ยง351-13 - Powers and procedures of commission.
ยง351-13ย Powers and procedures ofcommission.ย (a)ย Except for cases assigned to the administrator pursuantto subsection (c), upon an application for compensation under this chapter, thecommission shall fix a time and place for a hearing on the application andshall cause notice thereof to be given to the applicant.ย The commission mayhold hearings, sit and act at times and places, and take testimony as it maydeem advisable.ย Any two members shall constitute a quorum, but the concurringvote of the two members shall be necessary to take any action.ย Any member mayadminister oaths or affirmations to witnesses appearing before the commission.ย The commission shall have the same powers of subpoena and compulsion ofattendance of witnesses and production of documents and of examination ofwitnesses as a circuit court.ย Subpoenas shall be issued under the signature ofthe chairperson or by majority vote of the commission members.ย The circuitcourt of any circuit in which a subpoena is issued or served or in which theattendance or production is required, upon the application of the commission,may enforce the attendance and testimony of any witness and the production ofany document so subpoenaed.ย Subpoena and witness fees and mileage shall be thesame as in criminal cases in the circuit courts and shall be payable from fundsappropriated for expenses of administration.ย The orders shall be signed by thechairperson or, in the absence of the chairperson, by the other two members.
(b)ย Notwithstanding any other provision, thecommission may delegate to the administrator the authority to sign any order.
(c)ย The commission shall assign cases to theadministrator for determination of eligibility and any order of compensation.
(d)ย If the applicant is dissatisfied with thedetermination by the administrator, the applicant may appeal to the commissionfor a hearing; provided that to be considered, the written appeal shall bereceived by the commission within sixty days of the mailing of a certified copyof the decision and order, and the commission shall review the case as if itwas not heard before and as if no decision had been previously rendered.ย Insuch an event, the commission's decision shall be final. [L 1967, c 226, pt ofยง1; HRS ยง351-13; am L 1975, c 138, ยง1; am L 1989, c 177, ยง6; am L 1992, c 260,ยง3; am L 1993, c 219, ยง1; am L 1995, c 182, ยง2; am L 1996, c 235, ยง1]