ยง383-39 - Procedure.
ยง383-39ย Procedure.ย The representativesof the department of labor and industrial relations authorized to makedeterminations upon claims and the referee shall not be bound by common law orstatutory rules of evidence or by technical rules of procedure, but any hearingor appeal before the same shall be conducted in such manner as to ascertain thesubstantial rights of the parties.ย The director of labor and industrialrelations shall adopt reasonable regulations governing the manner of filingappeals and the conduct of hearings and appeals, consistent with this chapterand chapter 91.ย When the same or substantially similar evidence is relevantand material to the matters in issue in claims by more than one individual orin claims by a single individual with respect to two or more weeks ofunemployment, the same time and place for considering each such claim may befixed, hearings thereon jointly conducted, a single record of the proceedingsmade, and evidence introduced with respect to one proceeding considered asintroduced in the others; provided that in the judgment of the representativeor referee having jurisdiction of the proceeding, such consolidation would notbe prejudicial to any party.ย No person shall participate on behalf of thedepartment in any case in which the person has a direct or indirect interest.ย A record shall be kept of all testimony and proceedings in connection with anappeal, but the testimony need not be transcribed unless further review isinitiated.ย Witnesses subpoenaed pursuant to this section shall be allowed feesat a rate fixed by the department and fees of witnesses subpoenaed on behalf ofthe department or any claimant shall be deemed part of the expense ofadministering the chapter. [L 1939, c 219, ยง6(d), (f); am L 1941, c 304, ยง1, ptof subs 18; RL 1945, ยง4240; RL 1955, ยง93-38; am L Sp 1959 2d, c 1, ยง27; am L1965, c 96, ยง70; HRS ยง383-39; gen ch 1985]