Bill Text: HI SB877 | 2013 | Regular Session | Amended
Bill Title: Occupational Safety and Health; Hawaii Labor Relations Board
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-06-18 - Act 096, 6/14/2013 (Gov. Msg. No. 1196). [SB877 Detail]
Download: Hawaii-2013-SB877-Amended.html
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THE SENATE |
S.B. NO. |
877 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO OCCUPATIONAL SAFETY AND HEALTH HEARINGS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 396, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§396- Appeals board. (a) In any hearing conducted by the appeals board under this chapter and pursuant to chapter 91, notwithstanding section 91-9.5, all parties shall be given written notice of hearing by first class mail at least fifteen days before the hearing.
(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, or 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.
Pursuant to chapter 91, the appeals board may adopt rules of the Hawaii rules of civil procedure and other rules in conducting any hearing.
(c) Contemptuous conduct at any hearing shall be grounds for summary exclusion from the hearing. Such misconduct, if of an aggravating character and engaged in by an attorney or other representative of a party, shall be grounds for suspension or disbarment from further practice before the appeals board after due notice and hearing. The appeals board may impose other sanctions for contemptuous conduct, including dismissal of the appeal. Any action taken by the appeals board shall be by a simple majority."
SECTION 2. Section 396-3, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Aggravating character" means circumstances and behavior that increase the seriousness or outrageousness of the contemptuous conduct."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Occupational Safety and Health; Hawaii Labor Relations Board
Description:
Authorizes the Hawaii labor relations board to provide written notice of hearing to all parties by first class mail at least fifteen days before the hearing and clarifies the board's powers for conducting appeals under chapter 396, Hawaii Revised Statutes. (SB877 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
