Haw. Code R. § 12-11-26 - Reconsideration of denial of application for plan acceptance; appeal

(a) When an application for acceptance of a plan has been denied on the ground that the benefits under the plan do not meet the requirements of section 12-11-16, the applicant, within fifteen days after notice of denial has been given, may apply in writing to the director for reconsideration. In support of the employer's application for reconsideration, and as a part of the application, the applicant shall submit a memorandum of the facts on the basis of which applicant contends that the benefits provided under the plan are at least as favorable as the disability benefits under the statute.

(b) The director, or an officer or employee designated by the director for that purpose, shall reconsider the application and plan, and the director may direct that a hearing be held for the taking of evidence and for any other consideration as the proofs warrant to conform with the purpose and intent of the statute.

(c) The filing of an application for reconsideration or an appeal of the decision upon reconsideration shall not relieve the applicant, or any employer if the applicant is an association of employers or employees, of its responsibility to provide statutory benefits as required by the law pending a final decision thereon.

Notes

Haw. Code R. § 12-11-26

[Eff 5/11/81;] (Auth: HRS § 392-91) (Imp: HRS § 392-41)