§383-38  Appeals, filing, and hearing. (a)  The claimant or any other party entitled to notice of a determination orredetermination as herein provided may file an appeal from the determination orredetermination at the office of the department in the county in which theclaimant resides or in the county in which the claimant was last employed, orwith a copy of the contested determination at the employment security appealsreferee's office, within ten days after the date of mailing of the notice tothe 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 orparty.  The department may for good cause extend the period within which anappeal may be filed to thirty days.  Written notice of a hearing of an appealshall be sent by first class, nonregistered, noncertified mail to theclaimant's or party's last known address.

(b)  The appeal under subsection (a) shall beheard in the county in which the appeal is filed, except that the departmentmay by its rules provide for the holding of a hearing in another county withthe consent of all parties or where necessary in order that a fair andimpartial hearing may be had, and may provide for the taking of depositions.  Unlessthe appeal is withdrawn with the permission of the referee, the referee afteraffording the parties reasonable opportunity for a fair hearing shall makefindings and conclusions and on the basis thereof affirm, modify, or reversesuch determination or redetermination.  The parties to any appeal shall bepromptly notified of the decision of the referee and shall be furnished with acopy of the decision and the findings and conclusions in support thereof andthe decisions shall be final and shall be binding upon each party unless aproceeding for judicial review is initiated by the party pursuant to section383-41; provided that within the time provided for taking an appeal and priorto the filing of a notice of appeal, the referee may reopen the matter, uponthe application of the director or any other party, or upon the referee's ownmotion, and thereupon may take further evidence or may modify or reverse thereferee's decision, findings, or conclusions.  If the matter is reopened, thereferee shall render a further decision in the matter either reaffirming ormodifying or reversing the referee's original decision, and notice shall begiven thereof in the manner hereinbefore provided.  Upon reopening, the refereewho heard the original appeal shall reconsider the matter, except where thereferee is no longer employed as a referee or the referee disqualifies oneselffrom reconsidering the referee's decision.

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

(d)  If a claimant or party does not receivethe written notice under subsection (a), a second written notice shall be sentby certified mail, and the hearing on the appeal shall be rescheduledaccordingly. [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, c48, §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.  67H. 39, 675 P.2d 777.