§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[L 2004, c 202, §40 amendment repealed June 30, 2010.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 reasonably
possible in each period, shall make its classification of employers for such
period and notify each employer of the employer's rate of contributions for
such period as determined pursuant to sections 383-63 to 383-69.  The
determination shall become conclusive and binding upon the employer unless,
within fifteen days after the mailing of notice thereof to the employer's last
known address, or in the absence of mailing within fifteen days after the
delivery of the notice to the employer, the employer files an application for
review and redetermination, setting forth the employer's reasons therefor.  If
the department grants the review, the employer shall be promptly notified
thereof and shall be granted an opportunity for a fair hearing, but no employer
shall have standing, in any proceeding involving the employer's rate of
contributions or contribution liability, to contest the chargeability to the
employer's account of any benefits paid in accordance with a determination,
redetermination, or decision pursuant to sections 383-31 to 383-43; provided
that the services on the basis of which the benefits were found to be
chargeable did not constitute services performed in employment for the employer
and 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 in
which the character of the services was determined.  The employer shall be
promptly notified of the department's denial of the employer's application, or
of the department's redetermination, both of which shall become final unless a
proceeding for judicial review in the manner provided in chapter 91 is
commenced in the circuit court of the judicial circuit in which the employer
resides or has the employer's principal place of business or in the circuit
court of the first judicial circuit.  The proceedings shall be heard in a
summary 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 the
circuit court to the intermediate appellate court, subject to chapter 602. [L
1941, c 304, §1, pt of subs 21; RL 1945, §4254; RL 1955, §93-68; am L 1965, c
96, §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 of
the effective date of this Act [July 1, 2006] may be transferred to the
intermediate appellate court or retained at the supreme court as the chief
justice, in the chief justice's sole discretion, directs."