Hawaii Administrative Code

(a) Where the department, either as a result of its own investigation or as a result of a report by a contracting agency, finds that a violation of chapter 104, HRS, has been committed, the department shall issue a notification of violation to the contractor. Each notice of viola…

(a) A penalty of $10,000 per project shall be assessed against a contractor for interference or delay including failure to provide requested records under section 104-3, HRS, or failure to allow employees to be interviewed during working hours on the job. (b) An additional penalt…

(a) Where the department finds that a first, second, or third violation has been committed, penalties shall be as described in sections 104-22, 104-24, and 104-25, HRS. (b) Additional violations committed after the third violation shall be penalized in the same way as the third v…

(a) All schedules of wage rates for laborers and mechanics and any changes thereto shall be based on: (1) Surveys or methods which the director may deem necessary to obtain data for wage determinations; (2) Wage determinations made by the Secretary of Labor, USDOL, under the Davi…

In determining the hourly equivalent of a monthly rate of contribution for a fringe benefit, the monthly rate of contribution shall be divided by one hundred seventy-three hours and the quotient shall be the hourly rate. Notes Haw. Code R. § 12-22-4 [Eff 7/27/81; comp 4/1/96] (Au…

As used in this subchapter: "Hearing" shall have the same meaning as the term agency hearing as defined in section 91-1, HRS. "Party" or "parties" shall have the same meaning as in section 91-1, HRS and shall include any other person such as the contractor or contractor's represe…

(a) Upon docketing an appeal, but prior to a hearing, the hearings officer may hold a prehearing conference with the parties. (b) Any matter not raised at the prehearing conference shall not be allowed during the hearing. Matters to be discussed at the prehearing conference may i…

(a) When a prehearing conference is held, the hearings officer may enter a prehearing order which recites the action taken at the prehearing conference, including; (1) The agreements made by the parties as to any of the matters considered; (2) The issues for hearing not otherwise…

(a) Any hearing under this subchapter shall be held in accordance with chapter 91, HRS. (b) The hearing on appeal shall be held within sixty days of the notice of appeal. (c) All parties shall be given written notice of hearing at least fifteen days before the hearing. (d) The pa…

(a) The hearings 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 mat…

(a) The admissibility of evidence at hearing shall not be governed by the laws of evidence, and all relevant oral or documentary evidence shall be admitted if it is the kind of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. Irrelev…

The hearings officer may take official notice of those matters that may be judicially noticed by the courts of the State. The hearings officer may also take official notice of generally recognized technical or scientific facts within the agency's specialized knowledge, upon notic…

(a) The hearings officer shall render a written decision on a notification of violation within sixty days after the conclusion of the hearing, which shall include findings of fact and conclusions of law. (b) A certified copy of the decision shall be served by personal delivery or…

Any party aggrieved by the decision of the hearings officer shall be entitled to judicial review as provided by section 9114, HRS. Notes Haw. Code R. § 12-22-48 [Eff and comp 7/23/2018] (Auth: HRS § 104-29) (Imp: HRS § 104-26)

A contractor shall pay the prevailing wages contained in a wage rate schedule applicable to laborers or mechanics in any of the following ways: (1) By paying not less than the basic hourly rate to the laborers or mechanics and by making the contributions for the fringe benefits a…

Any apprentice wage rates established by the director shall apply only to: (1) Contractors who are a party to a bona fide apprenticeship program which has been registered with the department; (2) Apprentices who are parties to apprenticeship agreements which have been registered …

As used in this chapter: "Assignable square feet" means the total area of the project available for lease as determined by the master lessor. "Leasing agency" means the state or county agency who is the lessee of a leased space. "Project" means all the buildings, other improvemen…

Where construction work to property to be leased by the state or any county agency is to be undertaken, the laborers and mechanics working on that construction project shall be paid prevailing wages required under section 104-2, HRS, provided that more than fifty per cent of the …

Upon execution, renewal, termination, or any change to a lease, the leasing agency shall submit the lease to the department and the department of accounting and general services within thirty days of the execution, renewal, termination or change in the lease. Notes Haw. Code R. §…

Every lease entered into by the state or any county agency shall state the total assignable square footage of the project and the amount leased by the state or any county agency leasing space in or on the project. Notes Haw. Code R. § 12-22-63 [Eff and comp 7/23/2018] (Auth: HRS …

All questions or challenges of the stated measurement of the square footage of the project of the lease shall be filed, heard, and decided by the hearings officer appointed by the director in conformance with chapter 91, HRS. Notes Haw. Code R. § 12-22-64 [Eff and comp 7/23/2018]…

A lessor contracting any construction work to the leased property that is subject to section 104-2.5, HRS, shall provide written notice to the contractor that prevailing wages shall be paid to all laborers and mechanics employed on the construction project. Notes Haw. Code R. § 1…

The governmental contracting agency shall cause or require to be inserted in all specifications, solicitations, and contracts made and entered into by the agency for construction of any public work, a requirement that prevailing wages be paid as determined by the director and any…

As used in this chapter: "Project agreement" shall have the same meaning as in chapter 39A, HRS. "Project party" shall have the same meaning as in chapter 39A, HRS. "Special purpose revenue bonds" shall have the same meaning as in chapter 39A, HRS. Notes Haw. Code R. § 12-22-75 […

(a) The director of finance shall require in a construction project under chapter 39A, HRS, that the project party insert in all solicitations and contracts made and entered into by the project party that prevailing wages in accordance with chapter 104, HRS, be paid to the labore…

Where the project party has entered into a collective bargaining agreement with a bona fide labor union governing the project party's workforce, as set forth in section 104-2(h), HRS, the terms of that collective bargaining agreement and associated provisions shall be deemed the …

(a) The governmental contracting agency shall require that any class of laborers or mechanics which will be employed on a public work and for which the director has not made a wage determination shall be classified by the contractor in a manner which conforms to the classificatio…

(a) Any person aggrieved by the director's determination made pursuant to section 12-22-8 may, within ten days after mailing of the determination, appeal in writing to the hearings officer appointed by the director in conformance with chapter 91, HRS. (b) Any party to the appeal …

As used in this chapter: "Complainant" means the individual who has filed a complaint. "Complaint" means a verified written statement filed with the department pursuant to this chapter alleging an unlawful suspension, discharge, or discrimination within the meaning of the statute…

(a) The hearing officer shall dismiss the complaint: (1) If it is determined that the department does not have jurisdiction over the complaint; or (2) If the complainant has failed to cooperate with the department in regard to the complaint, and the department has received no res…

(a) If the respondent files a written verified answer, it shall be filed within twenty days from the date of personal delivery or mailing of the complaint. (b) The answer shall state the reasons or factors for the suspension, discharge, or discrimination of the complainant, and a…

(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…

Notes Haw. Code R. §§ 12-25-1 to 12-25-20

As used in this subchapter: "Department" shall be as defined in section 390-1, Hawaii Revised Statutes. "Director" shall be as defined in section 390-1, Hawaii Revised Statutes. "Employer" shall be as defined in section 390-1, Hawaii Revised Statutes. "Gainful occupation" shall b…

A minor under fourteen years of age may be employed or permitted to work in theatrical employment provided that: (1) A written consent to the employment is filed with the director by a guardian or parent with whom the minor resides; or, if the guardian or parent is not a resident…