(a) In accordance with section department, director” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>383-91(b), the director of labor and industrial relations shall appoint one or more referees.
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Terms Used In Hawaii Revised Statutes 383-98

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 383-1
  • Director: means the director of labor and industrial relations of the State. See Hawaii Revised Statutes 383-1
  • Employment: includes , but is not limited to, any service performed prior to January 1, 1978, which was employment as defined in this section prior to such date and, subject to the other provisions of this section, service performed after December 31, 1977, by an employee as defined in section 3306(i) and (o) of the federal Unemployment Tax Act, including service in interstate commerce. See Hawaii Revised Statutes 383-2
  • Fund: means the unemployment compensation fund established by this chapter. See Hawaii Revised Statutes 383-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Referee: means the referee for unemployment compensation appeals. See Hawaii Revised Statutes 383-1
(b) Subject to §§ 383-125 and 383-126, each referee shall receive a salary as fixed by law, and shall also be paid such reasonable traveling and other expenses as may be incurred in the discharge of the referee’s duties, such salary and expenses to be paid out of the employment security administration fund.
(c) Section 601-7 relating to disqualification of judges shall be equally applicable to each referee and any substitute referee.
(d) In accordance with section 383-91(b), the director may appoint one or more substitute referees to serve[:]

(1) During any temporary absence of a referee from the referee’s duties;
(2) In the event a referee is disqualified to hear any appeal;
(3) In the event of vacancy in the office of referee; or
(4) If, for any reason, the director finds that the services of substitute referees are necessary for prompt and expeditious handling of appeals.

Any substitute referee, while so serving, shall have all the powers and duties of a referee and shall receive compensation for the substitute referee’s services at the daily rate provided at step G of the salary range of full-time referees under the classified service for each day’s actual attendance upon the substitute referee’s duties and shall also be paid such reasonable traveling and other expenses as may be incurred in the discharge of the substitute referee’s duties, the compensation and expenses to be paid out of the employment security administration fund. Substitute referees shall not be entitled to longevity step increases. In case any appeal shall be referred to a substitute referee for hearing, the substitute referee shall retain jurisdiction of the appeal so referred to the substitute referee, notwithstanding that the regular referee may become available, unless the reference of the appeal to the substitute referee shall be revoked by the director. The final decisions of a referee and the principles of law declared by the referee in arriving at such decisions, unless expressly or impliedly overruled by a later decision of a court of competent jurisdiction or of a referee, shall be binding upon any substitute referee in proceedings which involve similar questions of law.

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