§383-98  Referee.  (a)  In accordance with section 383-91(b), the director of labor and industrial relations shall appoint one or more referees.

     (b)  Subject to sections 383-125 and 383-126, each referee shall receive a salary as fixed by law, and shall also be paid such reasonable traveling and other expenses as may be incurred in the discharge of the referee's duties, such salary and expenses to be paid out of the employment security administration fund.

     (c)  Section 601-7 relating to disqualification of judges shall be equally applicable to each referee and any substitute referee.

     (d)  In accordance with section 383-91(b), the director may appoint one or more substitute referees to serve[:]

     (1)  During any temporary absence of a referee from the referee's duties;

     (2)  In the event a referee is disqualified to hear any appeal;

     (3)  In the event of vacancy in the office of referee; or

     (4)  If, for any reason, the director finds that the services of substitute referees are necessary for prompt and expeditious handling of appeals.

Any substitute referee, while so serving, shall have all the powers and duties of a referee and shall receive compensation for the substitute referee's services at the daily rate provided at step G of the salary range of full-time referees under the classified service for each day's actual attendance upon the substitute referee's duties and shall also be paid such reasonable traveling and other expenses as may be incurred in the discharge of the substitute referee's duties, the compensation and expenses to be paid out of the employment security administration fund.  Substitute referees shall not be entitled to longevity step increases.  In case any appeal shall be referred to a substitute referee for hearing, the substitute referee shall retain jurisdiction of the appeal so referred to the substitute referee, notwithstanding that the regular referee may become available, unless the reference of the appeal to the substitute referee shall be revoked by the director.  The final decisions of a referee and the principles of law declared by the referee in arriving at such decisions, unless expressly or impliedly overruled by a later decision of a court of competent jurisdiction or of a referee, shall be binding upon any substitute referee in proceedings which involve similar questions of law. [L 1941, c 304, §1, pt of subs 32; RL 1945, §4277; am L 1953, c 41, §1(11); RL 1955, §93-97; am L 1961, c 108, §1; am L 1963, c 174, §5; HRS §383-98; am L 1972, c 157, §1; am L 1976, c 126, §1; gen ch 1985]

Revision Note

  Pursuant to §23G-15, in:

  (1) Subsection (c), section "601-7" substituted for "601-16"; and

  (2) Subsection (d), (1) to (4) reformatted as paragraphs (1) to (4) and punctuation changed.

Attorney General Opinions

  The referee is not exempted from the civil service law under §76-16(8) and must be appointed pursuant thereto.  Att. Gen. Op. 61-59.