Bill Text: HI HB2582 | 2012 | Regular Session | Amended
Bill Title: Labor and Industrial Relations Appeals Board
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-17 - (H) Report adopted. referred to the committee(s) on FIN as amended in HD 2 with none voting aye with reservations; none voting no (0) and Herkes, M. Lee excused (2). [HB2582 Detail]
Download: Hawaii-2012-HB2582-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2582 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO APPEALS TO THE APPELLATE BOARD.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 371, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§371- Labor and industrial relations appeals board special fund. (a) There is established in the state treasury a fund to be known as the labor and industrial relations appeals board special fund, into which shall be deposited:
(1) All moneys collected by the labor and industrial relations appeals board pursuant to section 386-87; and
(2) All interest earned upon any moneys in the fund.
(b) The fund shall be administered by the labor and industrial relations appeals board.
(c) Moneys in the fund shall be used for operating costs, as defined in section 37-62, incurred in the administration of chapters 371 and 386, including but not limited to language interpreting services and electronic document management.
(d) The labor and industrial relations appeals board shall submit a report to the legislature detailing all moneys deposited into and all moneys disbursed out of the fund prior to the convening of each regular session."
SECTION 2. Section 386-87, Hawaii Revised Statutes, is amended to read as follows:
"§386-87 Appeals to appellate board. (a) A decision of the director shall be final and conclusive between the parties, except as provided in section 386-89, unless within twenty days after a copy has been sent to each party, either party appeals therefrom to the appellate board by filing a written notice of appeal with the appellate board or the department. In all cases of appeal filed with the department the appellate board shall be notified of the pendency thereof by the director. No compromise shall be effected in the appeal except in compliance with section 386-78.
(b) The appellate board shall hold a full hearing de novo on the appeal.
(c) The appellate board shall have power to review the findings of fact, conclusions of law and exercise of discretion by the director in hearing, determining or otherwise handling of any compensation case and may affirm, reverse or modify any compensation case upon review, or remand the case to the director for further proceedings and action.
(d) In the absence of an appeal and within thirty days after mailing of a certified copy of the appellate board's decision or order, the appellate board may, upon the application of the director or any other party, or upon its own motion, reopen the matter and thereupon may take further evidence or may modify its findings, conclusions or decisions. The time to initiate judicial review shall run from the date of mailing of the further decision if the matter has been reopened. If the application for reopening is denied, the time to initiate judicial review shall run from the date of mailing of the denial decision.
(e) The appellate board may establish a fee of $30 for the filing of a written notice of appeal with the director or to the appellate board pursuant to this section; provided that the amount of the fee may be adjusted accordingly by the director by rules adopted pursuant to chapter 91.
The fee prescribed under this subsection shall be paid in advance by the appealing party to the chief clerk of the appellate board. Any fee collected shall be deposited with the director of finance to the credit of the labor and industrial relations appeals board special fund established under section 371- .
The appellate board may waive the payment of the fee for good cause shown; provided that an appealing party shall be deemed to have established good cause if that party appears pro se, is an indigent person, is an individual who is unemployed as a result of a workers' compensation injury, or is otherwise deemed to have established good cause by the appellate board."
SECTION 3. There is appropriated out of the labor and industrial relations appeals board special fund a sum not to exceed $10,000 or so much thereof as may be necessary for fiscal year 2012–2013 for operating costs incurred in the administration of chapters 371 and 386, Hawaii Revised Statutes.
The sum appropriated shall be expended by the department of labor and industrial relations for the purposes of this Act.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval; provided that section 3 shall take effect on July 1, 2012.
Report Title:
Labor and Industrial Relations Appeals Board
Description:
Authorizes the Labor and Industrial Relations Appeals Board to establish reasonable fees not to exceed $30 for the filing of written appeals and to establish a Labor and Industrial Relations Appeals Board Special Fund. Allows fees to be adjusted by the Director of Labor and Industrial Relations through rules. Provides for fees to be waived in certain cases. Requires the State and counties to pay filing fees. (HB2582 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
