[§392-79]  Reconsideration.  (a)  At any
time within one year from the date of a final decision with respect to wages
upon which benefits are computed, the director on the director's own motion may
reopen the decision if the director finds that wages of the claimant pertinent
to the decision but not considered in connection therewith have been newly
discovered or that benefits have been allowed or denied or the amount of
benefits have been fixed on the basis of a nondisclosure or misrepresentation
of a material fact.



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



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



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



 



Rules of Court



 



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