§383-69  Procedure for rate determination. [L 2004, c 202, §40 amendment repealed June 30, 2010.  L 2006, c 94, §1.] The department of labor and industrial relations, as soon as is reasonablypossible in each period, shall make its classification of employers for suchperiod and notify each employer of the employer's rate of contributions forsuch period as determined pursuant to sections 383-63 to 383-69.  Thedetermination shall become conclusive and binding upon the employer unless,within fifteen days after the mailing of notice thereof to the employer's lastknown address, or in the absence of mailing within fifteen days after thedelivery of the notice to the employer, the employer files an application forreview and redetermination, setting forth the employer's reasons therefor.  Ifthe department grants the review, the employer shall be promptly notifiedthereof and shall be granted an opportunity for a fair hearing, but no employershall have standing, in any proceeding involving the employer's rate ofcontributions or contribution liability, to contest the chargeability to theemployer's account of any benefits paid in accordance with a determination,redetermination, or decision pursuant to sections 383-31 to 383-43; providedthat the services on the basis of which the benefits were found to bechargeable did not constitute services performed in employment for the employerand only in the event that the employer was not a party to the determination,redetermination, or decision, or to any other proceedings under this chapter inwhich the character of the services was determined.  The employer shall bepromptly notified of the department's denial of the employer's application, orof the department's redetermination, both of which shall become final unless aproceeding for judicial review in the manner provided in chapter 91 iscommenced in the circuit court of the judicial circuit in which the employerresides or has the employer's principal place of business or in the circuitcourt of the first judicial circuit.  The proceedings shall be heard in asummary manner and shall be given precedence over all other civil actions,except for proceedings arising under section 383-41 and the workers'compensation law of the State.  An appeal may be taken from the decision of thecircuit court to the intermediate appellate court, subject to chapter 602. [L1941, c 304, §1, pt of subs 21; RL 1945, §4254; RL 1955, §93-68; am L 1965, c96, §72; HRS §383-69; am L 1975, c 41, §1; gen ch 1985; am L 2004, c 202, §40]

 

Note

 

  L 2004, c 202, §82 provides:

  "SECTION 82.  Appeals pending in the supreme court as ofthe effective date of this Act [July 1, 2006] may be transferred to theintermediate appellate court or retained at the supreme court as the chiefjustice, in the chief justice's sole discretion, directs."