Hawaii Administrative Code

Notes Haw. Code R. §§ 12-5-94 to 12-5-98

Unless the context otherwise requires, the following terms used in sections 12-5-103 to 12-5-123 shall have the following meanings: "Base period" means the base period applicable under the unemployment insurance law of the paying state; "Benefit year" means the benefit year appli…

(a) This chapter implements Act 377, SLH 1987, which amends chapter 394B, HRS, relating to dislocated workers. (b) Chapter 394B, HRS, protects employees from the effects of unexpected and sudden lay-offs or terminations which result from closings, partial closings, or relocations…

As used in chapter 394B, HRS, and in this chapter, unless the context clearly indicates otherwise: "Affected employee" is any individual engaged in service to an employer and who has a reasonable expectation of continuing employment with that employer at the time of the closing, …

(a) In order to be considered a covered establishment, an entity shall: (1) Be an industrial, commercial, or other legal business entity which is a party to a sale, transfer, merger, and other business takeover or transaction of business interests as defined herein; and (2) Emplo…

(a) In order for there to be a closing, there shall be: (1) A sale, transfer, merger, and other business takeover or transaction of business interests; (2) A permanent shutting down of all operations within a covered establishment due to paragraph (1); and (3) An actual or potent…

(a) In order for there to be a partial closing, there shall be: (1) A sale, transfer, merger, and other business takeover or transaction of business interests; and (2) A permanent shutting down of a portion of operations within a covered establishment due to paragraph (1); and (3…

(a) In order for there to be a relocation for the purposes of chapter 394B, HRS, there must be a removal of all or substantially all of the industrial, commercial, or business operations in a covered establishment to a location outside of the State of Hawaii. (b) A relocation req…

(a) Any employer subject to the provisions of chapter 394B, HRS, shall provide written notification not less than sixty calendar days prior to the closing, partial closing, or relocation to each affected employee and to the director. (b) Written notification to the affected emplo…

(a) To receive a dislocated worker allowance, an affected employee shall: (1) Be laid off or terminated as a result of a closing, partial closing, or relocation; (2) Not receive any supplemental unemployment compensation benefits as a result of any contractual agreement arrived a…

Any interested person may petition the director for a declaratory order as to the applicability of any provision of chapter 394B, HRS, or of any rule promulgated or order rendered thereunder, pursuant to section 91-8, HRS. In any such proceeding, in addition to section 12-1-5, Ha…

(a) These rules implement section 383-128, HRS, (Act 68, SLH 1991) which establishes an employment and training fund to train and maintain a skilled competitive workforce. (b) As cited in section 383-128, HRS, funds may be used for: (1) The operation of the Hawaii state employmen…

(a) The funding of auxiliary services shall be restricted to activities which assist the department, training providers, and employers in meeting the objectives of section 12-6-1. (b) Funding of these services may not be approved if they are available through established agencies…

Notes Haw. Code R. § 12-6-11 R 12/09/02

(a) Training proposals shall: (1) Be limited to $100,000.00 and one year in length; and (2) Designate a single recipient of the program funds; provided that subcontracting of funds shall be authorized only under written authorization of the department. (b) Upon annual review, the…

The director shall require employers or employer groups who receive training assistance authorized under this chapter to contribute fifty per cent of the amount requested in cash or in-kind contributions. (1) The estimated monetary value of each in-kind contribution shall be list…

(a) The director may establish limitations on the amount of funds provided to vendors, employers, and employees. (b) Funds will not be provided for the training of federal, state, or county employees. Notes Haw. Code R. § 12-6-14 [Eff and comp: 12/09/02] (Auth: HRS §§ 383-92, 383…

Notes Haw. Code R. § 12-6-15

(a) The director is responsible for operations and programs funded by the employment and training fund. (b) The director may appoint an advisory committee that includes employers, labor organization representatives, and training providers for the purpose of: (1) Reviewing program…

(a) The department shall administer program funds in accordance with state laws, administrative rules, policies, and procedures. (b) Training providers and employers shall comply with all applicable federal and state laws in the operation of programs funded under this chapter. No…

(a) The department may conduct employment and training programs or contract with public and private sector agencies, nonprofit organizations, employers, or labor organizations to develop and implement programs authorized by this chapter. (b) Requests for funding assistance shall …

(a) Training providers and employers who receive macro funds under this chapter shall submit interim status reports and a final report as specified in the contract or agreement. (1) The interim reports shall contain information that will enable the department to determine the ext…

As used in this chapter: "Applicant" means an organization or individual that responds to a request for proposals for the macro or micro training programs under this chapter. "Auxiliary services" means training- and employment- related activities such as educational and vocationa…

(a) The director may cancel the contract for nonperformance by the training provider or employer; unsatisfactory performance by the contractor or training provider, such as frequent delays or cancellations of training activities; or failing to perform any of its contractual oblig…

The department shall evaluate the program to determine its overall effectiveness. The evaluation may be performed by the department or another organization under a contractual agreement. Notes Haw. Code R. § 12-6-21 [Eff 5/04/92; comp 12/09/02] (Auth: HRS §§ 383-92, 383-128) (Imp…

When applicable, the application for funds shall contain an affirmation that the proposed training is consistent with the provisions of a current collective bargaining agreement." Notes Haw. Code R. § 12-6-22 [Eff 5/04/92; comp 12/09/02] (Auth: HRS §§ 383-92, 383-128) (Imp: HRS §…

Notes Haw. Code R. §§ 12-6-3 to 12-6-5

(a) Macro training should be developed on the basis of: (1) Training needs that are identified by the director from sources such as surveys, reports, studies, plans, and discussions with public and private sector agencies, employers, employer organizations, labor organizations, a…

Training programs may be proposed to assist new or expanding industries. As cited in section 394-9, HRS, business in this category shall include those engaged in research, development, manufacturing, production, or delivery of services in growth sectors such as, biotechnology, re…

Training providers, employers, or employer groups shall apply to the department for funds to operate programs or provide training services authorized under this chapter on forms prescribed by the department. Notes Haw. Code R. § 12-6-8 [Eff 5/04/92; am and comp 12/09/02] (Auth: H…

(a) The director shall use any of the following applicable criteria in reviewing and approving proposals under this chapter, the extent to which: (1) The objectives of section 12-6-1 are addressed. (2) The program is based on a collaborative agreement among training providers, em…

Where the applicant is the sole party in the contested case, the board or the hearing officer, as the case may be, shall consider and give appropriate weight to the records on file with the board directly relating to the application, including, but not limited to, staff submittal…

(a) A person may appear in the person's own behalf, a partner may represent the partnership, an officer, trustee, or authorized employee of a corporation or trust or association may represent the corporation, trust or association, and an officer or employee of an agency may repre…

(a) The board may on its own motion or on petition or application of any interested person or persons or any agency of the state or county government conduct proceedings as necessary for the purpose of obtaining information necessary or helpful in carrying out its duties, includi…

(a) All pleadings, applications, submittals, petitions, reports, maps, exceptions, briefs, memoranda, and other papers required to be filed with the board in any proceeding shall be filed with the office of the chairperson. These papers may be sent by mail or hand-carried to the …

Computation of time shall be as established by section 1-29, HRS. Notes Haw. Code R. § 13-1-13 [Eff 6/22/81; am and comp 2/27/09] (Auth: HRS § 171-6) (Imp: HRS §§ 1-29, 91-2)

Whenever a person or agency has a right or is required to take action within the period prescribed or allowed by these rules, by notice given thereunder or by an order, the board or its chairperson may, for good cause, unless prohibited by law: (1) Before the expiration of the pr…

If any document filed with the board is not in substantial conformity with rules of the board as to its contents, or is otherwise insufficient, the board may refuse to accept the document, or may require its amendment. Notes Haw. Code R. § 13-1-15 [Eff 6/22/81; am and comp 2/27/0…

All documents filed with or presented to the board may be retained in the files of the board. The board may permit the withdrawal of original documents upon submission of properly authenticated copies to replace the documents. Notes Haw. Code R. § 13-1-16 [Eff 6/22/81; am and com…

All final orders, opinions or rulings entered by the board in a proceeding and rules and written policies promulgated by the board shall be served upon the parties or persons participating in the proceeding by regular mail or personal delivery by the board and may be released for…

A deputy attorney general, as assigned by the department of the attorney general, will serve as counsel to the board during its proceedings. In contested cases concerning alleged violations of law, there will be at least two deputy attorneys general assigned by and from different…

Upon motion and for good cause shown, the board may order substitution of parties; provided that in case of death of a party, substitution may be ordered without the filing of a motion. Notes Haw. Code R. § 13-1-19 [Eff 6/22/81; am and comp 2/27/09] (Auth: HRS § 171-6) (Imp: HRS …

In contested cases involving alleged violations of law, to the extent necessary, the department shall be treated as a party for the purpose of establishing the agency's case and staff members may be called as witnesses. The department's activities in relation to the enforcement a…

The board, upon its own initiation or upon motion, may consolidate for hearing or for other purposes or may contemporaneously consider two or more proceedings which involve substantially the same parties or issues which are the same or closely related, if it finds that the consol…

When the board proposes to adopt, amend, or repeal a rule, whether acting upon a petition or its own motion, a public hearing shall be held as provided by law. Notes Haw. Code R. § 13-1-21 [Eff 6/22/81; am and comp 2/27/09] (Auth: HRS § 171-6) (Imp: HRS §§ 91-3, 91-6)

(a) Notice of proposed rulemaking shall be published at least once in a newspaper of general circulation in the State and in each county affected by the proposed rule. All notices shall be issued at least thirty days prior to the date set for public hearing. (b) A notice of the p…

Each hearing shall be held at the time and place set in the notice of hearing, but may at that time and place be continued by the presiding officer from day to day or adjourn to a later date or to a different place without notice other than the announcement thereof at the hearing…