted.

392-29 No assignment of benefits; exemptions from attachment, etc.

392-41 Provision for payment of benefits.

392-42 Notice of insurance.

392-42.5 Insurer's requirements; failure to maintain a claims service office; penalty; injunction.

392-43 Authority to withhold contributions, rate of contribution, maximum weekly wage base.

392-43.5 Payments of premium for ineligible employees not permitted.

392-44 Payment of disability benefits.

392-44.5 Notice of denial.

392-45 Subrogation rights if employee entitled to workers' compensation benefits or indemnity under employers' liability acts.

392-46 Subrogation rights against third parties.

392-47 Failure to give security for payment of benefits; penalty; injunction.

392-48 The insurance contract.

392-49 Insolvency of employer not to release insurer.

392-50 Cancellation of insurance contracts.

392-51 Failure to submit timely wage and employment information.

392-52 Disposition of accrued benefits where insurer is unable to locate employee.

392-61 Establishment of trust fund for disability benefits.

392-62 Management of the fund.

392-63 Disbursements from the fund.

392-64 Investment of moneys.

392-65 Temporary disability benefits to be paid from the trust fund for disability benefits; recovery of disability benefits.

392-66 Disability while unemployed.

392-67 Assessments for the trust fund for disability benefits.

392-68 Failure to pay assessments.

392-69 Request for wage and employment information

392-71 Appeal tribunal.

392-72 Appeals, filing, and hearing.

392-73 Procedure.

392-74 Conclusiveness of determinations and decisions.

392-75 Judicial review.

392-76 Representation.

392-77 Payment of benefits.

392-78 Recovery of benefits paid; individual's liability to repay benefits; insurer's appeal rights.

392-79 Reconsideration.

392-80 Appeal pending when reconsideration issued.

392-81 Notice of reconsideration.

392-86 Disputes between employers and employees relating to withholding of wages.

392-91 Enforcement by the director.

392-92 Penalties.

392-101 Limitation of fees.