ยง351-13 - Powers and procedures of commission.
ยง351-13ย Powers and procedures of
commission.ย (a)ย Except for cases assigned to the administrator pursuant
to subsection (c), upon an application for compensation under this chapter, the
commission shall fix a time and place for a hearing on the application and
shall cause notice thereof to be given to the applicant.ย The commission may
hold hearings, sit and act at times and places, and take testimony as it may
deem advisable.ย Any two members shall constitute a quorum, but the concurring
vote of the two members shall be necessary to take any action.ย Any member may
administer oaths or affirmations to witnesses appearing before the commission.ย
The commission shall have the same powers of subpoena and compulsion of
attendance of witnesses and production of documents and of examination of
witnesses as a circuit court.ย Subpoenas shall be issued under the signature of
the chairperson or by majority vote of the commission members.ย The circuit
court of any circuit in which a subpoena is issued or served or in which the
attendance or production is required, upon the application of the commission,
may enforce the attendance and testimony of any witness and the production of
any document so subpoenaed.ย Subpoena and witness fees and mileage shall be the
same as in criminal cases in the circuit courts and shall be payable from funds
appropriated for expenses of administration.ย The orders shall be signed by the
chairperson or, in the absence of the chairperson, by the other two members.
(b)ย Notwithstanding any other provision, the
commission may delegate to the administrator the authority to sign any order.
(c)ย The commission shall assign cases to the
administrator for determination of eligibility and any order of compensation.
(d)ย If the applicant is dissatisfied with the
determination by the administrator, the applicant may appeal to the commission
for a hearing; provided that to be considered, the written appeal shall be
received by the commission within sixty days of the mailing of a certified copy
of the decision and order, and the commission shall review the case as if it
was not heard before and as if no decision had been previously rendered.ย In
such an event, the commission's decision shall be final. [L 1967, c 226, pt of
ยง1; 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]