Hawaii Administrative Code

The chief clerk or designee shall serve a certified copy of the decision or order of the board on the parties, duly appointed representatives, or their attorneys in accordance with section 12-47-18 as applicable. Notes Haw. Code R. § 12-47-51 [Eff ] (Auth: HRS § 371-4) (Imp: HRS …

The effective date of the decision or order is the date it is filed by the chief clerk or designee. Notes Haw. Code R. § 12-47-52 [Eff ] (Auth: HRS § 371-4) (Imp: HRS § 371-4)

(a) In the absence of an appeal and within thirty days after mailing of a copy of the board's decision or order, the board may, upon the request of any party, or upon its own motion, reconsider or reopen the matter. If reopening is allowed, the board may take further evidence or …

Clerical mistakes in decisions, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the board at any time of its own initiative or upon the application of any party. During the pendency of a judicial appeal, the mistakes …

Within ten calendar days following the filing of a final decision and order, or upon the filing of a stipulation and settlement agreement with respect to an appeal compromised pursuant to section 386-78, HRS, attorneys seeking approval of fees pursuant to section 386-94, HRS, sha…

(a) The original papers and exhibits filed with the board, the transcript of any proceedings requested, and the indexes prepared by the chief clerk of the board shall constitute the record on appeal. (b) Within ten days after filing the notice of appeal the appellant shall order …

Notes Haw. Code R. §§ 12-47-57 to 12-47-59

(a) Any interested person or any agency of the state or county government may petition the board for the adoption, amendment, or repeal of any rule. (b) The petition shall set forth the text of any proposed rule or amendment desired or specify the rule the repeal of which is desi…

(a) Each public hearing on the proposed adoption, amendment, or repeal of any rule shall be conducted in such a way to afford to interested persons a reasonable opportunity to be heard on matters relevant to the issues involved so as to obtain a clear and orderly record. The pres…

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 …

Certification of hoisting machine operators is limited to operators of power-operated equipment covered by 29 C.F.R. §1926.1400 and meeting operator qualification and certification requirements under 29 C.F.R. §1926.1427. Notes Haw. Code R. § 12-48-2 [Eff 7/30/12] (Auth: HRS § 39…

As used in this chapter: "ASME B30.3" means ASME B30.3-2009, American Society of Mechanical Engineers Safety Standards. "ASME B30.5" means ASME B30.5-2007, American Society of Mechanical Engineers Safety Standards. "Board" means the hoisting machine operators' advisory board. "Ce…

The board shall be composed of five members from both organized labor and management employers. The members are to serve without compensation and without reimbursement for expenses. Members shall be appointed by the governor and may adopt rules pursuant to chapter 91, Hawaii Revi…

(a) No person shall operate a hoisting machine covered by this chapter without a current certificate except as identified in this chapter. (b) Any person who operates a hoisting machine shall have and carry a current and valid certificate while operating a hoisting machine. (c) A…

(a) An applicant for a certificate shall be at least twenty-one years of age at the time of application and provide proof of age by submitting a valid original of any two of the following for the purpose of photocopying: (1) Birth certificate; (2) Driver's license; (3) Passport; …

Notes Haw. Code R. § 12-48-7

(a) Applications for renewal of hoisting machine operator certificates shall be made on forms provided by the director and must be submitted to the director with a nonrefundable renewal fee. Renewal applications must be submitted with the required forms identified in sections 12-…

(a) The director may deny, suspend, or revoke the certificate of a holder for any of these reasons: (1) A violation of ASME B30.5; (2) Non-compliance with an order of the director within the time specified in the order; (3) Proof that the applicant or holder has been convicted of…

For the purposes of this chapter, unless the context clearly requires otherwise: "Attached to a regular employer" means: (1) The employee is being offered work each week; or (2) If no work is being offered: (A) The employer is maintaining the individual on the payroll by paying f…

Notes Haw. Code R. §§ 12-5-10 to 12-5-12

Notes Haw. Code R. §§ 12-5-100 to 12-5-102

(a) An unemployed individual may elect to file a claim under this arrangement if that individual has covered employment under the unemployment insurance laws of two or more states. The individual may not file a claim under this arrangement if the individual has a current benefit …

Notes Haw. Code R. §§ 12-5-104 to 12-5-106

(a) The paying state shall request the transfer of a combined-wage claimant's employment and wages in all states during its base period, and shall determine the combined-wage claimant's entitlement to benefits (including, additional benefits, extended benefits, and dependents' al…

Notes Haw. Code R. §§ 12-5-108 to 12-5-110

(a) Each transferring state shall promptly transfer to the paying state the employment and wages the combined-wage claimant had in covered employment during the base period of the paying state. Any employment and wages so transferred shall be transferred without restriction as to…

Notes Haw. Code R. §§ 12-5-112 to 12-5-114

Employment and wages which have been used under this arrangement for a determination of benefits which establishes a benefit year shall not thereafter be used by any state as the basis for another monetary determination of benefits. Notes Haw. Code R. § 12-5-115 [Eff. 6/26/81] (A…

Notes Haw. Code R. §§ 12-5-116 to 12-5-118

Benefits paid to a claimant who is eligible for benefits only by combining the claimant's employment and wages in two or more states shall not be charged to the reserve account of any base period employer on a contributory plan. Notes Haw. Code R. § 12-5-119 [Eff. 6/26/81] (Auth:…

Notes Haw. Code R. §§ 12-5-120 to 12-5-122

Periodically the secretary shall review the operation of this arrangement and shall propose such amendments to the arrangement as the secretary believes are necessary or appropriate. Any state unemployment compensation agency or the interstate conference of employment security ag…

Notes Haw. Code R. §§ 12-5-124 to 12-5-128

Sections 12-5-133 to 12-5-157 shall govern the department in its administrative cooperation with other states adopting similar rules for the payment of benefits to interstate claimants and the recovery of overpayments. Notes Haw. Code R. § 12-5-129 [Eff. 6/26/81] (Auth: HRS § 383…

(a) Each employing unit having employment performed for it shall maintain records as indicated in this section. (1) For each worker, unless the department has ruled that the worker's services do not constitute employment: (A) Name; (B) Social security account number; (C) Type of …

Notes Haw. Code R. §§ 12-5-130 to 12-5-132

As used in Sections 12-5-129 to 12-5-157, unless the context clearly requires otherwise: "Agent state" means any state from or through which an individual files an interstate claim for benefits against another state; "Benefits" means the compensation payable to an individual, wit…

Notes Haw. Code R. §§ 12-5-134 to 12-5-135

The liable state will notify the agent state of each initial claim, reopened claim, claim transferred to interstate status, and each week claim filed from the agent state using uniform procedures and record format pursuant to the Interstate Benefit Payment Plan. Notes Haw. Code R…

(a) The agent state shall register for work each interstate claimant who files through the agent state, or upon notification of a claim filed directly with the liable state, as required by the law, regulations and procedures of the agent state. Such registration shall be accepted…

Notes Haw. Code R. §§ 12-5-138 to 12-5-140

Notes Haw. Code R. §§ 12-5-14 to 12-5-16

(a) If a claimant files a claim against any state, and it is determined by such state that the claimant has available benefit credits in such state, then claims shall be filed only against such state as long as benefit credits are available in that state. Thereafter, the claimant…

Notes Haw. Code R. §§ 12-5-142 to 12-5-144

(a) Claims for benefits or waiting period filed by an interstate claimant directly with the liable state shall be filed in accordance with the liable state=s procedures. (b) With respect to weeks of unemployment during which an individual is attached to a regular employer, the li…