Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW
Subchapter 1 - ADMINISTRATION AND ENFORCEMENT
Section 12-5-26 - Excusable failure in failing to file
Universal Citation: HI Admin Rules 12-5-26
Current through August, 2024
(a) As used in section 383-66(4), Hawaii Revised Statutes, excusable failure connected with the filing of any report is a result due to circumstances beyond the employer's control.
(b) In determining whether an employer's act constituted excusable failure, the department may consider any relevant evidence presented which relates to:
(1) The employer's reasons for the failure,
and efforts taken to avoid the failure;
(2) The employer's compliance history of
reporting; and
(3) The employer's
prior penalty waiver requests.
(c) Situations where excusable failure may be found include, but are not limited to:
(1)
Illness, injury or personal problems suffered by the employee who prepares the
reports;
(2) Abrupt termination of
an employee who prepares the reports;
(3) Destruction or loss of records due to
fire, theft, or other causes beyond the control of the employer; or
(4) Employer is in receivership or under
bankruptcy proceedings which prevent submission of a timely report.
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