HAR §12-5-3. Excluded service

(a) Services shall be deemed to be excluded under section 383-7, Hawaii Revised Statutes, where it is shown to the satisfaction of the department that the conditions for the exclusions have been met. Employers shall provide relevant records, reports, or documents to the department to support application of the exclusion. (b) As used in section 383-7(2), the term "domestic service" refers to services ordinarily and customarily performed as an integral part of household or private home duties, including, but not limited to, services performed by cooks, waiters, housekeepers, maids, babysitters, janitors, laundresses, caretakers, handypersons, gardeners, and chauffeurs for family use. (c) As used in section 383-7(3), Hawaii Revised Statutes, the phrase "service not in the course of the employing unit's trade or business" refers to service which does not in any way: (1) Promote or advance the trade or business of the employing unit; or (2) Contribute to the preservation, maintenance, or operation of its business, business premises or business property. (d) As used in section 383-7(9)(B), Hawaii Revised Statutes, the phrase "is enrolled and regularly attending classes" includes an individual who is: (1) Enrolled and attending formally structured classes on a full-time or part-time basis; or (2) Enrolled in independent study courses and attending required occasional formal or informal meetings between the individual and instructor to discuss the individual's progress and direction, including, but not limited to, masters or doctoral degree candidates. The exclusion applies to individuals who are essentially students in an ongoing intellectual endeavor and for whom work is incidental to the individual's primary educational development and academic aspirations. (e) Section 383-7(9)(C), Hawaii Revised Statutes, applies to an individual who is a full- time student, regardless of age, in a work-study program. The work-study programs can be at or below university level and must be integrated into the regular school curriculum and form a part of the full-time education program. (f) As used in section 383-7(18), Hawaii Revised Statutes, the term "travel agency" shall be limited to any business entity organized to act as an intermediary between a person seeking to provide travel services and a person seeking to purchase travel services. "Travel services" include transportation by air, sea, rail; ground transportation; hotel accommodations; package tours; or specialized air, land or sea tour excursions and activities, whether offered on a wholesale or retail basis. (g) As used in section 383-7(20), Hawaii Revised Statutes, the term "family-owned" refers to ownership by members of a family related to each other by blood, marriage, or legal adoption." [Eff. 10/12/00] (Auth: HRS '383-92) (Imp: HRS '383-7) '12-5-4 (Reserved)