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Hawaii Revised Statutes

Haw. Rev. Stat. § 386-72 (2026)

  Rulemaking powers

✓ current as of July 2026
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     §386-72  Rulemaking powers.  In conformity with and subject to chapter 91, the director of labor and industrial relations shall make rules, not inconsistent with this chapter, which the director deems necessary for or conducive to its proper application and enforcement. [L 1963, c 116, pt of §1; Supp, §97-71; HRS §386-72; gen ch 1985; am L Sp 2005, c 11, §§7, 14]

 

 

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1999–2023 · leading case: Capua v. Weyerhaeuser Co., 184 P.3d 191 (Haw. 2008).
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Capua v. Weyerhaeuser Co., 184 P.3d 191 (Haw. 2008). · cites it 12× “In this case, the director was authorized to promulgate rules in accordance with HRS § 386-72 (1993), which provides that "the director .”
Tamashiro v. Control Specialist, Inc., 34 P.3d 16 (Haw. 2001). · cites it 4× “[7] HRS § 386-72 (1993) authorizes the director of labor and industrial relations to make rules "which the director deems necessary for or conducive to [HRS chapter 386's] proper application and enforcement.”
Amantiad v. Odum, 977 P.2d 160 (Haw. 1999). · cites it 4× “10 Further, in order to implement HRS Chapter 386, the Director of Labor has adopted administrative rules, pursuant to HRS § 386-72 (1993). 11 The rule corresponding to HRS § 386-8 is Hawai'i Administrative Rule (HAR) § 12-10-31 (1995), which provides: Liability of third person,…”
Cabatbat v. Cnty. of Hawai'i, Dep't of Water Supply, 78 P.3d 756 (Haw. 2003). · cites it 4× “HAR § 12-10-21 is promulgated pursuant to HRS § 386-72 (1993). HRS § 386-72 authorizes the director of the department of labor and industrial relations (director) to adopt rules and provides that, “[i]n conformity with and subject to chapter 91, the [director] shall make rules,…”
Jou v. Hamada, 201 P.3d 614 (Haw. App. 2009). · cites it 3× “The Director is granted administrative responsibility and rulemaking power with respect to HRS Chapter 386 through HRS § 386-71 (1993) and HRS § 386-72 (Supp. 2007), which provide in relevant part as follows: § 386-71 Duties and powers of the director in general.”
Botelho v. Atlas Recycling Ctr., LLC. (Haw. 2020). · cites it 2× “The legislature then amended HRS § 386-72 (Supp. 2005) (repealed and reenacted 2007) to prevent all of DLIR’s 2005 rule amendments, including the amendment to HAR § 12-10-69(b), from having “the force and effect of law.”
Bimbo v. Pua Lani Landscaping Design, Inc., 528 P.3d 255 (Haw. App. 2023). · cites it 2× “Employer cites no authority for the proposition that the legislature intended that the SCF be strictly liable for apportionment of PPD benefits whenever an injured employee had a preexisting loss or impairment of a physical or mental function, or that the DLIR exceeded its…”
Berkoff v. IQ Design LLC, 528 P.3d 964 (Haw. App. 2023). · cites it 2× “Employer cites no authority for the proposition that the legislature intended that the SCF be strictly liable for apportionment of PPD benefits whenever an injured employee had a preexisting loss or impairment of a physical or mental function, or that the DLIR exceeded its…”
Irving v. Ocean House Builders, 363 P.3d 331 (Haw. App. 2015). · cites it 2× “” HRS § 386-72 (Supp.2014). As a body of an administrative agency, the LIR-AB is not bound by the Hawai'i Rules of Civil Procedure (HRCP), except to the extent that existing LIRAB rules provide.”
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