ยง383-39 - Procedure.
ยง383-39ย Procedure.ย The representatives
of the department of labor and industrial relations authorized to make
determinations upon claims and the referee shall not be bound by common law or
statutory rules of evidence or by technical rules of procedure, but any hearing
or appeal before the same shall be conducted in such manner as to ascertain the
substantial rights of the parties.ย The director of labor and industrial
relations shall adopt reasonable regulations governing the manner of filing
appeals and the conduct of hearings and appeals, consistent with this chapter
and chapter 91.ย When the same or substantially similar evidence is relevant
and material to the matters in issue in claims by more than one individual or
in claims by a single individual with respect to two or more weeks of
unemployment, the same time and place for considering each such claim may be
fixed, hearings thereon jointly conducted, a single record of the proceedings
made, and evidence introduced with respect to one proceeding considered as
introduced in the others; provided that in the judgment of the representative
or referee having jurisdiction of the proceeding, such consolidation would not
be prejudicial to any party.ย No person shall participate on behalf of the
department 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 an
appeal, but the testimony need not be transcribed unless further review is
initiated.ย Witnesses subpoenaed pursuant to this section shall be allowed fees
at a rate fixed by the department and fees of witnesses subpoenaed on behalf of
the department or any claimant shall be deemed part of the expense of
administering the chapter. [L 1939, c 219, ยง6(d), (f); am L 1941, c 304, ยง1, pt
of subs 18; RL 1945, ยง4240; RL 1955, ยง93-38; am L Sp 1959 2d, c 1, ยง27; am L
1965, c 96, ยง70; HRS ยง383-39; gen ch 1985]