HAR 12-5 — HAWAII EMPLOYMENT SECURITY LAW (Subchapter 1 to 9)

Notes Haw. Code R. §§ 12-5-40 to 12-5-42

(a) For the purposes of section 383-29(e), Hawaii Revised Statutes, and this section, a "vocational training or retraining course" means a technical training course, including field work or apprenticeship-type situations, which is designed to prepare individuals for gainful emplo…

Notes Haw. Code R. §§ 12-5-44 to 12-5-46

(a) An individual shall be disqualified for benefits for voluntarily leaving work without good cause. (b) A separation is a voluntary leaving or quitting when the facts and circumstances demonstrate that a claimant is the "moving party" in the termination of an employment relatio…

Notes Haw. Code R. §§ 12-5-48 to 12-5-50

(a) Board, lodging, or any other payment in kind received by a worker from the worker's employer in addition to or in lieu of (rather than as a deduction from) money wages shall be deemed to be remuneration paid by the employer. (b) The reasonable cash value of such payments in k…

(a) A discharge occurs when an employer is the "moving party" in the termination of the employment relationship. (b) A suspension occurs when the employer takes action to refuse work and remuneration to an employee without terminating the employment relationship. (c) Misconduct c…

Notes Haw. Code R. §§ 12-5-52 to 12-5-54

(a) A claimant shall be disqualified under section 383-30(3), Hawaii Revised Statutes, if: (1) The claimant was offered employment or was directed to apply for employment by a public employment office; (2) The prospective employment was suitable; (3) The offer was refused or the …

Notes Haw. Code R. §§ 12-5-56 to 12-5-58

Notes Haw. Code R. § 12-5-59 R 9/23/89

Notes Haw. Code R. §§ 12-5-6 to 12-5-8

Notes Haw. Code R. §§ 12-5-60 to 12-5-62

As used in section 383-30(4), Hawaii Revised Statutes, "labor dispute" means any controversy concerning terms, tenure, or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange term…

Notes Haw. Code R. §§ 12-5-64 to 12-5-66

The administrative penalty under section 383-30(5), Hawaii Revised Statutes, shall be applied only if the department finds the following four elements: (1) There is a false statement, or misrepresentation or nondisclosure of a fact; (2) The fact falsely stated, misrepresented, or…

As used in section 383-23.5, Hawaii Revised Statutes: (1) "Is receiving a pension" means a pension actually received or a pension applied for and determined by the authorities responsible for administering the pension program to be payable in specified amounts for the same period…

Notes Haw. Code R. §§ 12-5-69 to 12-5-72

Unless the context otherwise requires, the following terms used in sections 12-5-77 to 12-5-93 shall have the following meaning: "Additional claim" means a notice of new unemployment filed in accordance with section 12-5-81 at the beginning of a second or subsequent period of eli…

Notes Haw. Code R. §§ 12-5-74 to 12-5-76

Every employer shall post and maintain, in accessible and conspicuous places in all establishments or places of business where workers perform their service, such information cards or posters as are provided for that purpose by the department. Notes Haw. Code R. § 12-5-77 [Eff. 6…

Notes Haw. Code R. §§ 12-5-78 to 12-5-80

(a) A new claim may be filed by any individual who has become totally, part-totally, or partially unemployed. The new claim shall be filed in person, by mail, by telephone, or by using other alternative claims filing procedures as instructed or authorized by the department and in…

Notes Haw. Code R. §§ 12-5-82 to 12-5-84

Any person who has received any amount as benefits to which that person was not entitled shall be liable for such amount unless the overpayment was received without fault on the part of the recipient and its recovery would be against equity and good conscience. (1) "Fault" shall …

Notes Haw. Code R. §§ 12-5-86 to 12-5-88

(a) An unemployed individual may file an application for a determination of insured status in accordance with this chapter. A claimant may withdraw an application for a determination of insured status at any time prior to the time at which a valid claim is established by the depa…

Notes Haw. Code R. § 12-5-9 R 9/23/89

Notes Haw. Code R. §§ 12-5-90 to 12-5-92

(a) The term "party" or "parties" as used herein shall include the department, claimant, and such employing units as are entitled to notice of determination upon a claim. (b) Any appeal to the referee from a claim determination or redetermination shall be filed in writing at the …

Notes Haw. Code R. §§ 12-5-94 to 12-5-98

Unless the context otherwise requires, the following terms used in sections 12-5-103 to 12-5-123 shall have the following meanings: "Base period" means the base period applicable under the unemployment insurance law of the paying state; "Benefit year" means the benefit year appli…