§383-41 Judicial review. The director
of labor and industrial relations or any party to the proceedings before the
referee may obtain judicial review of the decision of the referee in the manner
provided in chapter 91, by instituting proceedings in the circuit court of the
circuit in which the claimant resides or in which the claimant was last
employed. In any such court proceedings, every other party to the proceeding
before the referee shall be made a party respondent. The director shall be
deemed to be a party to any such proceeding. The proceedings shall be heard in
a summary manner and shall be given precedence over all other civil cases
except proceedings arising under the workers' compensation law of the State.
Proceedings for review by the intermediate appellate court may be taken and had
in the same manner as is provided for a review of a judgment of a circuit
court. No bond shall be required as a condition of initiating a proceeding for
judicial review or initiating proceedings for review by the intermediate appellate
court. Upon the final termination of any judicial proceeding, the referee
shall enter an order in accordance with the mandate of the court. [L 1939, c
219, §6(i); am L 1941, c 304, §1, pt of subs 18; RL 1945, §4242; RL 1955,
§93-40; am L 1965, c 96, §71; HRS §383-41; am L 1975, c 41, §1; am L 2004, c
202, §39; am L 2006, c 94, §1; am L 2010, c 109, §1]
Cross References
Judicial review, see §§91-14, 91-15.
Rules of Court
Appeal to circuit court, see HRCP rule 72; appeal to supreme
court, see Hawaii Rules of Appellate Procedure.
Case Notes
Cited: 866 F. Supp. 459 (1994); 44 H. 93, 97, 352 P.2d 856
(1960).
Notes of Decisions
Cited in
14
cases (
1 in the last 5 years), 1973–2023 · leading case:
Camara v. Agsalud, 685 P.2d 794 (Haw. 1984).
Camara v. Agsalud, 685 P.2d 794 (Haw. 1984).
· cites it 2× “An appeal was filed with the circuit court pursuant to HRS § 383-41. The circuit court reversed, stating that: [T]he hearing officer specifically found that the Appellant felt that he could safely pass the vehicle in front of him.”
Rivera v. Dep't of Labor & Indus. Relations, 60 P.3d 298 (Haw. 2002).
· cites it 4× “DISCUSSION Appeals from the decisions of the Appeals Office are authorized by HRS § 383-41. That statute provides that judicial review of a decision of the referee shall be instituted in the manner provided in HRS chapter 91.”
Agsalud v. Lee, 664 P.2d 734 (Haw. 1983).
· cites it 2× “The Director filed a timely appeal, pursuant to HRS § 383-41, from the *428 circuit court’s judgment.”
Univ. of Hawai'i v. Befitel, 100 P.3d 55 (Haw. 2004).
· cites it 2× “7 Following a determination by an appeals officer of the DLIR, the Director “or any party to the proceedings before the referee may obtain judicial review of the decision of the referee in the manner provided in chapter 91, by instituting proceedings in the circuit eourt[.”
Ainoa v. Unemployment Comp. Appeals Div., 614 P.2d 380 (Haw. 1980).
· cites it 2× “6 HRS § 383-41. 7 Although both the claims examiners’ and referees’ hearings are being challenged in this appeal, we deem it necessary to address ourselves only to the referees’ hearings, which were affirmed by the circuit court.”
Punohu v. Sunn, 666 P.2d 1133 (Haw. 1983).
“It provides: The director of labor and industrial relations or any party to the proceedings before the referee may obtain judicial review of the decision of the referee in the manner provided in chapter 91, .”
Nat'l Tire of Hawaii, Ltd. v. Kauffman, 567 P.2d 1233 (Haw. 1977).
· cites it 3× “The director of the Department is a party to this case pursuant to HRS § 383-41. We affirm. ISSUE Although appellant raises several points of error, the following issue is determinative of the case: *266 Whether there was substantial evidence in the record to sustain the finding…”
Hawaii State Teachers Ass'n v. Dep't of Labor & Indus. Relations, 546 P.2d 1 (Haw. 1976).
· cites it 2× “The claimants obtained judicial review in the circuit court as provided by HRS § 383-41. The claimants now appeal from a judgment of the circuit court affirming the referee’s determination that the claimants were not unemployed and were not entitled to unemployment benefits…”
Medeiros v. Labor & Indus. Relations, 118 P.3d 1201 (Haw. 2005).
· cites it 2× “An appeal was filed with the circuit court pursuant to HRS § 383-41. The circuit court reversed, stating that: [T]he hearing officer specifically found that the Appellant felt that he could safely pass the vehicle in front of him.”
Medeiros v. Hawai'i Dep't of Labor & Indus. Relations, 118 P.3d 1201 (Haw. 2005).
· cites it 2× “An appeal was filed with the circuit court pursuant to HRS § 383-41. The circuit court reversed, stating that: [T]he hearing officer specifically found that the Appellant felt that he could safely pass the vehicle in front of him.”
Carroll v. Maui Cnty., 866 F. Supp. 459 (D. Haw. 1994).
· cites it 2× “Haw.Rev.Stat. § 383-41 provides that decisions on unemployment benefits may be judicially reviewed by state circuit court.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.