§371-4 - Labor and industrial relations appeals board.

PART I.
GENERAL PROVISIONS

Note

Sections 371-1 to 371-18 designated as Part I by L 2006, c
290, §2.

§371-4 Labor and industrial relations
appeals board. (a) There is created a labor and industrial relations
appeals board composed of three members nominated and, by and with the advice
and consent of the senate, appointed by the governor for terms of ten years
each, except that the terms of members first appointed shall be for six, eight,
and ten years respectively as designated by the governor at the time of
appointments. The governor shall designate the chairperson of the board, who
shall be an attorney at law licensed to practice in all of the courts of this
State. Each member shall hold office until the member's successor is appointed
and qualified. Because cumulative experience and continuity in office are
essential to the proper handling of appeals under workers' compensation law and
other labor laws, it is hereby declared to be in the public interest to
continue board members in office as long as efficiency is demonstrated. The
members shall devote full time to their duties as members of the board.
Effective July 1, 2005, the chairperson of the board shall be paid a salary set
at eighty-seven per cent of the salary of the director of labor and industrial
relations, and the salary of each of the other members shall be ninety-five per
cent of the chairperson's salary.

(b) The board shall have power to decide
appeals from decisions and orders of the director of labor and industrial
relations issued under the workers' compensation law and any other law for
which an appeal to the board is provided by law.

(d) A vacancy in the board, if there remain
two members of it, shall not impair the authority of two members to act.

(e) If any member of the board is unable to
act because of absence, temporary disability, or disqualification, the governor
may make a temporary appointment and the appointee shall have all the powers
and duties of a regular member of the board.

(f) The chairperson of the appeal board shall
be responsible for the administrative functions of the appeal board. The
appeal board may:

(1) Appoint an executive officer and hearings
officer, and employ other employees as it deems necessary in the performance of
its functions;

(2) Set the duties and compensation of the executive
officer, hearings officer, and employees; and

(3) Provide for the reimbursement of actual and
necessary expenses incurred by the executive officer, hearings officer, and
employees in the performance of their duties, within the amounts made available
by appropriations therefor.

Members of the appeal board and employees other
than clerical and stenographic employees shall be exempt from chapters 76 and
89. Clerical and stenographic employees shall be employed in accordance with
chapter 76.

(g) The board shall be within the department
of labor and industrial relations for budgetary and administrative purposes
only.

(h) The board may adopt rules and regulations
within its area of responsibilities in accordance with chapter 91. [L 1939, c
237, pt of §1(7); RL 1945, §4109; RL 1955, §88-10; am L Sp 1959 2d, c 1, §5;
HRS §371-4; am L 1969, c 244, §1a; am L 1975, c 5, §1, c 41, §1, and c 58, §18;
am L 1982, c 129, §15; gen ch 1985; am L 1986, c 128, §14; am L 1989, c 329,
§12; am L 1990, c 140, §7; gen ch 1993; am L 1994, c 92, §2; am L 2000, c 253,
§150; am L 2002, c 148, §41; am L 2005, c 226, §12; am L 2009, c 3, §2]

Cross References

Boards, generally, see §26-34.

Attorney General Opinions

Member holding over will be a de jure, not merely a de facto,
officer. Att. Gen. Op. 73-7.

Neither the disability compensation division (DCD) nor the
labor and industrial relations appeals board (LIRAB) is an "entity"
for purposes of chapter 323C when it reviews, evaluates, and decides on claims
for workers' compensation; some provisions of chapter 323C apply to each in its
adjudicatory capacity because the DCD and the LIRAB receive protected health
information when they process workers' compensation claims. Att. Gen. Op.
2000-2.

Case Notes

Board is an agency within meaning of §91-1. 54 H. 479, 510
P.2d 89.