PART I. GENERAL PROVISIONS

 

Note

 

  Sections 371-1 to 371-18 designated as Part I by L 2006, c290, §2.

 

§371-4  Labor and industrial relationsappeals board.  (a)  There is created a labor and industrial relationsappeals board composed of three members nominated and, by and with the adviceand consent of the senate, appointed by the governor for terms of ten yearseach, 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 ofappointments.  The governor shall designate the chairperson of the board, whoshall be an attorney at law licensed to practice in all of the courts of thisState.  Each member shall hold office until the member's successor is appointedand qualified.  Because cumulative experience and continuity in office areessential to the proper handling of appeals under workers' compensation law andother labor laws, it is hereby declared to be in the public interest tocontinue board members in office as long as efficiency is demonstrated.  Themembers 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 setat eighty-seven per cent of the salary of the director of labor and industrialrelations, and the salary of each of the other members shall be ninety-five percent of the chairperson's salary.

(b)  The board shall have power to decideappeals from decisions and orders of the director of labor and industrialrelations issued under the workers' compensation law and any other law forwhich an appeal to the board is provided by law.

(c)  A decision concurred in by any two membersshall constitute a decision of the board.

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

(e)  If any member of the board is unable toact because of absence, temporary disability, or disqualification, the governormay make a temporary appointment and the appointee shall have all the powersand duties of a regular member of the board.

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

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

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

(3)  Provide for the reimbursement of actual andnecessary expenses incurred by the executive officer, hearings officer, andemployees in the performance of their duties, within the amounts made availableby appropriations therefor.

Members of the appeal board and employees otherthan clerical and stenographic employees shall be exempt from chapters 76 and89.  Clerical and stenographic employees shall be employed in accordance withchapter 76.

(g)  The board shall be within the departmentof labor and industrial relations for budgetary and administrative purposesonly.

(h)  The board may adopt rules and regulationswithin its area of responsibilities in accordance with chapter 91. [L 1939, c237, 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 thelabor and industrial relations appeals board (LIRAB) is an "entity"for purposes of chapter 323C when it reviews, evaluates, and decides on claimsfor workers' compensation; some provisions of chapter 323C apply to each in itsadjudicatory capacity because the DCD and the LIRAB receive protected healthinformation 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, 510P.2d 89.