Haw. Code R. § 12-51-18 - Employee contests of correction period
(a) Any employee or
their designated representative may file a written notice of contest of the
initial correction period stated in a citation or order with the director
alleging that the period of time fixed for correction is unreasonable, provided
the notice is postmarked or if not mailed, received by the director within
twenty calendar days after the citation or order has been posted. If not
mailed, the date of receipt by the director shall be the date stamped on the
contest by the director.
(b) Any
employee or their designated representative may file a written notice of
contest to an employer's petition for modification of the correction date or
request an informal conference under section 12-51-21. However, failure to file
this notice of contest which must be postmarked or if not mailed, received by
the director within ten calendar days of the date of posting of the petition or
of service upon a designated representative shall constitute a waiver of any
further right to object to the petition. If not mailed, the date of receipt by
the director shall be the date stamped on the contest by the
director.
(c) The director shall
advise the appeals board of a notice of contest upon receipt of any notice of
contest.
(d) The appeals board
shall afford an opportunity for a hearing on any notice of contest. The
affected employees or their designated representatives shall be provided an
opportunity to participate as parties to hearings on notices of
contest.
(e) At any hearing on a
notice of contest of an employer petition for a modification of the correction
period, the employer shall have the burden of proving the requirements for a
petition in section 12-51-17(a).
Notes
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