Bill Text: HI SB978 | 2018 | Regular Session | Introduced
Bill Title: Relating To Temporary Disability Insurance.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-17 - Re-Referred to JDC, WAM. [SB978 Detail]
Download: Hawaii-2018-SB978-Introduced.html
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THE SENATE |
S.B. NO. |
978 |
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TWENTY-NINTH LEGISLATURE, 2017 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO TEMPORARY DISABILITY INSURANCE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 392-72, Hawaii Revised Statutes, is amended to read as follows:
"§392-72 Appeals, filing, and
hearing. (a) If a person disputes the amount of benefits, paid under part
III or part IV, or the denial of benefits, the claimant may file an appeal, in
the form and manner prescribed by [regulation] rule of the
director, at the office of the department [in the county in which the
claimant resides or in the county in which the claimant was employed prior to
the claimant's disability], within twenty days after the date of payment of
such disputed benefits or the denial thereof. Notice of the appeal shall be
served upon the employer or insurer or the trust fund for disability benefits
in the form and manner prescribed by [regulation] rule of the
director. Notice of a hearing of an appeal shall be sent by electronic service
or by first class mail to the claimant and employer or insurer or trust fund
for disability benefits at least fifteen calendar days prior to the hearing. If
electronic service or first class mail is attempted but not made, and the
department has been unable to ascertain the address of the party after
reasonable and diligent inquiry, the notice of hearing may be given to the
party by online posting on the department's webpage. The online posting shall
appear at least fifteen calendar days prior to the date of the hearing. The online
posting shall be removed from the webpage no less than five business days after
the date of the hearing.
(b) The appeal [shall] may be
heard in [the] any county [in which the appeal is filed;
provided that the director may by regulation provide for good cause for the
holding of a hearing in another county], and parties may appear
at the hearing in person, by telephone, or by other communication devices
approved by the department, or by a combination of the preceding. The parties
shall be provided with notice of the hearing and shall be provided with the
opportunity to object to the hearing being held in a county other than the
county in which the claimant resides or in which the claimant was employed
prior to the claimant's disability. If a party objects, the hearing shall be
heard in the county in which the claimant resides or in which the claimant was
employed prior to the claimant's disability. Failure to object to the hearing
within the time specified in the notice shall be deemed consent by the parties
to the hearing. The department may provide for the taking of depositions.
Unless the appeal is withdrawn with the permission of the referee, the referee
after affording the parties reasonable opportunity for a fair hearing shall
make findings and conclusions and on the basis thereof affirm, modify, or deny
the disputed benefits. In the event a party fails to appear at the hearing,
the referee shall issue a decision based on the available information. All
parties shall be promptly notified of the decision of the referee and shall be
furnished with a copy of the decision and the findings and conclusions in
support thereof and the decision shall be final and shall be binding unless a
proceeding for judicial review is initiated pursuant to section 392-75;
provided that within the time provided for taking an appeal and prior to the
filing of a notice of appeal, the referee may reopen the matter, upon
application of the director or any party, or upon the referee's own motion, and
thereupon may take further evidence or may modify the referee's decision,
findings, or conclusions. In the event the matter is reopened, the referee
shall render a further decision in the matter, either reaffirming or modifying
the referee's original decision, and notice shall be given thereof in the
manner hereinbefore provided. The time to initiate judicial review shall run
from the notice of such further decision if the matter has been reopened."
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.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST
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Report Title:
Temporary Disability Insurance; Hearing Location; Electronic Service; Electronic Notice
Description:
Allows appeals to be filed at the various offices of the department throughout the State. Allows a Temporary Disability Insurance appeal to be heard in a county chosen by the department, or the county in which the claimant resides, or in which the claimant was employed prior to the claimant's disability. Allows the department to send notices of hearing electronically or by first class mail. Clarifies that when the notice of hearing cannot be delivered to a party in the appeal, the notice may be given by online posting on the department's webpage. Allows the parties to a hearing to appear in person, via telephone, or by other communication devices.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
