Hawaii Administrative Code

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

Notes Haw. Code R. §§ 12-5-40 to 12-5-42

(a) For the purposes of section 383-29(e), Hawaii Revised Statutes, and this section, a "vocational training or retraining course" means a technical training course, including field work or apprenticeship-type situations, which is designed to prepare individuals for gainful emplo…

Notes Haw. Code R. §§ 12-5-44 to 12-5-46

(a) An individual shall be disqualified for benefits for voluntarily leaving work without good cause. (b) A separation is a voluntary leaving or quitting when the facts and circumstances demonstrate that a claimant is the "moving party" in the termination of an employment relatio…

Notes Haw. Code R. §§ 12-5-48 to 12-5-50

(a) Board, lodging, or any other payment in kind received by a worker from the worker's employer in addition to or in lieu of (rather than as a deduction from) money wages shall be deemed to be remuneration paid by the employer. (b) The reasonable cash value of such payments in k…

(a) A discharge occurs when an employer is the "moving party" in the termination of the employment relationship. (b) A suspension occurs when the employer takes action to refuse work and remuneration to an employee without terminating the employment relationship. (c) Misconduct c…

Notes Haw. Code R. §§ 12-5-52 to 12-5-54

(a) A claimant shall be disqualified under section 383-30(3), Hawaii Revised Statutes, if: (1) The claimant was offered employment or was directed to apply for employment by a public employment office; (2) The prospective employment was suitable; (3) The offer was refused or the …

Notes Haw. Code R. §§ 12-5-56 to 12-5-58

Notes Haw. Code R. § 12-5-59 R 9/23/89

Notes Haw. Code R. §§ 12-5-6 to 12-5-8

Notes Haw. Code R. §§ 12-5-60 to 12-5-62

As used in section 383-30(4), Hawaii Revised Statutes, "labor dispute" means any controversy concerning terms, tenure, or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange term…

Notes Haw. Code R. §§ 12-5-64 to 12-5-66

The administrative penalty under section 383-30(5), Hawaii Revised Statutes, shall be applied only if the department finds the following four elements: (1) There is a false statement, or misrepresentation or nondisclosure of a fact; (2) The fact falsely stated, misrepresented, or…

As used in section 383-23.5, Hawaii Revised Statutes: (1) "Is receiving a pension" means a pension actually received or a pension applied for and determined by the authorities responsible for administering the pension program to be payable in specified amounts for the same period…

Notes Haw. Code R. §§ 12-5-69 to 12-5-72

Unless the context otherwise requires, the following terms used in sections 12-5-77 to 12-5-93 shall have the following meaning: "Additional claim" means a notice of new unemployment filed in accordance with section 12-5-81 at the beginning of a second or subsequent period of eli…

Notes Haw. Code R. §§ 12-5-74 to 12-5-76

Every employer shall post and maintain, in accessible and conspicuous places in all establishments or places of business where workers perform their service, such information cards or posters as are provided for that purpose by the department. Notes Haw. Code R. § 12-5-77 [Eff. 6…

Notes Haw. Code R. §§ 12-5-78 to 12-5-80

(a) A new claim may be filed by any individual who has become totally, part-totally, or partially unemployed. The new claim shall be filed in person, by mail, by telephone, or by using other alternative claims filing procedures as instructed or authorized by the department and in…

Notes Haw. Code R. §§ 12-5-82 to 12-5-84

Any person who has received any amount as benefits to which that person was not entitled shall be liable for such amount unless the overpayment was received without fault on the part of the recipient and its recovery would be against equity and good conscience. (1) "Fault" shall …

Notes Haw. Code R. §§ 12-5-86 to 12-5-88

(a) An unemployed individual may file an application for a determination of insured status in accordance with this chapter. A claimant may withdraw an application for a determination of insured status at any time prior to the time at which a valid claim is established by the depa…