§383-38  Appeals, filing, and hearing. 
(a)  The claimant or any other party entitled to notice of a determination or
redetermination as herein provided may file an appeal from the determination or
redetermination at the office of the department in the county in which the
claimant resides or in the county in which the claimant was last employed, or
with a copy of the contested determination at the employment security appeals
referee's office, within ten days after the date of mailing of the notice to
the claimant's or party's last known address, or if the notice is not mailed,
within ten days after the date of delivery of the notice to the claimant or
party.  The department may for good cause extend the period within which an
appeal may be filed to thirty days.  Written notice of a hearing of an appeal
shall be sent by first class, nonregistered, noncertified mail to the
claimant's or party's last known address.



(b)  The appeal under subsection (a) shall be
heard in the county in which the appeal is filed, except that the department
may by its rules provide for the holding of a hearing in another county with
the consent of all parties or where necessary in order that a fair and
impartial hearing may be had, and may provide for the taking of depositions.  Unless
the appeal is withdrawn with the permission of the referee, the referee after
affording the parties reasonable opportunity for a fair hearing shall make
findings and conclusions and on the basis thereof affirm, modify, or reverse
such determination or redetermination.  The parties to any appeal shall be
promptly notified of the decision of the referee and shall be furnished with a
copy of the decision and the findings and conclusions in support thereof and
the decisions shall be final and shall be binding upon each party unless a
proceeding for judicial review is initiated by the party pursuant to section
383-41; provided that within the time provided for taking an appeal and prior
to the filing of a notice of appeal, the referee may reopen the matter, upon
the application of the director or any other party, or upon the referee's own
motion, and thereupon may take further evidence or may modify or reverse the
referee's decision, findings, or conclusions.  If the matter is reopened, the
referee shall render a further decision in the matter either reaffirming or
modifying or reversing the referee's original decision, and notice shall be
given thereof in the manner hereinbefore provided.  Upon reopening, the referee
who heard the original appeal shall reconsider the matter, except where the
referee is no longer employed as a referee or the referee disqualifies oneself
from reconsidering the referee's decision.



(c)  The time to initiate judicial review under
section 383-41 shall run from the notice of such further decision, if the
matter has been reopened under subsection (b).



(d)  If a claimant or party does not receive
the written notice under subsection (a), a second written notice shall be sent
by certified mail, and the hearing on the appeal shall be rescheduled
accordingly. [L 1941, c 304, §1, pt of subs 18; RL 1945, §4239; RL 1955,
§93-37; am L 1965, c 96, §69; HRS §383-38; am L 1971, c 179, §1; am L 1977, c
48, §1; gen ch 1985; am L 1997, c 22, §1; am L 2002, c 3, §1]



 



Cross References



 



  Appeals and hearings, see chapter 91.



 



Case Notes



 



  Requirement concerning place of filing is jurisdictional.  67
H. 39, 675 P.2d 777.