§371-4 Labor and industrial relations appeals board. (a) There is created a labor and industrial relations appeals board composed of three members nominated and, by and with the advice and consent of the senate, appointed by the governor for terms of ten years each, except that the terms of members first appointed shall be for six, eight, and ten years respectively as designated by the governor at the time of appointments. The governor shall designate the chairperson of the board, who shall be an attorney at law licensed to practice in all of the courts of this State. Each member shall hold office until the member's successor is appointed and qualified. Because cumulative experience and continuity in office are essential to the proper handling of appeals under workers' compensation law and other labor laws, it is hereby declared to be in the public interest to continue board members in office as long as efficiency is demonstrated. The members shall devote full time to their duties as members of the board. Effective July 1, 2005, the chairperson of the board shall be paid a salary set at eighty-seven per cent of the salary of the director of labor and industrial relations, and the salary of each of the other members shall be ninety-five per cent of the chairperson's salary.

(b) The board shall have power to decide appeals from decisions and orders of the director of labor and industrial relations issued under the workers' compensation law and any other law for which an appeal to the board is provided by law.

(c) For purposes of appeals to the board conducted pursuant to chapter 91, notwithstanding section 91-9.5, all parties shall be given written notice of hearing by first class mail at least fifteen days before the hearing.

(d) Unless otherwise provided by law, if service by first class mail is not made because the board or its agents have been unable to ascertain the address of the party after reasonable and diligent inquiry, the notice of hearing may be given to the party by online posting on the board's webpage or by publication at least once in each of two successive weeks in a newspaper of general circulation. The online posting or last published notice shall appear at least fifteen days prior to the date of the hearing. The online posting shall be removed from the webpage no less than five business days after the date of the hearing.

(e) A decision concurred in by any two members shall constitute a decision of the board.

(f) A vacancy in the board, if there remain two members of it, shall not impair the authority of two members to act.

(g) If any member of the board is unable to act because of absence, temporary disability, or disqualification, the governor may make a temporary appointment and the appointee shall have all the powers and duties of a regular member of the board.

(h) The chairperson of the appeal board shall be responsible for the administrative functions of the appeal board. The appeal board may:

(1) Appoint an executive officer and hearings officer, and employ other employees as it deems necessary in the performance of its functions;

(2) Set the duties and compensation of the executive officer, hearings officer, and employees; and

(3) Provide for the reimbursement of actual and necessary expenses incurred by the executive officer, hearings officer, and employees in the performance of their duties, within the amounts made available by appropriations therefor.

Members of the appeal board and employees other than clerical and stenographic employees shall be exempt from chapters 76 and 89. Clerical and stenographic employees shall be employed in accordance with chapter 76.

(i) The board shall be within the department of labor and industrial relations for budgetary and administrative purposes only.

(j) The board may adopt rules within its area of responsibilities in accordance with chapter 91.

(k) The board may make or issue any order or take other appropriate steps as may be necessary to enforce its rules and orders and to carry into full effect the powers and duties given to it by law. The board may after notice and reasonable opportunity to be heard by the board:

(1) Impose administrative sanctions; and

(2) Impose monetary sanctions of not more than $250 for each offense against any person who is found to have violated the board's rules or orders, which amounts shall be deposited into the special compensation fund created by section 386-151.

The board shall determine and direct the appropriate notice and form for such opportunity to be heard. [L 1939, c 237, pt of §1(7); RL 1945, §4109; RL 1955, §88-10; am L Sp 1959 2d, c 1, §5; HRS §371-4; am L 1969, c 244, §1a; am L 1975, c 5, §1, c 41, §1, and c 58, §18; am L 1982, c 129, §15; gen ch 1985; am L 1986, c 128, §14; am L 1989, c 329, §12; am L 1990, c 140, §7; gen ch 1993; am L 1994, c 92, §2; am L 2000, c 253, §150; am L 2002, c 148, §41; am L 2005, c 226, §12; am L 2009, c 3, §2; am L 2012, c 261, §1; am L 2013, c 14, §1; am L 2015, c 4, §1]

Cross References

Boards, generally, see §26-34.

Attorney General Opinions

Member holding over will be a de jure, not merely a de facto, officer. Att. Gen. Op. 73-7.

Neither the disability compensation division (DCD) nor the labor and industrial relations appeals board (LIRAB) is an "entity" for purposes of chapter 323C when it reviews, evaluates, and decides on claims for workers' compensation; some provisions of chapter 323C apply to each in its adjudicatory capacity because the DCD and the LIRAB receive protected health information when they process workers' compensation claims. Att. Gen. Op. 2000-2.

Subsection (a) is constitutional, with regard to the use of the phrase "appointed and qualified" to describe when a successor's appointment terminates a holdover member's position. Att. Gen. Op. 16-3.

Case Notes

Board is an agency within meaning of §91-1. 54 H. 479, 510 P.2d 89 (1973).

Where the labor and industrial relations appeals board (board) had less drastic sanctions at its disposal if it determined sanctions were needed to enforce its rules, the board abused its discretion when it dismissed workers' compensation appeal for lack of subject matter jurisdiction based upon the appellants' filing of an unsigned notice of appeal. 134 H. 103 (App.), 332 P.3d 705 (2014).