§383-33  Determinations, in general.  Adetermination upon a claim filed pursuant to section 383-32 shall be madepromptly by a representative of the department of labor and industrialrelations authorized to make determinations upon claims and shall include astatement as to whether and in what amount the claimant is entitled to benefitsfor the week with respect to which the determination is made and, in the eventof a denial, shall state the reasons therefor.  A determination with respect tothe first week of a benefit year shall also include a statement as to whetherthe claimant has been paid the wages required under section 383-29(a)(5) and,if so, the first day of the benefit year, the claimant's weekly benefit amount,and the maximum total amount of benefits payable to the claimant with respectto such benefit year.

If any employer fails to furnish theinformation necessary to determine whether and in what amount the claimant isentitled to benefits in the manner and within the time specified by thischapter or regulations of the department, the department shall make adetermination based upon such information as is available.  In the absence offraud, any redetermination made on the basis of information furnished by theemployer after the prescribed period shall be effective only as to benefitspaid after the week in which the information was received.  In the absence of ashowing by the employer satisfying the department that the employer could notreasonably comply with the department's requirement, any benefits overpaidprior to the effective date of the redetermination as a result of theemployer's failure to furnish the information as required shall be chargedentirely against the account of the noncomplying employer; provided that theoverpaid benefits shall not, in any event, be recoverable from the claimant. [L1939, c 219, §6(c); am L 1941, c 304, §1, pt of subs 18; RL 1945, §4234; am L1955, c 51, §1(4); RL 1955, §93-32; am L Sp 1959 2d, c 1, §27; HRS §383-33; amL 1968, c 4, §2; am L 1971, c 187, §5; gen ch 1985]

 

Case Notes

 

  Applies where employer fails to submit a wage and separationreport, not where employer submits erroneous information of claimant'searnings.  68 H. 349, 714 P.2d 520.