HAR §12-5-89. Determinations

(a) An unemployed individual may file an application for a determination of insured status in accordance with this chapter. A claimant may withdraw an application for a determination of insured status at any time prior to the time at which a valid claim is established by the department. If a valid claim is established, the claim may still be withdrawn if benefits have not been paid, unless otherwise prohibited by federal law. Such a request shall be in writing. Upon approval of the request and if the base period employers have previously been notified that the individual has claimed benefits, the department shall mail a copy of the written approval to each employer in the base period of the individual claiming benefits to give notice of the cancellation of the claim. Any determination rendered before the claim is withdrawn shall remain in effect and shall not be voided by the withdrawal of the claim. A determination of disqualification requiring subsequent earnings to requalify the individual shall apply to the weekly benefit amount of the individual’s new claim. (b) A determination that an individual is an insured worker shall remain in effect 30 throughout the benefit year for which it is made, unless modified in accordance with section 383-40, Hawaii Revised Statutes. (c) When an insured worker files an initial claim or a continued claim certification, the department shall determine whether the worker has met the conditions of section 383-29, Hawaii Revised Statutes, and whether the worker is disqualified under section 383-30, Hawaii Revised Statutes. (d) A benefit payment shall be deemed a determination and a notice to the claimant that claimant is eligible to receive the payment for the period covered thereby. The right to reconsider the determination is reserved to the department by section 383-34, Hawaii Revised Statutes. (e) Notice of determination shall be given as follows: (1) A notice of a determination of insured status shall be promptly furnished to the claimant. The notice shall include a statement as to whether the claimant is an insured worker, the amount of wages for insured work paid to the claimant by each employer during the claimant's base period, and the employers by whom such wages were paid. For a claimant who is determined insured, the notice shall also state the claimant's benefit year, weekly benefit amount, and the maximum amount of benefits that may be paid to the claimant for the claimant's unemployment during the year. For a claimant who is determined not insured, the notice shall include the reason for the determination. (2) A notice of a determination regarding a claimant's insured status shall be given by delivery thereof or by mailing to each employer by whom the claimant was employed during the claimant's base period. The notice of determination shall include the percentage of benefits paid that will be charged or not charged in accordance with section 383-65, Hawaii Revised Statutes, based on the job separation information provided by the claimant to the department. The employer may file a request for reconsideration or an appeal of the determination notice in accordance with section 383-34 or 383-38, Hawaii Revised Statutes. (3) If the department determines pursuant to sections 383-29 and 383-30, Hawaii Revised Statutes, that a claimant is not eligible to receive waiting-week credit or benefits for any week or weeks, the department shall promptly furnish to the claimant written notice of the determination together with the reasons therefore and of the period covered by such determination. Any employing unit which employed a claimant shall be entitled to receive a written notice of a determination made pursuant to section 383-30, Hawaii Revised Statutes, only if it has been provided an opportunity to furnish information which may affect the claimant's right to waiting week credit or benefits for any week of unemployment prior to the determination of eligibility. (4) Written notice of any determination to which any party is entitled shall be given promptly by delivery in person or by mail to the party's last known address. Each notice shall include, in addition to stating the decision and reasons therefor, a notice specifying the party's right of appeal. The notice of right of appeal shall state clearly the place and manner for taking an appeal from the determination and the period within which an appeal may be taken. (5) A determination of insured status or of eligibility becomes final with respect to any interested party ten calendar days after notice is mailed or handed to the party 31 unless within that period, the party files an application for reconsideration or an appeal to the referee, except that, pursuant to section 383-34, Hawaii Revised Statutes, the department, on its own motion, may reconsider the determination within the time specified by such section. (f) Written notice of any redetermination shall be given promptly in the same manner and to the same parties as provided by this section for determination. A redetermination shall be deemed final, unless a party entitled to notice thereof files an appeal within ten calendar days, or within thirty calendar days if the referee extends for good cause the period within which an appeal may be filed, after the notice was mailed to the party's last known address or otherwise delivered to that party. (g) Upon a showing by the employer that the employer can provide information which may affect the claimant's right to waiting week credit or benefits for any week of unemployment, the employer may request an opportunity to appear in person at a pre-determination hearing to present such relevant information. Upon such a request for a hearing, the department shall inform the employer as to the date, time, and place of the hearing. A claimant shall be given an opportunity to respond to any information provided by the employer at such hearing. [Eff. 6/26/81; am 3/10/86; am 9/23/89; am 10/12/00; am 11/6/06] (Auth: HRS '383-92) (Imp: HRS ''383-29, 383-30, 383-32, 383-34, 383-36, 383-40) ''12-5-90 to 12-5-92 (Reserved)