§383-98  Referee.  (a)  In accordancewith section 383-91(b), the director of labor and industrial relations shallappoint one or more referees.

(b)  Subject to sections 383-125 and 383-126,each referee shall receive a salary as fixed by law, and shall also be paidsuch reasonable traveling and other expenses as may be incurred in thedischarge of the referee's duties, such salary and expenses to be paid out ofthe employment security administration fund.

(c)  Section 601-7 relating to disqualificationof judges shall be equally applicable to each referee and any substitutereferee.

(d)  In accordance with section 383-91(b), thedirector may appoint one or more substitute referees to serve (1) during anytemporary absence of a referee from the referee's duties, (2) in the event areferee is disqualified to hear any appeal, (3) in the event of vacancy in theoffice of referee, or (4) if, for any reason, the director finds that theservices of substitute referees are necessary for prompt and expeditious handlingof appeals.  Any substitute referee, while so serving, shall have all thepowers and duties of a referee and shall receive compensation for thesubstitute referee's services at the daily rate provided at step G of thesalary range of full time referees under the classified service for each day'sactual attendance upon the substitute referee's duties and shall also be paidsuch reasonable traveling and other expenses as may be incurred in thedischarge of the substitute referee's duties, the compensation and expenses tobe paid out of the employment security administration fund.  Substitutereferees shall not be entitled to longevity step increases.  In case any appealshall be referred to a substitute referee for hearing, the substitute refereeshall retain jurisdiction of the appeal so referred to the substitute referee,notwithstanding that the regular referee may become available, unless thereference of the appeal to the substitute referee shall be revoked by thedirector.  The final decisions of a referee and the principles of law declaredby the referee in arriving at such decisions, unless expressly or impliedlyoverruled by a later decision of a court of competent jurisdiction or of areferee, shall be binding upon any substitute referee in proceedings whichinvolve similar questions of law. [L 1941, c 304, §1, pt of subs 32; RL 1945,§4277; am L 1953, c 41, §1(11); RL 1955, §93-97; am L 1961, c 108, §1; am L1963, c 174, §5; HRS §383-98; am L 1972, c 157, §1; am L 1976, c 126, §1; gench 1985]

 

Revision Note

 

  Section "601-7" substituted for "601-16".

 

Attorney General Opinions

 

  The referee is not exempted from the civil service law under§76-16(8) and must be appointed pursuant thereto.  Att. Gen. Op. 61-59.