Bill Text: HI HB2052 | 2018 | Regular Session | Amended
Bill Title: Relating To Occupational Safety And Health.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Introduced - Dead) 2018-02-15 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) DeCoite, Ing, McDermott, Nakamura, Souki, Todd excused (6). [HB2052 Detail]
Download: Hawaii-2018-HB2052-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2052 |
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TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO OCCUPATIONAL SAFETY AND HEALTH.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 91-12, Hawaii Revised Statutes, is amended to read as follows:
"§91-12
Decisions and orders. [Every]
Except as provided under section 396-11.5(b), every decision and order
adverse to a party to the proceeding, rendered by an agency in a contested
case, shall be in writing or stated in the record and shall be accompanied by
separate findings of fact and conclusions of law. If any party to the proceeding has filed
proposed findings of fact, the agency shall incorporate in its decision a
ruling upon each proposed finding so presented.
The agency shall notify the parties to the proceeding by delivering or
mailing a certified copy of the decision and order and accompanying findings
and conclusions within a reasonable time to each party or to the party's attorney
of record."
SECTION 2. Section 396-11.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) In all hearings before the appeals board, each board member shall have the same powers as possessed by the circuit courts respecting the administering of oaths; issuing subpoenas; compelling the attendance of witnesses, the production of documentary evidence, and the taking of depositions; and examining or causing to be examined witnesses. The circuit court of any circuit, upon application by the appeals board or a party, shall have power to enforce, by proper proceedings, the attendance and testimony of any witness subpoenaed. Subpoena and witness fees and mileage in these cases shall be the same as in criminal cases in the circuit courts and paid by the party calling the witness.
No person shall be excused from attending, testifying, or producing material, books, paper, correspondence, memoranda, and other records before the appeals board or in compliance with a subpoena on the grounds that the testimony or evidence, documentary or otherwise, required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture; provided that no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the person is compelled, after having claimed the privilege against self-incrimination, to testify or produce evidence, documentary, or otherwise, except that such persons testifying shall not be exempt from prosecution and punishment for perjury committed in testifying.
Notwithstanding section 91-12,
within a reasonable time after the appeals board issues each written order or
decision, the appeals board shall provide to each party or the attorney for
each party a copy of the written order or decision. The written order or decision shall be hand
delivered, provided by the United States Postal Service with delivery
confirmation, or transmitted via electronic service through a company
designated by the appeals board.
Pursuant to chapter 91, the appeals board may adopt rules of the Hawaii rules of civil procedure and other rules in conducting any hearing."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on January 1, 2050.
Report Title:
Hawaii Labor Relations Board; Occupational Safety and Health; Delivery of Decisions and Orders
Description:
Requires the Hawaii Labor Relations Board to deliver its decisions and orders by hand, USPS mail with delivery confirmation, or electronically. (HB2052 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
