2010 Hawaii Code
DIVISION 1. GOVERNMENT
TITLE 21. LABOR AND INDUSTRIAL RELATIONS
383. Hawaii Employment Security Law
§383-39 Procedure.
§383-39 Procedure. The representatives of the department of labor and industrial relations authorized to make determinations upon claims and the referee shall not be bound by common law or statutory rules of evidence or by technical rules of procedure, but any hearing or appeal before the same shall be conducted in such manner as to ascertain the substantial rights of the parties. The director of labor and industrial relations shall adopt reasonable regulations governing the manner of filing appeals and the conduct of hearings and appeals, consistent with this chapter and chapter 91. When the same or substantially similar evidence is relevant and material to the matters in issue in claims by more than one individual or in claims by a single individual with respect to two or more weeks of unemployment, the same time and place for considering each such claim may be fixed, hearings thereon jointly conducted, a single record of the proceedings made, and evidence introduced with respect to one proceeding considered as introduced in the others; provided that in the judgment of the representative or referee having jurisdiction of the proceeding, such consolidation would not be prejudicial to any party. No person shall participate on behalf of the department in any case in which the person has a direct or indirect interest. A record shall be kept of all testimony and proceedings in connection with an appeal, but the testimony need not be transcribed unless further review is initiated. Witnesses subpoenaed pursuant to this section shall be allowed fees at a rate fixed by the department and fees of witnesses subpoenaed on behalf of the department or any claimant shall be deemed part of the expense of administering the chapter. [L 1939, c 219, §6(d), (f); am L 1941, c 304, §1, pt of subs 18; RL 1945, §4240; RL 1955, §93-38; am L Sp 1959 2d, c 1, §27; am L 1965, c 96, §70; HRS §383-39; gen ch 1985]
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