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Terms Used In Hawaii Revised Statutes 383-41

  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Director: means the director of labor and industrial relations of the State. See Hawaii Revised Statutes 383-1
  • Referee: means the referee for unemployment compensation appeals. See Hawaii Revised Statutes 383-1
  • State: includes the states of the United States, the District of Columbia, Puerto Rico, and Virgin Islands. See Hawaii Revised Statutes 383-1

The director of labor and industrial relations or any party to the proceedings before the referee may obtain judicial review of the decision of the referee in the manner provided in chapter 91, by instituting proceedings in the circuit court of the circuit in which the claimant resides or in which the claimant was last employed. In any such court proceedings, every other party to the proceeding before the referee shall be made a party respondent. The director shall be deemed to be a party to any such proceeding. The proceedings shall be heard in a summary manner and shall be given precedence over all other civil cases except proceedings arising under the workers’ compensation law of the State. Proceedings for review by the intermediate appellate court may be taken and had in the same manner as is provided for a review of a judgment of a circuit court. No bond shall be required as a condition of initiating a proceeding for judicial review or initiating proceedings for review by the intermediate appellate court. Upon the final termination of any judicial proceeding, the referee shall enter an order in accordance with the mandate of the court.