Hawaii Administrative Code

(a) At any time after the filing of a complaint, but prior to the hearing, the hearing officer may hold a prehearing conference with the parties or their representatives. Any matter not raised at the prehearing conference shall not be allowed during the hearing. Matters to be dis…

(a) All hearings required by this chapter shall be held in accordance with chapter 91, Hawaii Revised Statutes, and the rules of this department. (b) The complainant shall be present at the hearing, with or without counsel. The complainant shall be allowed to call, examine, and c…

(a) The hearing officer shall have full power and authority to: (1) Control the procedures of the hearing; (2) Admit or exclude testimony or other evidence; (3) Rule upon all motions and objections; (4) Call and examine witnesses; (5) Direct the production of papers or other matt…

(a) Any party may within twenty days after receipt of a copy of the hearing officer's decision file with the director exceptions to the decision or any part thereof and request a review by the director. The party shall specify for each exception the portions of the record and the…

Any person aggrieved by the final decision of the director shall be entitled to judicial review as provided by section 91-14, Hawaii Revised Statutes. Notes Haw. Code R. § 12-24-16 [Eff. SEP. 11, 1981] (Auth: HRS § 378-38) (Imp: HRS § 378-36)

(a) This chapter sets forth the procedures for the administration and enforcement of the statute. (b) These rules shall be liberally construed to accomplish the purposes of the statute. Notes Haw. Code R. § 12-24-2 [Eff. SEP. 11, 1981] (Auth: HRS § 378-38) (Imp: HRS § 378-38)…

The time in which any act provided by this chapter is to be done is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or holiday and then it is also excluded. As used in this chapter, "holiday" includes any day designated as su…

(a) Any employee claiming to be aggrieved by an alleged unlawful suspension, discharge, or discrimination may file a complaint. (b) Assistance in drafting and filing complaints shall be available to complainants at the department's wage standards division located at 830 Punchbowl…

Each complaint shall contain the following: (1) The full name, address, social security number, and telephone number (if any) of the complainant; (2) The full name, address, and telephone number of the respondent; (3) A plain and concise statement of the facts constituting the al…

The complaint shall be filed within thirty days after the alleged act of unlawful suspension, discharge, or discrimination. When an alleged act of unlawful discharge under the statute occurs while the aggrieved employee is still physically or mentally incapacitated and unable to …

Within ten days after a complaint is filed with the department, the department shall serve a copy of the complaint on the respondent by certified mail, return receipt requested, or by personal delivery. Notes Haw. Code R. § 12-24-7 [Eff. SEP. 11, 1981] (Auth: HRS § 378-38) (Imp: …

(a) A complaint, or any part thereof, may be amended by the complainant at any time prior to the issuance of a notice of hearing and thereafter at the discretion of the hearing officer. (b) The amended complaint shall be deemed to have been filed on the original filing date. (c) …

(a) A complaint, or any part thereof, may be withdrawn only on written consent of the hearing officer. (b) When requesting withdrawal of a complaint, the complainant shall: (1) Submit the request in writing; (2) Sign the request; and (3) Have the request verified. (c) The departm…

As used herein: "Apprentice" shall be as defined, in section 372-2, HRS "Apprenticeship agreement" shall be as defined in section 372-2, HRS. "Apprenticeship committee" means those persons designated by the sponsor to act for it in the administration of the program. A "joint" com…

(a) All hearings required by this chapter shall be held in accordance with chapter 91, HRS. (b) The director or an authorized representative shall have the responsibility of giving notice of hearings and conducting and regulating the course of the hearings. Every party shall have…

Any apprenticeship program deregistered pursuant to chapter 372, HRS, and this chapter, may be reinstated upon presentation of adequate evidence that the apprenticeship program will be operated in accordance with chapter 372, HRS, and this chapter. Notes Haw. Code R. § 12-30-11 […

(a) Any complaint concerning discrimination or other equal opportunity matters shall be submitted, processed, and resolved in accordance with state or federal equal employment opportunity laws. (b) Any controversy or difference arising under an apprenticeship agreement which cann…

(a) Section 372-5, HRS, authorizes and directs the director to formulate and promote the furtherance of labor standards necessary to safeguard the welfare of apprentices and to extend the application of such standards by requiring the inclusion thereof in apprenticeship programs.…

(a) No apprenticeship program or agreement shall be eligible for registration unless it conforms with section 12-30-6; Administrative Rules, section 12-31-3; and chapter 372, HRS. (b) Apprenticeship programs and standards of employers and unions, except for building and construct…

(a) Under a program sponsored for registration by an employer or employers' association, where the standards, collective bargaining agreement, or other instrument provide for participation by a union in any matter in the operation of the substantive matters of the apprenticeship …

An apprenticeable occupation is a skilled trade which possesses all of the following characteristics: (1) It is customarily learned in a practical way through a structured systematic program of on-the-job supervised training; (2) It is clearly identified and commonly recognized t…

An apprenticeship program shall be eligible For registration by the department if it conforms to the following standards: (1) The program is an organized, written plan embodying the terms and conditions of employment, training, and supervision of one or more apprentices in the ap…

(a) Apprentices shall be individually registered under a registered program. Registration shall be effected by filing copies of each apprenticeship agreement with the department. (b) The apprenticeship agree ment shall contain explicitly or by reference: (1) Name and signature of…

The department may cancel or temporarily suspend an apprenticeship agreement upon concurrence of the parties thereto, or at the request of the apprentice, or upon recommendation by the sponsor, or, on the director's own motion. (1) On request of the apprentice or upon agreement o…

(a) Deregistration of a program may be by the voluntary action of the sponsor or, upon good cause, by the department through deregistration proceedings in accordance with the provisions of this chapter. (b) The director may cancel the registration of an apprenticeship program by …

As used in this chapter: "Department" means the department of labor and industrial relations. "Director" means the director of the department of labor and industrial relations. "Employer" means any person or organization employing an apprentice whether or not such person or organ…

(a) A sponsor may select apprentices by means of any other method, including its present selection method, provided that the sponsor meets the following requirements: (1) The sponsor shall complete development of the revised selection method it proposes to use along with the rest…

(a) The sponsor shall establish a reasontbl@e pe@riod of not less than two weeks for accepting applications for admission-to ·an apprenticeship program. There shall be at least thirty days of public notice in advance of the earliest date for application for admission to the appre…

(a) Any complaint concerning discrimination or other equal opportunity matters shall be submitted, processed, and resolved in accordance with state or federal equal employment opportunity laws. (b) Sponsors shall provide written notice of the above complaint procedure to all appl…

(a) The records pertaining to individual applicants, selected or rejected, shall be maintained in such manner as to permit identification of minority and female participants. Each sponsor shall keep adequate records for a period of five years, including: (1) A summary of the qual…

(a) The department shall regularly conduct a systematic review of apprenticeship programs in order to determine the extent to which sponsors are complying with this chapter and shall also conduct compliance reviews, when circumstances so warrant, and take appropriate action regar…

A pattern or practice at noncompliance by a sponsor (or where the sponsor is a joint apprenticeship committee, by one of the parties represented on such committee) with federal or state laws or rules requiring equal opportunity may be grounds for the imposition of sanctions in ac…

If in the judgement of the department a particular situation requires special processing and determination, the department shall take the steps necessary to permit such determination if it finds that no person or party affected by the determination will be prejudiced by the speci…

(a) Where, as a result of a compliance review or other reason, the department determines that: (1) There is reasonable cause to believe that an apprenticeship program is not operating in accordance with this chapter; and (2) Voluntary corrective action has not been taken by the p…

Any apprenticeship program deregistered pursuant to this chapter may be reinstated upon presentation of adequate evidence to the director that the apprenticeship program is operating in accordance with this chapter. Notes Haw. Code R. § 12-31-18 [Eff. 7/30/81] (Auth: HRS § 372-5)…

Any intimidation, threat, coercion, or retaliation by, or with the approval of, any sponsor against any person for the purpose of interfering with any right or privilege of that person secured by chapter 378, Hawaii Revised Statutes; or Title VII of the Civil Rights Act of 1964, …

(a) This chapter sets forth the state plan for equal employment opportunity in apprenticeship programs which are registered with, the department in accordance with chapter 372, Hawaii Revised Statutes, and chapter 30, title 12 Administrative Rules. (b) The purpose of this state p…

The commitments contained in the sponsors affirmative action program are not intended and shall not be used to discriminate against any qualified applicant or apprentice on the basis of race, color, religion, national origin, sex, age, physical handicap, marital status, or arrest…

Requests for exemption from this chapter, or any part thereof, shall be made in writing to the director and shall contain a statement of reasons supporting the request. Exemptions may be granted for good cause. The department shall notify the USDOL of any such exemptions granted …

(a) Each sponsor shall:(1) Prohibit discriminatory practices, in accordance with section 378-2, Hawaii Revised Statutes, in the recruitment, selection, employment, and training of apprentices; (2) Uniformly apply apprenticeship standards, including, but not limited to, equality o…

(a) A sponsor's commitment to equal opportunity in the recruitment, selection, employment, and training of apprentices shall include the adoption of a written affirmative action plan. (b) Affirmative action is not mere passive nondiscrimination. It includes procedures, methods, a…

(a) The following shall apply in the establishment of goals and timetables: (1) A sponsor adopting a selection method under section 12-31-7 or 12-31-8, which determines on the basis of the analysis described in subsection (b) that it has deficiencies in terms of underutilization …

In addition to the development of a written affirmative action plan to ensure that minorities and women have an equal opportunity in apprenticeship, each sponsor shall further provide in its affirmative action program that the selection of apprentices shall be made under one of t…

(a) A sponsor may select apprentices from a pool of eligible applicants created in accordance with the requirements of subsection (e) on the basis of the rank order of scores of applicants on one or more qualification standards where there is a significant statistical relationshi…

(a) A sponsor may select· apprentices from a pool of eligible applicants on a random basis. The method of random selection is subject to approval by the department. Supervision of the random selection process shall be by one or more impartial persons selected by the sponsor, but …

(a) A sponsor may select apprentices from an eligibility pool of the workers already employed by the program sponsor in a manner prescribed by a collective bargaining agreement where one exists, or by the sponsor's estaplished promotion policy. The sponsor adopting this method of…

Notes Haw. Code R. §§ 12-45.1-1 to 12-45.1-117 JAN 01 2010

This chapter implements section 396-19, Hawaii Revised Statutes, and promulgates rules for the certification of hoisting machine operators. The provisions of this chapter shall apply to any person or persons who act as a hoisting machine operator. Notes Haw. Code R. § 12-48-1 [Ef…

(a) Any denial, revocation, or suspension shall be final and conclusive against the applicant or holder unless a written notice of contest is filed with the director. The written notice of contest shall be an original, served on the director and must be postmarked, or if not mail…

(a) The applicant shall submit the completed application form to the director with a $50 application fee. (b) After the applicant is notified of approval, the applicant shall remit a $500 certification fee within thirty calendar days to the director. For certification periods of …