U Memo 10-6Posted on Feb 24, 2010 in Informal Opinions - UIPA Opinions
U Memo 10-6
February 24, 2010
Unemployment Insurance Benefits
OIP was asked whether the Employment Security Appeals Referees’ Office, Department of Labor and Industrial Relations (DLIR), properly denied Requester’s request under part III of the UIPA for a transcript or recording of the partial hearing on Requester’s claim for unemployment insurance benefits.
Disclosure of information obtained from an employer or employee pursuant to administration of HRS chapter 383, Hawaii Employment Security Law, is governed by HRS § 383-95(a). OIP previously addressed disclosure of an Employment Security Appeals hearing transcript in OIP Opinion Letter Number 04-18. Based upon that opinion, unless the Hearing Transcript is “necessary for the proper presentation of the claimant’s claim in any proceeding” under chapter 383 or as otherwise provided in that chapter, DLIR may withhold the Hearing Transcript from the Requester/claimant.
Because there was no chapter 383 proceeding and Requester presented no basis for disclosure under HRS § 383-95(a), OIP concluded that DLIR may withhold the Hearing Transcript from Requester under HRS § 92F-22(5).