Bill Text: HI HB2576 | 2012 | Regular Session | Introduced
Bill Title: Employment Security
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-04-11 - (S) Act 013, 4/10/2012 (Gov. Msg. No. 1113). [HB2576 Detail]
Download: Hawaii-2012-HB2576-Introduced.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2576 |
TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EMPLOYMENT SECURITY LAW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 383-69, Hawaii Revised Statutes, is amended to read as follows:
"§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 such period and notify each employer of the employer's rate of
contributions for such 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
thereof to the employer's last known address[, or in the absence of mailing
within fifteen days after the delivery of the notice to the employer, the
employer files an application for review and redetermination, setting forth the
employer's reasons therefor. If the department grants the review, the employer
shall be promptly notified thereof and shall be granted an opportunity for a
fair hearing,]. 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 in the event that 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 employer shall be
promptly notified of the department's denial of the employer's application, or
of the department's redetermination, both of which 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. The proceedings shall be heard in a summary manner and
shall be given precedence over all other civil actions, except for proceedings
arising under section 383-41 and the workers' compensation law of the State.
An appeal may be taken from the decision of the circuit court to the
intermediate appellate court, subject to chapter 602.]"
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
INTRODUCED BY: |
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BY REQUEST |
Report Title:
Employment Security
Description:
Amends the procedure for rate determination to clarify that the department's determination must be appealed to the referee and not directly to circuit court.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.