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

Notes Haw. Code R. §§ 12-5-194 to 12-5-196

After a joint experience rating account has been established, one or more of the employing units upon written request may withdraw from such joint account and shall thereupon receive a contribution rate computed on its separate experience. There shall be transferred to any such e…

Notes Haw. Code R. §§ 12-5-198 to 12-5-200

(a) Services are deemed to be in employment if sections 383-2 and 383-10, Hawaii Revised Statutes, are satisfied, unless and until it is shown to the satisfaction of the department that all of the three-fold conditions or AABC@ test under section 383-6, Hawaii Revised Statutes, a…

When it is determined to the satisfaction of the department that there is a substantial change in ownership or control of any employing unit which is included in a joint experience rating account, such employing unit shall be given a separate account from the date of such change …

Notes Haw. Code R. §§ 12-5-202 to 12-5-204

A joint experience rating account shall be dissolved upon withdrawal or change in ownership or control of one or more of the component employing units. The remaining employing units may make written application for a new joint account, for which the rate shall be computed on the …

Notes Haw. Code R. §§ 12-5-206 to 12-5-210

(a) Contributions shall be payable for each calendar quarter with respect to wages paid during such calendar quarter for employment. (b) Contributions shall become due and shall be paid on or before the last day of the month following the close of the calendar quarter in which wa…

No disclosure of information obtained at any time from workers, employers, or other persons or groups in the course of administering the state employment security program under chapter 383, Hawaii Revised Statutes, shall be made directly or indirectly, except as authorized by sec…

Notes Haw. Code R. §§ 12-5-212 to 12-5-214

Disclosure of any information obtained at any time from workers, employers, or other persons or groups in the course of administering the state employment security program under chapter 383, Hawaii Revised Statutes, is authorized in the following cases for the following purposes:…

Notes Haw. Code R. §§ 12-5-216 to 12-5-218

Disclosure of information pertaining to claimants and employers in connection with unemployment insurance to a federal, state, territorial, or municipal agency shall be considered to be in the public interest only if such disclosure is in connection with its public duties, and th…

(a) As used in section 383-66, Hawaii Revised Statutes, the phrase "new or newly covered employer" includes employers who do not qualify for a rate other than the maximum rate because their accounts have not been chargeable with benefits throughout the twelve calendar month perio…

(a) The department shall disclose quarterly wage detail information to authorized requesting agencies which have entered into an agreement in accordance with subsection (b) for purposes deemed by the department to be useful in verifying eligibility for and the amount of benefits …

Notes Haw. Code R. §§ 12-5-221 to 12-5-224

Claim records, including initial claims, initial determinations of benefits, low earnings reports, wage and separation reports, claims examiners' decisions, continued claims and pay orders, disallowed continued claims, correspondence, and other related documents may be destroyed …

Notes Haw. Code R. §§ 12-5-226 to 12-5-228

Wage and separation reports of employers may be destroyed three years after the quarter to which they relate. Notes Haw. Code R. § 12-5-229 [Eff 6/26/81] (Auth: HRS §§ 383-92, 383-102) (Imp: HRS § 383-102)

(a) Employment and wages which have been used for a determination of benefits which establishes a benefit year shall not thereafter be used as the basis for another monetary determination of benefits, except where amendments to chapter 383, Hawaii Revised Statutes, affect the met…

Quarterly wage detail reports of employers filed with the department may be destroyed after five years have elapsed from the end of the calendar year to which they relate. Notes Haw. Code R. § 12-5-230 [Eff 8/5/88] (Auth: HRS §§ 383-92, 383-70) (Imp: HRS §§ 383-70, 383-102)…

Notes Haw. Code R. §§ 12-5-231 to 12-5-232

Report of new hires may be destroyed after two years have elapsed from the date of hire. This section shall be applicable only for reports of new hires filed prior to October 1, 1998. Notes Haw. Code R. § 12-5-233 [Eff. 6/26/81; am 10/12/00] (Auth: HRS §§ 383-92, 383-102) (Imp: H…

Notes Haw. Code R. §§ 12-5-234 to 12-5-236

All other employer records and correspondence may be destroyed after five years have elapsed from the end of the calendar year to which they relate. Notes Haw. Code R. § 12-5-237 [Eff. 6/26/81] (Auth: HRS §§ 383-92, 383-102) (Imp: HRS § 383-102)

Notes Haw. Code R. §§ 12-5-238 to 12-5-240

Notes Haw. Code R. § 12-5-24

Benefit payment ledgers and employers' chargeback statements may be destroyed after five years have elapsed from the end of the calendar year to which they relate. Notes Haw. Code R. § 12-5-241 [Eff. 6/26/81] (Auth: HRS §§ 383-92, 383-102) (Imp: HRS § 383-102)

Notes Haw. Code R. §§ 12-5-242 to 12-5-244

Inactive employer contribution ledgers may be destroyed after five years have elapsed from the end of the calendar year to which they relate, provided that a summary of each account has been made showing: (1) Name, address, and account number; and (2) Commencement and termination…

Notes Haw. Code R. §§ 12-5-246 to 12-5-248

Carbon copies and other forms of duplicate copies, incidental records, reports and correspondence, and other papers of minor or incidental importance may be destroyed upon approval of the department. Notes Haw. Code R. § 12-5-249 [Eff. 6/26/81] (Auth: HRS §§ 383-92, 383-102) (Imp…

Any report filed by the employer after a department assessment becomes final shall not be used for purposes of reassessing an employer's quarterly tax contributions if it would result in a lower tax contribution; except when it is determined that an employer has no liability for …

Notes Haw. Code R. §§ 12-5-250 to 12-5-252

No records mentioned in sections 12-5-225 to 12-5-249 shall be destroyed until all matters pertaining thereto have been fully and finally completed. Notes Haw. Code R. § 12-5-253 [Eff. 6/26/81] (Auth: HRS §§ 383-92, 383-102) (Imp: HRS § 383-102)

(a) As used in section 383-66(4), Hawaii Revised Statutes, excusable failure connected with the filing of any report is a result due to circumstances beyond the employer's control. (b) In determining whether an employer's act constituted excusable failure, the department may cons…

Notes Haw. Code R. §§ 12-5-27 to 12-5-30

(a) Services shall be deemed to be excluded under section 383-7, Hawaii Revised Statutes, where it is shown to the satisfaction of the department that the conditions for the exclusions have been met. Employers shall provide relevant records, reports, or documents to the departmen…

(a) An individual shall be deemed to have registered for work, as required by section 383-29(a)(2), Hawaii Revised Statutes, if the individual has an active registration for work with an employment office in the local community in which the individual is seeking work or, if prior…

Notes Haw. Code R. § 12-5-32

(a) No otherwise eligible individual may receive benefits in a succeeding benefit year unless the individual performed services in "covered employment" as defined in section 12-5-1 for remuneration after the beginning of the prior benefit year. Remuneration received after the beg…

Notes Haw. Code R. § 12-5-34

(a) An individual shall be deemed able and available for work within the meaning of section 383-29(a)(3), Hawaii Revised Statutes, if the individual is able and available for suitable work during the customary work week of the individual's customary occupation which falls within …

Notes Haw. Code R. §§ 12-5-36 to 12-5-38

(a) As used in section 383-29(b), Hawaii Revised Statutes, and this section: (1) Individuals employed in an "instructional" capacity include persons engaged in teaching students in formal classrooms, and individuals who teach in less formal arrangements, such as tutorial relation…

Notes Haw. Code R. § 12-5-4