Department of Public Safety
us-hi-regs-official-ab8d9ee4a13771dbb20a0c4249b46910f617d9d808c68a40cf13a9b20edd18c9Department of Public SafetyRegulation
§23-600-2 HAWAII ADMINISTRATIVE RULES TITLE 23 DEPARTMENT OF PUBLIC SAFETY SUBTITLE 4 CRIMINAL INJURIES COMPENSATION COMMISSION CHAPTER 600 ADMINISTRATIVE PROVISIONS §23-600-1 Definitions §23-600-2 The commission ,, Historical Note: Chapter 23-600, Hawaii Administrative Rules, is based substantially upon chapter 17-100, Hawaii Administrative Rules. (Eff 8/10/81; R SEP 031994 ] §23-600-1 Definitions. As used in these rules unless the context requires otherwise: "Administrator" means the executive secretary of the criminal injuries compensation commission. "Chairperson" means the chairperson of the criminal injuries compensation commission. "Commission" means the criminal injuries compensation commission. "Presiding Officer" means the chairperson or a designated representative. [Eff EP03 1994 J (Auth: HRS §351-68) (Imp: HRS §351-2) §23-600-2 The commission. (a) The principal office of the commission is at the Old Federal Building, Honolulu, Hawaii. All communications to the commission shall be addressed to the Criminal Injuries compensation Commission, State of Hawaii, 335 Merchant Street, Room 244, Honolulu, Hawaii, unless otherwise specifically directed. (b) The offices of the commission shall be open from 7:45 a.m. to 4:30 p.m. of each day of the week 600-1
§23-600-2 except Saturdays, Sundays, and holidays unless otherwise provided by statute or executive order. (c) The commission meets and exercises its powers in any part of the State of Hawaii. All meetings of the commission shall be open to the public except that: • (1) The commission may determine that a private meeting is necessary in particular cases involving pending criminal actions or the interests of the victim; and (2) The commission may meet in executive session, from which ·the public may be excluded, by a recorded number of votes of the members of the commission necessary to validate acts as provided in subsection (d). No order, rule, ruling contract, appointment, or decision shall be finally acted upon at such private meetings or executive session. • (d) Any two members shall constitute a quorum to transact business. An action needs two votes before it can be validated. [Eff SEP O3 1994 l (Auth: HRS §351-68) (Imp: HRS §§80-1, 92-4, 92-5, 351-13) 600-2 1 783
§23-601-3 HAWAII ADMINISTRATIVE RULES TITLE 23 . DEPARTMENT OF PUBLIC SAFETY SUBTITLE 4 CRIMINAL INJURIES COMPENSATION COMMISSION CHAPTER 601 COMMISSION RECORDS §23-601-1 Records S23-601-2 Reproduction of records §23-601-3 Confidential information Historical Note: Chapter 23-601, Hawaii Administrative Rules, is based substantially upon chapter 17-101, Hawaii Administrative Rules. [Eff 8/10/81; R SEP 03 1994 ] §23-601-1 Records. Unless entitled to confidential treatment pursuant to section 23-601-3, state or federal law, commission records, such as rules, regulations, opinions, orders, and meeting minutes shall be made available for inspection to the public during established office hours. [Eff 0 3 1994 ) (Auth: HRS §351-68) (Imp: HRS §92-50) §23-601-2 Reproduction of records. Except as otherwise provided in this chapter, records printed or reproduced by the commission shall be given to any person requesting the same upon payment of any fees established by the commission or by law. [Eff SEP1'"'; 3 1994 J (Auth: HRS §351-68) (Imp: HRS S92-21) 0 1994 §23-601-3 Confidential information. Disclosure of information relating to the psychiatric, medical, 601-1 1 783
§23-601-3 personal history, and law enforcement or -criminal investigative reports will ·not be permitted unless required by court order with jurisdiction in a case arising from an application filed with the commission or otherwise provided by state or federal statute. [Eff SEP O3 1994 ] (Auth: HRS §351-68) (Imp: HRS §92F-22) 601-2 1 783
§23-602-1 HAWAII ADMINISTRATIVE RULES TITLE 23 DEPARTMENT OF PUBLIC SAFETY SUBTITLE 4 CRIMINAL INJURIES COMPENSATION COMMISSION CHAPTER 602 RULEMAKING PROCEEDINGS §23-602-1 Notice of proposed rulemaking §23-602-2 Emergency rulemaking §23-602-3 Petitions for adoption, amendment, or repeal of rules §23-602-4 Special proceedings Historical Note: Chapter 23-602, Hawaii Administrative Rules, is based substantially upon chapter 17-102, Hawaii AdministrativeRules. [Eff 8/10/81; R §23-602-1 Notice of proposed rulemaking. (a) When upon its own motion, the commission proposes to adopt, amend, or repeal a rule, a notice of proposed rulemaking shall be published at least once in a newspaper of general circulat.ion in the State. All such notices shall be issued at least thirty days prior to the date of hearing. In addition, a notice shall be placed in a newspaper of general circulation in each county; provided that such notice need not comply with the above thirty day requirement. (b) Notice of proposed adoption, amendment, or repeal of a rule shall include: (1) The date, time, and place where the public hearing will be held and where interested persons may be heard on the proposed rule adoption, amendment, or repeal; (2) Reference to the authority under which the adoption, amendment, or repeal of a rule is proposed; 602-1
§23-602-1
(3) A statement of the substance of the proposed
rulemaking; and
(4) A docket number specifically assigned to
rulemaking hearing.
(c) In any rulemaking proceeding where the
commission deems it warranted, a further notice of
proposed rulemaking shall be issued by publication in a
newspaperof.general circulation in the State. [Eff
SEP03 1994 ] {Auth: HRS S351-68) {Imp: HRS
§§91-3, 92-41)
§23-602-2 Emergency rulemaking. Notwithstanding
the chapter 23-601, if the commission finds that an
imminent peril to public health, safety, or morals
requires adoption, amendment, or repeal of a rule upon
less than thirty days' notice of hearing, and states in
writing the reason for such finding, it may proceed
without prior notice of hearing or upon such
abbreviated notice and hearing as it finds practicable
to adopt not longer than one hundred twenty days
without renewal. [Eff SEP03 '94 ] (Auth: HRS
§351-68) (Imp: HRS §91-3)
§23-602-3 Petitions for adoption, amendment, or
repeal of rules. (a) Any interested person or any
agency of the State or county government may petition
the commission for the adoption, amendment, or repeal
of any rule.
(b) Petitions for rulemaking shall:
(1) Set forth the text of any proposed rule or
amendment desired or specify the rule the
repeal of which is desired;
(2) state concisely the nature of the
petitioner's interest in the subject matter;
(3) Set forth the reasons for seeking the
adoption, amendment, or repeal of the rule;
and
(4) Include any acts, opinions, arguments, and
data deemed relevant by petitioner.
(c) The commission may require the petitioner to
give copies to persons or governmental agencies known
to be interested in the proposed rulemaking. No
request for the adoption, amendment, or repeal of a
rule which does not conform to the above requirements
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§23-602-4
will be considered by the commission.
(d) Petitions for rulemaking shall become matters
of public record upon filing with the commission. The
com.mission shall within thirty days following the
filing of the pe_tition either deny the petition in
writing or initiate public rulemaking procedures. No
public hearing, oral argument, or other form of
proceedings need be held directly on any such
proceeding, but if the commission determines that the
petition discloses sufficient reasons in support of the
relief requested to justify the institution of public
rulemaking proceedings, the procedures to be followed
shall be as set forth in this section. Where the
commission determines that the petition does not
disclose sufficient reasons to· justify the institution
of public rulemaking procedures, or where the petition
for rulemaking fails in any material respect to comply
with the requirements of these rules, the petitioner
will be so notified together with the grounds for such
denial. This section shall not operate to prevent the
commission, on its own motion, from acting on any
matter disclosed in any petition. [Eff SEP O31994 )
(Auth: HRS §351-68) (Imp: HRS §91-6) .
§23-602-4 Special proceedings. (a) On petition
of an interested person, the commission may issue a
declaratory order as to the applicability of any
statutory provision or of any rule or order of the
com.mission. Petitions for the issuance thereof shall:
{l) state clearly and concisely the controversy
or uncertainty;
(2) Cite the statutory authority involved; and
(3) Include a complete statement of the facts and
the reasons or ground prompting the petition,
together with full disclosure of petitioner's
interest.
(b) The commission, upon receipt of the
petition, may require the petitioner to file additional
data or a memorandum of legal authorities in support of
the position taken by the petitioner.
(c) The commission may, without notice of
hearing, dismiss a petition for declaratory ruling
which fails in any material respect to comply with the
requirements of chapter 23-602.
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§23-602-4 (d) Although in the usual course of disposition of a petition for a declaratory ruling no formal hearing need be held, any petitioner or party in interest who desires a hearing on a petition for declaratory ruling shall set forth in detail in their request the reasons why a hearing is necessary for the fair and expeditious disposition of the petition. In the event a hearing is ordered by the commission, section 91-3, Hawaii Revised Statutes, shall govern the proceedings. (e) Notwithstanding the other provisions of this chapter, the commission may, on its own motion or upon request, both without notice or hearing, issue a declaratory order to terminate a controversy or to remove uncertainty. [Eff SEP O3 1994 ] (Auth: HRS §351-68) (Imp: §§91-8, 91-9) 602-4 • ' 1 783
§23-603-2 HAWAII ADMINISTRATIVE RULES TITLE 23 DEPARTMENT OF PUBLIC SAFETY SUBTITLE 4 CRIMINAL INJURIES COMPENSATION COMMISSION • CHAPTER 603 CONDUCT OF CONTESTED CASE HEARING §23-603-1 Public hearing •• §23-603-2 Presiding officet §23-603-3 Continuance of heari ing §23-603-4 Order of proceeding §23-603-5 submission of evidence §23-603-6 Oral and written presentation at hearing §23-603-7 Transcript of evidence §23-603-8 Commission action Historical Note: Chapter 23-603, Hawaii Administrative Rules, is based substantially upon chapter 17-103, Hawaii Administrative Rules. [Eff 8-10-81; R SEP 031994 ] §23-603-1 Public hearing. A public hearing shall be held as provided by law. The hearing may be closed provided by statute. [Eff to SEP as 03 1994 (Auth: HRS §351-68) (Imp: HRS §351-14) §23-603-2 Presiding officer. Each such hearing shall be presided over by the chairperson of the commission or by a designated representative. The hearing shall be conducted in such a way as to afford all interested persons a reasonable opportunity to be heard on matters relevant to the issues involved and to obtain a clear and orderly record. [Eff SEP O3 1994 ) (Auth: HRS §351-68) (Imp: §351-14) 603-1 1 7 8 3
S23-603-3 §23-603-3 Continuance of hearing. The hearing ·shall be held at the time and place set forth in the notice of hearing, but may at the time and place be continued from day to day or adjourned to a later date or to a different place without notice other than the announcement thereof at the hearing. [Eff SEP 03 1994 ] (Auth: HRS §351-68) (Imp: S91-3) §23-603-4 Order of proceeding. At the commencement of the hearing, the presiding officer shall read the pertinent portions of the notice of hearing and shall then outline briefly the procedure to be followed. Evidence shall then be received with respect to the matters specified in the notice of hearing in such order as the presiding officer shall prescribe. [Eff SEP 3 1994 03 ] (Auth: HRS §351-68) (Imp: HRS S351-14) ..,.;,1 §23-603-5 Submission of evidence. All interested persons shall be given reasonable opportunity to offer evidence with respect to the matters specified in the notice of hearing. Every witness shall, before proceeding to testify, state the witness' name, address, and whom they represent at the hearing, and shall give such other informaton respecting the witness' appearance as the presiding officer may request. The presiding officer shall confine the evidence to the matters specified in the notice of hearing but shall not apply the formal rules of • evidence. Every witness shall be subject to questioning by the commission, and the applicant shall have the right to produce evidence and to cross-examine witnesses, but cross-examination by private persons shall not be permitted unless the presiding officer expressly permits it. [Eff SEP 033 1994 ] (Auth: HRS §351-68) (Imp: HRS S351-14) §23-603-6 Oral and written presentation at hearing. All interested persons or agencies of the State or of a political subdivision of the State shall be afforded an opportunity to submit evidence or arguments which are relevant. In addition, or in lieu thereof, persons or agencies may also file with the 603-2 l 783
§23-603-8
commission within fifteen days following the close of
public hearing a written protest or other comments or
recommendation in support of or in opposition to the
proposed rulemaking. Written protest, comments,
recommendation, or replies will not be accepted unless
an original and ten copies are filed. The period for
filing written protests, comments, or recommendations
may be extended by the presiding officer for good
cause. [Eff SEP O31994 ] (Auth: HRS §351-68)
(Imp: HRS S91-3)
§23-603-7 Record of the hearing. Unless
otherwise specifically ordered by the commission or the
presiding officer, testimony given at the hearing need
not be reported verbatim. All supporting written
statements, maps, charts, tabulations, or similar data
offered in evidence at the hearing, which are deemed by
the presiding officer to be authentic and relevant,
shall be received in evidence and made part of the
record. Ten copies of the exhibit shall be submitted,
unless the presiding officer finds the furnishing of
the required number of copies impracticable and reduces
the number. [Eff SEP03 1994 J (Auth: HRS §351-
68} (Imp: HRS §351-14)
§23-603-8 Commission action. At the close of the
final public hearing, the commission shall announce the
decision or the date when its decision will be
announced. The decision shall be signed by the
chairperson or, in the chairperson's absence, by two
members of the commission. [Eff SEP 0 3 1994 J
{Auth: HRS § 351-68) (Imp: HRS S91-3) 1994
603-3
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§23-604-1 HAWAII ADMINISTRATIVE RULES TITLE 23 DEPARTMENT OF PUBLIC SAFETY SUBTITLE 4 CRIMINAL INJURIES COMPENSATION COMMISSION CHAPTER 604 CRIMINAL INJURIES COMPENSATION ACT §23-604-1 Definitions §23-604-2 Statement of nondiscrimination §23-604-3 Compensation §23-604-4 Victim claims: eligibility for compensation §23-604-5 Good samaritan claims: eligibility for compensation §23-604-6 Applications and other documents §23-604-7 Delegation to administrator ~ §23-604-8 Medical examination §23-604-9 Notice; hearings §23-604-10 Computation of time §23-604-11 Order of award §23-604-12 Medical expenses §23-604-13 Funeral expenses §23-604-14 Lost earnings §23-604-15 Pecuniary loss §23-604-16 Reduction or denial of awards §23-604-17 Reconsideration by commission; judicial review Historical Note: Chapter 23-604, Hawaii Administrative Rules, is based substantially upon Chapter 17-104, Hawaii Administrative Rules. [Eff 8/10/81; R SEP O03 1994 ] §23-604-1 Definitions, As used in this chapter: "Child" means an unmarried person who is under eighteen years of age and includes a step-child or an adopted child. "Dependents" means such relatives of a deceased 604-1
S34-604-1 victim who were wholly or partially dependent upon the v.ictim's income at the time of victim's death or would have been so dependent but for the incapacity due to the injury from which the death resulted and shall include the child of such victim born after victim's death. "Designated person" means a person who made payments for funeral, burial, and medical expenses on behalf of a victim. "Good cause" means that an applicant must show by credible evidence that a mental, physical, or legal impairment, or an actual or reasonably perceived fear, or threat, or coercion actually prevented the filing of an application within the required period. Good cause may not be established by ignorance of the law, incarceration, or negligent failure to ascertain the facts giving rise to a claim. "Good samaritan claim" means a claim brought pursuant to section 351-51, Hawaii Revised Statutes. "Incurred expenses" means any expenditure in cash or in kind. "Injury" means actual bodily harm, arid includes pregnancy resulting from a criminal sexual assault and mental or nervous shock and "injured" has a : corresponding meaning. "Minor" shall have the same definition as child. "Private citizen" means any natural person other than a peace officer actively engaged in the performance of official duties whether off or on duty. "Relative" means a victim's spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half brother, half sister, or spouse's parents. "Resident" means a person who maintains a permanent abode in this State. "Responsible person" means a person who has the legal responsibility to maintain or support the victim. "Substantial enrichment" means economic gain that would benefit the offender. It does not mean minimal or inconsequential benefits. "Victim" means a person who is injured, or killed by any act or omission of any other person coming within the criminal jurisdiction of the State and includes a resident of this state who is injured or killed in another state which does not have a crime victim compensation program, but does not include a 604-2
§23-604-4 peace officer who is actively engaged in the performance of official duties whether on or off duty. , "Victim claims" means claims brought pursuant to section 351-32, Hawaii Revised Statutes. [Eff SEP O3 1994 ] (Auth: HRS §351-68) (Imp: HRS §351-2} • §23-604-2 Statement of nondiscrimination. It is the policy of the department of public safety, criminal injuries compensation commission that no person shall, on the grounds of race, color, religion, sex, national origin, age, handicap, sexual orientation or marital status be excluded from participation in be subjected to discrimination when making their claim for compensation. [Eff SEP 03 1994 ] (Auth: HRS §351- 68} (Imp: HRS §351-68} ,.,,.;,, §23-604-3 Compensation. The payment of any claim brought under section 351, Hawaii Revised Statutes, shall be at the discretion of the commission and shall not exceed $10,000 per occurrence. Payment of compensation to the dependents of the deceased victim shall not, in the aggregate, exceed $10,000. Compensation will only be paid for those types of losses and injuries recognized by statute. [Eff SEP03 1994 ] (Auth: HRS §351-68} (Imp: HRS §§351-51, 351-62) §23-604-4 Victim claims: eligibility for compensation. (a) Compensation may be paid to those persons identified in subsection (b) when any private citizen is injured or killed by an act or omission of any person coming within the criminal jurisdiction of this State or when the resident of this State is injured or killed in a state without a crime compensation law or victims of Federal crimes occurring within the State. (b) The following persons are eligible to apply for compensation for loss or injury resulting from the commission of a covered crime: (1) Any victim, or if the victim is a child or incompetent, a parent or authorized guardian of the child or incompetent or such other person authorized to administer the estate 604-3 I 78 3
1 't 8 3 S23-604-4 (2) Any person financially responsible for the maintenance of the victim who has suffered pecuniary loss or incurred expenses as a result of the victim's injury or death; (3) In the event of death of the victim, any one or more of the dependents of the deceased victim; and (4) A parent of an adult deceased victim or an adult son or daughter of. a deceased victim, where the parent or adult son or daughter has incurred expenses as a result of the victim's death. (c) Covered crimes are crimes for which compensation will be paid in accordance with section 351-32, Hawaii Revised Statutes. (d) The applicant who makes a claim on behalf of dependents must have legal custody of the dependents or be otherwise legally authorized to act on the dependent's behalf. The commission may require proof of such authority. (e) An order for compensation may be made whether or not any person is prosecuted for or convicted of a crime as set forth in section 351-32, Hawaii.Revised statutes, provided that an arrest has been made or the crime has been reported to the police without undue delay.(f) Compensation may be awarded for: ( 1) Medical expenses; (2) Loss of support or earnings; (3) Attorneys fees; (4) Funeral and burial expenses and (5) Pain and suffering. [Eff SSEP O3 1994 . ) (Auth: HRS §351-68) (Imp: HRS §351-38) §23-604-5 Good sarnaritan claims: eligibility for compensation. (a) Compensation may be paid to those persons identified in subsection (b) when any private citizen has incurred injury or property damage while assisting or preventing the commission of a crime within the state, while apprehending a person who has committed a crime within the State, or while materially assisting a peace officer who is engaged in the prevention or attempted prevention of such a crime or the apprehension or attempted apprehension of such person. 604-4
§23-604-6 (b) Claims may be made by a private citizen, or, if, incompetent, or a child, by the private citizen's parent or legal guardian or by any person responsible for the maintenance of the private citizen who has suffered pecuniary loss or incurred expenses as a result of the private citizen's injury. (c) Compensation may be awarded for: (1) Expenses actually and reasonably incurred as a result of the injury; (2) Pain and suffering; (3) Lost earnings; and (4) Pecuniary loss resulting directly from damage property. (Eff SEP 03 1994 (Auth: HRS §351-68) (Imp: HRS S351-31) §23-604-6 Applications and other documents. (a} Any eligible person who seeks compensation under this chapter shall file a written application on an official application form with the commission. The application may be sent by mail or hand-carried to the commission office. The postmark date shall be deemed to be the date of filing. (b) The commission may require statements of the facts surrounding the claim and may require a certification of all supporting statements. The statements may include, among other things, information regarding recovery from other sources, amount of expenses incurred and dates of hospitalization or medical treatment. (c) All applications for compensation shall be made within eighteen months after the date of injury, death or property damage. Upon a showing of good cause, the commission may consider applications beyond this time period. To establish "good cause" for the failure to timely file an application, an applicant must show by credible evidence that a mental, physical, or legal impairment, or actual or perceived fear, or threat, or coercion actually prevented filing within the required period. Good cause may not be established by ignorance of the law, incarceration, or negligent failure to ascertain the facts giving rise to a claim. Good cause applies to all claims for injuries or damages incurred after June 7, 1989, provided the commission may consider good cause for claims involving 604-5 1 78 3
§23-604-6
injuries resulting from sexual assault or sexual abuse
suffered prior to June 7, 1989, if the victim was a
minor at the time of the sexual assault or sexual
abuse.{d) All applications and other documents must be
typewritten, or legibly printed and signed in ink by
the party submitting the same. The signature of the
person signing the document or application constitutes
a certification that the person read the document, and
that to the best of the person's knowledge,
information, and belief every statement contained in
the document is true and no such statements are
misleading.
{e) The commission may disregard any application
or document which does not substantially conform with
applicable rules as to required .. content and form, or is
otherwise insufficient. If permitted, any amendment
shall be effective as of the date of the original
filing. [Eff SEP Q3 1994 ] (Auth: HRS §351-68)
(Imp: HRS S351-68)
§23-604-7 Delegation to administrator. {a} The
commission may assign cases to the administrator for
determination of eligibility and any order for
compensation if:
(1) The case can be adjudicated appropriately on
the basis of available records and documents; and
(2) The applicant has waived a hearing before the
commission and elects to proceed before the
Administrator.
(b) If the applicant fails to make an election
within 21 days of the mailing of an election form, the
decision will be rendered by the Administrator.
[ Ef f SEP O3 1994 ) (Auth: HRS 351-68) (Imp:
HRS S351-68)
§23-604-8 Medical examination. The commission
may require a medical examination by an impartial
licensed physician who shall make a report to the
commission. The fees for such examination shall be
paid by the commission. The commission may request a
treatment plan from an attending service provider to
determine appropriateness of the treatment, the
connection of the treatment to the crime and portion
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§23-604-9 for which the commission will be responsible for. The treatment plan will include, but not be limited to, information concerning the beginning date of treatment, the anticipated or actual date of termination, initial diagnosis, measurable treatment goals, and information on any pre-existing condition. If any pre-existing condition exists, the service provider shall provide information on the percentage of treatment and costs that are directly related to the incident. The commission may approve treatment plans that are in duration of less than six months. In the event that the treatment continues beyond six months, the service provider shall submit a new treatment plan every six months for the commission's review. [Eff ]·· (Auth: HRS §351-68) (Imp: §23-604-9 Notice; hearings. (a) Not withstanding any other provision in this subtitle, with respect to all applications filed under this chapter, the commission shall conduct a hearing in accordance with this chapter and section to determine eligibility for compensation as soon as practically possible after the receipt of an application. The commission shall give written notice of the hearing to the applicant. Such written notice shall be given or mailed by first class mail to the parties not less than ten days prior to the date set for hearing on the application and shall state the date, time, and place of the hearing. The hearing may be continued from day to day or adjourned to a later date with notice. All hearings shall be open to the public, provided that the commission may determine that the hearing, or a portion thereof, be held in private if the offender has not been convicted or if it is in the interest of the victim. (b) The hearing shall be tape recorded and the tape will be retained by the commission for twelve months. (c) The hearing shall be conducted by the chairperson or a designated representative. Any two members shall constitute a quorum. Any member of the commission may administer oaths or affirmations to witnesses appearing before the commission. The commission shall have powers of subpoena, compulsory 604-7
S23-604-9
attendance of witnesses, production of documents, and
examination of witnesses. The commission may receive
in evidence any statement, document, information, or
matter that may in the opinion of the commission
contribute to its functions whether or not such
statement, document, information, or matter would be
admissible in a court of law. ( Ef f SEP O3 1994 ]
{Auth: HRS §351-68) (Imp: HRS §§351-13, 351-14)
§23-604-10 Computation of time, (a) Except for
the eighteen month period for timely filing of a claim
application, in computing any period of time, which is
prescribed or allowed by this subtitle or any
order, the first day shall be excluded and the last
included, unless the last day is a Sunday or official
state holiday, and then it shall .. also be excluded and
the last day shall be the next business day following.
(b) The time for filing an application shall be
calculated as illustrated in the following examples:
Example of timely application:
Date of receipt of application
Date of crime 1990
1989 07
01 01
01
Total time lapsed 01 06 00
Example of untimely application:
Date of receipt of application 1990 07 02
Date of crime 1989 01 01
Total time lapsed 01 06 01
[Eff SEP O31994 ] (Auth: HRS §351-68) (Imp: HRS
§351-29)
§23-604-11 Order of award. (a) Except as
otherwise provided in section 23-604-2, any order for
the payment of compensation under this section may be
made on such terms as the commission deems appropriate.
All orders for the payment of compensation shall
contain words clearly informing the person that all
awards and orders for payment are subject to
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§23-604-13 appropriation by the legislature. (b) The order of priority for payment of claims shall be as follows: (1) Medical expenses; (2) Funeral and burial expenses if permitted.by statute; (3) Lost earnings; (4) Pecuniary loss; and (5) Pain and suffering. [Eff SE\> 03 1994 ] (Auth: HRS §351-68) (Imp: HRS §351-33) S23-604-12 Medical expenses. Medical expenses are those expenses directly related to the incident which include: (1) Hospitalization; • .... (2) Home nursing care; -.,.•• (3) Plastic surgery (scar revision); (4) Air and ground ambulance service; (5) Air transportation for the victim to travel to another island for medical treatment. The victim's attending physician must certify in writing that the treatment or services are inadequate or unavailable on the victim's island or residence; (6) Prescription drugs; (7) Eyeglasses, contact lens, dentures, and prosthetics if damaged in the crime; (8) Chiropractic treatment; (9) Physical and psychological therapy; and ( 10) Replacement services if the victim is unable to perform household tasks such as yard, housekeeping, child care, and home nursing care as evidenced by a doctor's certificate of disability. (11) Out-patient physician care. (12) Other appropriate medical care. [Eff SEP 03 3 1994 ] (Auth: HRS §351-68) (Imp: HRS S351-33) S23-604-13 Funeral expenses. (a) The commission will consider all reasonable customary funeral expenses up to $3,000. Any amounts in excess of the $3,000 must be determined to be necessary expenses. Funeral and burial expenses include: 604-9 1 78 3
§23-604-13
(1) All customary mortuary costs; and
(2) All customary cemetery costs.
Examples of customary costs include funeral services,
use of facilities, flowers, vases, clothing for
deceased, transportation costs for shipment of decease_d
victim to another area for burial, and death
certificates.
(b) The expenses which are not reasonable
customary expenses and which will not be considered for
compensation include:
(1) Transportation, housing, and informing
distantly located family members of the death
of the victim or their attendance at the
funeral; or
(2) Property damage because of the death of the
victim. [Eff SEP O31994 ] (Auth: HRS
§351-68) {Imp: HRS S351-33)
§23-604-14 Lost earnings. (a) Persons may be
compensated for lost earnings. Factors to determine
lost earnings include:
(1) Whether the person was employed at the time
of the incident;
{2) The income (including tips) after the
deductions of state, federal, and FICA taxes;
(3) Substantiation from the person's employer of
the payment or nonpayment of wages during the
period of disability;
(4) substantiation from the self-employed person
of gross income. The supporting documents
must be originals or certified copies of
originals. The documents to support a claim
will include, but are not limited to, general
excise tax returns and Schedule C income tax
returns; and
(5) The nature and period of disability, which
must be certified by a medical or mental
health service provider.
(6) If a medical certificate is not submitted,
the lost earnings will be limited to four
days.
(b) If no evidence is presented, the claim for
lost earnings will be denied. [Eff SEP O3 1994 ]
(Auth: HRS §351-68) (Imp: HRS §351-33)
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§23-604-16 §23-604-15 Pecuniary loss. The minimum award for lost support will be $1,000 per dependent. The applicant must provide evidence to establish that an award in excess of $1,000 is necessary and essential for the maintenance and well being of the child. Factors to determine dependency include: (1) Whether the person was receiving financial support and living in the same household as the victim at the time of victim's death; (2) Whether an adult child was receiving financial support due to full time·attendance in school or because of a physical or psychological disability. Proof of guardianship is required for the physical or psychologically dependent adult child; or (3) Whether the person was receiving court ordered child support or alimony. [Eff ordered child SEP 03 1994 HRS S351-33) (Auth: HRS §351-68) (Imp: ] §23-604-16 Reductions or denials of awards. (a) In determining whether an award will be reduced or denied, the following may be considered: (1) Whether an award will substantially enrich the offender; (2) Whether a person fails to utilize legal remedies (temporary restraining order, etc.); (3) Whether a person was involved in an illegal activity which was the contributing cause of his death or injury; (4) Whether a person who fails without good cause to cooperate with law enforcement officials and the prosecuting attorney in providing information that was in the knowledge or possession of the person which is related to the crime that was necessary for the apprehension or prosecution of the offender; (5) Whether a person who fails to cooperate with the commission in providing any requested information as necessary to make an award brought foward under sections 351-33 and 351- 52, Hawaii Revised Statutes; (6) Whether a person's use of provocative words or actions, just prior to his death or injury; 604-11 17 8 3
§23-604-16
(7) Whether, in vehicular crimes, an adult victim
knowingly and willingly entered a motor
vehicle of the offender whom the victim knew
or reasonably should have known to be under
the influence of drugs or alcohol or
otherwise impaired; or
(8) Any other relevant reason.
(b) Awards may be reduced or denied by the
receipt of collateral source payments such as:_
(1) Temporary disability insurance benefits;
(2) Workers' compensation insurance benefits;
(3) Unemployment insurance benefits;
(4) Employer, union, or other group death or
disability benefits/pension;
(5) No-fault insurance benefits;
(6) Proceeds from civil action;
(7) Restitution from the offender; or
(8) Medical or other insurance payments. [Eff
SEP O3 1994 ] (Auth: HRS §351-68)
(Imp: HRS §§351-33, 351-35)
§23-604-17 Reconsideration by commissicn:
judicial review. (a) The commission may, at any
time, on its own motion or in the application of any
person aggrieved, reconsider the order or decision and
revoke, confirm, or vary the order or decision, based
upon the commission's findings. The reconsideration
should include the reasons for disagreement and any new
evidence that was not available at the initial hearing.
The commission may grant or deny the reconsideration
without a hearing or may notify the person to appear at
a designated place and time for a hearing. A person
will be limited to one reconsideration which must be
received within thirty days after the service of an
original or certified copy of such order or decision.
A denial of a reconsideration shall not be subject to
further administrative review.
{b) Any person aggrieved by an order or decision
of the commission on the sole ground that the order or
decision was in excess of the commission's authority or
jurisdiction, shall have a right of appeal to the
circuit court in the circuit in which the person
resides, provided the appeal shall be filed within
thirty days after service of an original or a certified
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§23-604-17 copy of such order or decision. [ Eff SEP O3 1994 ] (Auth: HRS §351-68) (Imp: HRS §351-17} 604-13
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