Hawaii Administrative Code

(a) If an individual has a state or federal overpayment outstanding in a participating state and recovery is requested from another participating state, the requesting state shall perform the following duties: (1) Send the recovering state a written request for overpayment recove…

Notes Haw. Code R. § 12-5-152

(a) The agent state shall afford all reasonable cooperation in the taking of evidence and the holding of hearings in connection with appealed interstate benefit claims when so requested by a liable state. (b) With respect to the time limits imposed by the law of a liable state up…

Notes Haw. Code R. §§ 12-5-154 to 12-5-156

Sections 12-5-133 to 12-5-153 shall apply in all provisions to claims taken in and for Canada. Notes Haw. Code R. § 12-5-157 [Eff. 6/26/81] (Auth: HRS § 383-92) (Imp: HRS §§ 383-108, 383-109)

Notes Haw. Code R. §§ 12-5-158 to 12-5-162

Sections 12-5-167 to 12-5-183 shall govern the department in its administrative cooperation with other states subscribing to the interstate reciprocal coverage arrangement hereinafter referred to as "the arrangement". Notes Haw. Code R. § 12-5-163 [Eff. 6/26/81] (Auth: HRS § 383-…

Notes Haw. Code R. §§ 12-5-164 to 12-5-166

As used in Sections 12-5-171 to 12-5-183, unless the context clearly indicates otherwise: "Agency" means any officer, board, commission, or other authority charged with the administration of the unemployment insurance law of a participating jurisdiction; "Interested agency" means…

Notes Haw. Code R. §§ 12-5-168 to 12-5-170

(a) Every employing unit for which services are performed in employment shall file a report within twenty days after such services are first performed on forms provided by the department to determine liability for contributions. (b) At the time contributions are due and payable a…

(a) Any employing unit may file an election, on a form provided or approved by the elected jurisdiction, to cover under the law of a single participating jurisdiction all of the services performed for such employing unit by any individual who customarily works for such employing …

Notes Haw. Code R. §§ 12-5-172 to 12-5-174

(a) An election duly approved under section 12-5-171 shall become effective at the beginning of the calendar quarter in which the election was submitted unless the election, as approved, specified the beginning of a different calendar quarter. If the electing unit requests an ear…

Notes Haw. Code R. §§ 12-5-176 to 12-5-178

(a) The electing unit shall promptly notify each individual affected by its approved election, on a form supplied by the elected jurisdiction, and shall furnish the elected agency a copy of such notice. (b) Whenever an individual covered by an election under Section 12-5-171 is s…

Notes Haw. Code R. §§ 12-5-18 to 12-5-20

Notes Haw. Code R. §§ 12-5-180 to 12-5-182

The director hereby delegates to the administrator of the unemployment insurance division authority to approve or disapprove reciprocal coverage election in accordance with Section 12-5-171. Notes Haw. Code R. § 12-5-183 [Eff. 6/26/81] (Auth: HRS § 383-92) (Imp: HRS §§ 383-92, 38…

Notes Haw. Code R. §§ 12-5-184 to 12-5-188

Two or more employing units under substantially the same ownership or control shall be entitled to a joint experience rating account upon making written application therefor, provided all such employing units have been chargeable with benefits throughout the calendar year precedi…

Notes Haw. Code R. §§ 12-5-190 to 12-5-192

The department shall establish a joint experience rating account for employing units which qualify for such account and shall compute a combined rate effective as of the beginning of the calendar year in which such employing units make application for a joint account. The departm…

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…