[§392-79]  Reconsideration.  (a)  At anytime within one year from the date of a final decision with respect to wagesupon which benefits are computed, the director on the director's own motion mayreopen the decision if the director finds that wages of the claimant pertinentto the decision but not considered in connection therewith have been newlydiscovered or that benefits have been allowed or denied or the amount ofbenefits have been fixed on the basis of a nondisclosure or misrepresentationof a material fact.

(b)  At any time within two years from the endof any week with respect to which a final decision allowing or denying benefitshas been made, the director on the director's own motion may reopen thedecision if the director finds that the benefits were allowed or denied as aresult of nondisclosure or misrepresentation of a material fact.

(c)  At any time within one year from the endof any week with respect to which a final decision allowing or denying benefitshas been made, the director on the director's own motion may reopen thedecision if the director finds that an overpayment, due to reasons other thanfraud, has occurred.

(d)  In any case in which the director isauthorized by this section to reopen any final decision rendered by a refereeor court, the director may petition the referee or court to issue a reviseddecision. [L 1969, c 148, pt of §1; gen ch 1985]

 

Rules of Court

 

  Applicability of Hawaii Rules of Civil Procedure, see HRCPrule 81(b)(12).