§383-34  Reconsideration of determination. 
(a)  In the absence of appeal and within ten days after mailing or delivery of
notice of the original determination made pursuant to section 383-33 to the
parties 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, the
department shall promptly reconsider the determination or, on its own motion,
transfer the application to the referee.  Such transfer shall likewise be
effected upon request of the party applying for reconsideration provided the
request is made before the party's receipt of notice of the reconsidered
determination.  Upon transfer the application shall be deemed to constitute an
appeal, as of the date of the application, from the original determination.



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



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



(d)  In any case in which the department is
authorized by this section to reconsider any determination but the final
decision in the case has been rendered by a referee or court, the department may
petition the referee or court to issue a revised decision.



(e)  At any time within one year from the end
of any week with respect to which a determination allowing or denying
waiting-week credit or benefit has been made, the department on its own motion
may reconsider such determination if it finds that an overpayment, due to
reasons other than fraud, has occurred. [L 1939, c 219, §6(c); am L 1941, c
304, §1, pt of subs 18; am L 1943, c 160, §1, subs 6; RL 1945, §4235; am L
1953, 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 HRCP
rule 81(b)(12).