§383-34  Reconsideration of determination. (a)  In the absence of appeal and within ten days after mailing or delivery ofnotice of the original determination made pursuant to section 383-33 to theparties entitled thereto, the department of labor and industrial relations may,for good cause, on its own motion or upon application of any such party,reconsider such determination.  Upon an application for reconsideration, thedepartment shall promptly reconsider the determination or, on its own motion,transfer the application to the referee.  Such transfer shall likewise beeffected upon request of the party applying for reconsideration provided therequest is made before the party's receipt of notice of the reconsidereddetermination.  Upon transfer the application shall be deemed to constitute anappeal, as of the date of the application, from the original determination.

(b)  At any time within one year from the dateof a determination with respect to base-period wages paid to a claimant, thedepartment on its own motion may reconsider the determination if it finds thatan error in computation or identity has occurred in connection therewith, orthat wages of the claimant pertinent to the determination but not considered inconnection therewith have been newly discovered, or that benefits have beenallowed or denied or the amount of benefits fixed on the basis of anondisclosure or misrepresentation of a material fact.  If the amount ofbenefits is increased upon such redetermination, an appeal therefrom solelywith respect to the matters involved in the increase may be filed in the mannerand subject to the limitations provided in section 383-38.  If the amount ofbenefits is decreased upon such redetermination, the matters involved in thedecrease shall be subject to review in connection with an appeal by theclaimant from any determination upon a subsequent claim for benefits which maybe affected in amount or duration by the redetermination.

(c)  At any time within two years from the endof any week with respect to which a determination allowing or denyingwaiting-week credit or benefits has been made, the department on its own motionmay reconsider such determination if it finds that the waiting-week credit orbenefits were allowed or denied as a result of a nondisclosure ormisrepresentation of a material fact.

(d)  In any case in which the department isauthorized by this section to reconsider any determination but the finaldecision in the case has been rendered by a referee or court, the department maypetition the referee or court to issue a revised decision.

(e)  At any time within one year from the endof any week with respect to which a determination allowing or denyingwaiting-week credit or benefit has been made, the department on its own motionmay reconsider such determination if it finds that an overpayment, due toreasons other than fraud, has occurred. [L 1939, c 219, §6(c); am L 1941, c304, §1, pt of subs 18; am L 1943, c 160, §1, subs 6; RL 1945, §4235; am L1953, c 22, §1(4); am L 1955, c 51, §1(3); RL 1955, §93-33; am L 1959, c 232,§2; am L Sp 1959 2d, c 1, §27; HRS §383-34]

 

Rules of Court

 

  Applicability of Hawaii Rules of Civil Procedure, see HRCPrule 81(b)(12).