Hawaii § 351-13 - Powers and procedures of commission.

§ 351-13. Powers and procedures of commission.

(a) Except for cases assigned to the administrator pursuant to subsection (c), upon an application for compensation under this chapter, the commission shall fix a time and place for a hearing on the application and shall cause notice thereof to be given to the applicant. The commission may hold hearings, sit and act at times and places, and take testimony as it may deem advisable. Any two members shall constitute a quorum, but the concurring vote of the two members shall be necessary to take any action. Any member may administer oaths or affirmations to witnesses appearing before the commission. The commission shall have the same powers of subpoena and compulsion of attendance of witnesses and production of documents and of examination of witnesses as a circuit court. Subpoenas shall be issued under the signature of the chairperson or by majority vote of the commission members. The circuit court of any circuit in which a subpoena is issued or served or in which the attendance or production is required, upon the application of the commission, may enforce the attendance and testimony of any witness and the production of any document so subpoenaed. Subpoena and witness fees and mileage shall be the same as in criminal cases in the circuit courts and shall be payable from funds appropriated for expenses of administration. The orders shall be signed by the chairperson or, in the absence of the chairperson, by the other two members. (b) Notwithstanding any other provision, the commission may delegate to the administrator the authority to sign any order. (c) The commission shall assign cases to the administrator for determination of eligibility and any order of compensation. (d) If the applicant is dissatisfied with the determination by the administrator, the applicant may appeal to the commission for a hearing; provided that to be considered, the written appeal shall be received by the commission within sixty days of the mailing of a certified copy of the decision and order, and the commission shall review the case as if it was not heard before and as if no decision had been previously rendered. In such an event, the commission's decision shall be final. [L 1967, c 226, pt of §1; HRS §351-13; am L 1975, c 138, §1; am L 1989, c 177, §6; am L 1992, c 260, §3; am L 1993, c 219, §1; am L 1995, c 182, §2; am L 1996, c 235, §1] Previous Vol07_Ch0346-0398 Next