HAR §12-12-42. Deductions greater than authorized

(a) In the event an employer withholds more than authorized by section 393-13, HRS, the employer shall: (1) Refund such excess withholdings to the employee. (2) Be subject to penalties prescribed by section 393-33, HRS. (b) If an employee is no longer employed by the employer and cannot be located, the employer shall deposit such sum in the premium supplementation fund. The employer shall provide the director with the employee's full name, social security account number, last known address, the amount due, and any other information requested by the director. The director shall endeavor to locate such employee to return such deductions. If the employee cannot be located for a period of two years from the date of deposit, the director shall cause such moneys to become a part of the premium supplementation fund. [Eff: 5/7/81] (Auth: HRS §393-32) (Imp: HRS §§393-13, 393-41)