Hawaii Revised Statutes 386. Workers' Compensation Law

PART I. GENERAL PROVISIONS

• 386-1 Definitions.
  In this chapter, unless the context otherwise requires: "Able to resume work" means an industrially injured worker's injury has stabilized after a period of...
• 386-2 Definitions Relating to Family Relationships.
  "Brother" or "sister" includes a half brother or half sister, a stepbrother or stepsister, and a brother or sister by adoption. "Child" includes a...
• 386-3 Injuries Covered.
  (a) If an employee suffers personal injury either by accident arising out of and in the course of the employment or by disease proximately...
• 386-3.5 Negotiation for Benefit Coverage.
  (a) Notwithstanding any provision of law to the contrary, any employer may determine the benefits and coverage of a policy required under this chapter...
• 386-4 Voluntary Coverage.
  Any employer who has individuals in the employer's employment who are not employees as defined in section 386-1 may elect to provide coverage for...
• 386-5 Exclusiveness of Right to Compensation; Exception.
  The rights and remedies herein granted to an employee or the employee's dependents on account of a work injury suffered by the employee shall...
• 386-6 Territorial Applicability.
  The provisions of this chapter shall be applicable to all work injuries sustained by employees within the territorial boundaries of the State. If an...
• 386-7 Interstate and Foreign Commerce and Maritime Employment.
  To the extent permissible under the Constitution and the laws of the United States, this chapter shall apply to employees and employers engaged in...
• 386-8 Liability of Third Person.
  When a work injury for which compensation is payable under this chapter has been sustained under circumstances creating in some person other than the...
• 386-8.5 Limits of Third Party Liability.
  (a) Section 386-8 and any other law to the contrary notwithstanding, when a work injury for which compensation is payable under this chapter has...
• 386-9 Contracting Out Forbidden.
  Except as provided in section 386-78, no contract, rule, regulation or device whatsoever shall operate to relieve the employer in whole or in part...
• 386-10 Out of State Employers.
  Any employer whose principal place of business is outside the State shall, prior to the commencement of employment within the State, register with the...

PART II. COMPENSATION
A. Medical and Rehabilitation Benefits

• 386-21 Medical Care, Services, and Supplies.
  Limitation on charges, see §431:10C-308.5. §386-21 Medical care, services, and supplies. (a) Immediately after a work injury sustained by an employee and so long...
• 386-21.5 Publication of Fees by Prepaid Health Care Plan Contractors.
  Limitation on charges, see §431:10C-308.5. [§386-21.5] Publication of fees by prepaid health care plan contractors. (a) A prepaid health care plan contractor as defined...
• 386-21.7 Prescription Drugs; Pharmaceuticals.
  Limitation on charges, see §431:10C-308.5. [§386-21.7] Prescription drugs; pharmaceuticals. (a) Notwithstanding any other provision to the contrary, immediately after a work injury is sustained...
• 386-22 Artificial Member and Other Aids.
  Limitation on charges, see §431:10C-308.5. §386-22 Artificial member and other aids. Where an injury results in the amputation of an arm, hand, leg, or...
• 386-23 Services of Attendant.
  Limitation on charges, see §431:10C-308.5. §386-23 Services of attendant. When the director of labor and industrial relations finds that the service of an attendant...
• 386-23.5 Services of Attendant, Allowance Adjustments.
  Limitation on charges, see §431:10C-308.5. §386-23.5 Services of attendant, allowance adjustments. (a) When the maximum allowed for procurement of services of an attendant as...
• 386-23.6 Weekly Benefit Adjustments for Recipients of Services of Attendants.
  Limitation on charges, see §431:10C-308.5. §386-23.6 Weekly benefit adjustments for recipients of services of attendants. Any permanently and totally disabled employee awarded and receiving...
• 386-24 Medical Rehabilitation.
  Limitation on charges, see §431:10C-308.5. §386-24 Medical rehabilitation. The medical services and supplies to which an employee suffering a work injury is entitled shall...
• 386-25 Vocational Rehabilitation.
  Limitation on charges, see §431:10C-308.5. §386-25 Vocational rehabilitation. (a) The purposes of vocational rehabilitation are to restore an injured worker's earnings capacity as nearly...
• 386-26 Guidelines on Frequency of Treatment and Reasonable Utilization of Health Care and Services.
  Limitation on charges, see §431:10C-308.5. §386-26 Guidelines on frequency of treatment and reasonable utilization of health care and services. The director shall issue guidelines...
• 386-27 Qualification and Duties of Health Care Providers.
  Limitation on charges, see §431:10C-308.5. §386-27 Qualification and duties of health care providers. (a) All health care providers rendering health care and services under...

B. Income and Indemnity Benefits
1. Disability

• 386-31 Total Disability.
  (a) Permanent total disability. Where a work injury causes permanent total disability the employer shall pay the injured employee a weekly benefit equal to...
• 386-32 Partial Disability.
  (a) Permanent partial disability. Where a work injury causes permanent partial disability, the employer shall pay the injured worker compensation in an amount determined...
• 386-33 Subsequent Injuries that Would Increase Disability.
  (a) Where prior to any injury an employee suffers from a previous permanent partial disability already existing prior to the injury for which compensation...
• 386-34 Payment After Death.
  Where an employee is entitled to weekly income and indemnity benefits for permanent total or permanent partial disability and dies from any cause other...
• 386-35 Benefit Adjustment.
  (a) Effective January 1, 1992, and January 1 of every tenth year thereafter, any employee whose date of work injury is before January 1,...

2. Death

• 386-41 Entitlement to and Rate of Compensation.
  (a) Funeral and burial allowance. Where a work injury causes death, the employer shall pay funeral expenses not to exceed ten times the maximum...
• 386-42 Dependents.
  (a) The following persons, and no others, shall be deemed dependents and entitled to income, and indemnity benefits under this chapter: A child who...
• 386-43 Duration of Dependents' Weekly Benefits.
  (a) The weekly benefits to dependents shall continue: To a surviving spouse or reciprocal beneficiary, until death, remarriage, marriage, or entry into a new...
• 386-44 Effect of Erroneous Payment; Insanity of Beneficiary.
  If an employer in good faith pays weekly benefits to a dependent who is inferior in right to another dependent or with whom another...

3. Provisions Common to Benefits for Disability and Death

• 386-51 Computation of Average Weekly Wages.
  Average weekly wages shall be computed in a manner that the resulting amount represents most fairly, in the light of the employee's employment pattern and...
• 386-51.5 Limited Liability in Concurrent Employment.
  Where an employee is concurrently engaged in more than one employment covered by this chapter and sustains a personal injury in one employment under...
• 386-52 Credit for Voluntary Payments and Supplies in Kind.
  (a) Any payments made by the employer to the injured employee during the employee's disability or to the employee's dependents which by the terms...
• 386-53 Nonweekly Periodic Payments.
  On the application of either party, the director may, having due regard for the welfare of the employee or the employee's dependents and the...
• 386-54 Commutation of Periodic Payments.
  Upon application of the disabled employee, the employee's dependents or the employer, the director of labor and industrial relations may order that the periodic...
• 386-55 Trustee in Case of Lump Sum Payments.
  Whenever for any reason the director of labor and industrial relations deems it advisable, any lump sum which is payable as provided in section...
• 386-56 Payment From the Special Compensation Fund in Case of Default.
  Where an injured employee or the employee's dependents fail to receive prompt and proper compensation and this default is caused through no fault of...
• 386-57 Legal Status of Right to Compensation and Compensation Payments.
  (a) The right to compensation under this chapter shall not be assignable, and the right to compensation and compensation payments received shall be exempt...

PART III. ADMINISTRATION

• 386-71 Duties and Powers of the Director in General.
  One-Sided Bargain? Assessing the Fairness of Hawai‘i's Workers' Compensation Law. 31 UH L. Rev. 553 (2009). §386-71 Duties and powers of the director in...
• 386-71.5 Rehabilitation Unit.
  One-Sided Bargain? Assessing the Fairness of Hawai‘i's Workers' Compensation Law. 31 UH L. Rev. 553 (2009). [§386-71.5] Rehabilitation unit. There is established within the...
• 386-71.6 Workers' Compensation Benefits Facilitator Unit.
  One-Sided Bargain? Assessing the Fairness of Hawai‘i's Workers' Compensation Law. 31 UH L. Rev. 553 (2009). [§386-71.6] Workers' compensation benefits facilitator unit. (a) There...
• 386-72 Rulemaking Powers.
  One-Sided Bargain? Assessing the Fairness of Hawai‘i's Workers' Compensation Law. 31 UH L. Rev. 553 (2009). §386-72 Rulemaking powers. In conformity with and subject...
• 386-73 Original Jurisdiction Over Controversies.
  One-Sided Bargain? Assessing the Fairness of Hawai‘i's Workers' Compensation Law. 31 UH L. Rev. 553 (2009). §386-73 Original jurisdiction over controversies. Unless otherwise provided,...
• 386-73.5 Proceedings to Determine Employment and Coverage.
  One-Sided Bargain? Assessing the Fairness of Hawai‘i's Workers' Compensation Law. 31 UH L. Rev. 553 (2009). §386-73.5 Proceedings to determine employment and coverage. The...
• 386-74 to 386-77 Repealed.
  One-Sided Bargain? Assessing the Fairness of Hawai‘i's Workers' Compensation Law. 31 UH L. Rev. 553 (2009). §§386-74 to 386-77 REPEALED. L 1969, c 244,
• 386-78 Compromise.
  One-Sided Bargain? Assessing the Fairness of Hawai‘i's Workers' Compensation Law. 31 UH L. Rev. 553 (2009). §386-78 Compromise. (a) [Repeal and reenactment on June...
• 386-79 Medical Examination by Employer's Physician.
  One-Sided Bargain? Assessing the Fairness of Hawai‘i's Workers' Compensation Law. 31 UH L. Rev. 553 (2009). §386-79 Medical examination by employer's physician. After an...
• 386-80 Examination by Impartial Physician.
  One-Sided Bargain? Assessing the Fairness of Hawai‘i's Workers' Compensation Law. 31 UH L. Rev. 553 (2009). §386-80 Examination by impartial physician. The director of...
• 386-81 Notice of Injury; Waiver.
  One-Sided Bargain? Assessing the Fairness of Hawai‘i's Workers' Compensation Law. 31 UH L. Rev. 553 (2009). §386-81 Notice of injury; waiver. No proceedings for...
• 386-82 Claim for Compensation; Limitation of Time.
  One-Sided Bargain? Assessing the Fairness of Hawai‘i's Workers' Compensation Law. 31 UH L. Rev. 553 (2009). §386-82 Claim for compensation; limitation of time. The...
• 386-83 When Claim Within Specified Time is Unnecessary or Waived.
  One-Sided Bargain? Assessing the Fairness of Hawai‘i's Workers' Compensation Law. 31 UH L. Rev. 553 (2009). §386-83 When claim within specified time is unnecessary...
• 386-84 Limitation of Time With Respect to Minors and Mentally Incompetent.
  One-Sided Bargain? Assessing the Fairness of Hawai‘i's Workers' Compensation Law. 31 UH L. Rev. 553 (2009). §386-84 Limitation of time with respect to minors...
• 386-85 Presumptions.
  One-Sided Bargain? Assessing the Fairness of Hawai‘i's Workers' Compensation Law. 31 UH L. Rev. 553 (2009). §386-85 Presumptions. In any proceeding for the enforcement...
• 386-86 Proceedings Upon Claim; Hearings.
  One-Sided Bargain? Assessing the Fairness of Hawai‘i's Workers' Compensation Law. 31 UH L. Rev. 553 (2009). §386-86 Proceedings upon claim; hearings. (a) If a...
• 386-87 Appeals to Appellate Board.
  One-Sided Bargain? Assessing the Fairness of Hawai‘i's Workers' Compensation Law. 31 UH L. Rev. 553 (2009). §386-87 Appeals to appellate board. (a) A decision...
• 386-87.1 Standing to Intervene in Appeals.
  One-Sided Bargain? Assessing the Fairness of Hawai‘i's Workers' Compensation Law. 31 UH L. Rev. 553 (2009). [§386-87.1] Standing to intervene in appeals. In any...
• 386-88 Judicial Review.
  One-Sided Bargain? Assessing the Fairness of Hawai‘i's Workers' Compensation Law. 31 UH L. Rev. 553 (2009). §386-88 Judicial review. The decision or order of...
• 386-89 Reopening of Cases; Continuing Jurisdiction of Director.
  One-Sided Bargain? Assessing the Fairness of Hawai‘i's Workers' Compensation Law. 31 UH L. Rev. 553 (2009). §386-89 Reopening of cases; continuing jurisdiction of director....
• 386-90 Conforming Prior Decisions on Appeal.
  One-Sided Bargain? Assessing the Fairness of Hawai‘i's Workers' Compensation Law. 31 UH L. Rev. 553 (2009). §386-90 Conforming prior decisions on appeal. Upon the...
• 386-91 Enforcement of Decisions Awarding Compensation; Judgment Rendered Thereon.
  One-Sided Bargain? Assessing the Fairness of Hawai‘i's Workers' Compensation Law. 31 UH L. Rev. 553 (2009). §386-91 Enforcement of decisions awarding compensation; judgment rendered...
• 386-92 Default in Payments of Compensation, Penalty.
  One-Sided Bargain? Assessing the Fairness of Hawai‘i's Workers' Compensation Law. 31 UH L. Rev. 553 (2009). §386-92 Default in payments of compensation, penalty. If...
• 386-93 Costs.
  One-Sided Bargain? Assessing the Fairness of Hawai‘i's Workers' Compensation Law. 31 UH L. Rev. 553 (2009). §386-93 Costs. (a) If the director of labor...
• 386-94 Attorneys, Physicians, Other Health Care Providers, and Other Fees.
  One-Sided Bargain? Assessing the Fairness of Hawai‘i's Workers' Compensation Law. 31 UH L. Rev. 553 (2009). §386-94 Attorneys, physicians, other health care providers, and...
• 386-95 Reports of Injuries, Other Reports, Penalty
  One-Sided Bargain? Assessing the Fairness of Hawai‘i's Workers' Compensation Law. 31 UH L. Rev. 553 (2009). §386-95 Reports of injuries, other reports, penalty. Every...
• 386-96 Reports of Physicians, Surgeons, and Hospitals.
  One-Sided Bargain? Assessing the Fairness of Hawai‘i's Workers' Compensation Law. 31 UH L. Rev. 553 (2009). §386-96 Reports of physicians, surgeons, and hospitals. (a)...
• 386-97 Inspections.
  One-Sided Bargain? Assessing the Fairness of Hawai‘i's Workers' Compensation Law. 31 UH L. Rev. 553 (2009). §386-97 Inspections. The director of labor and industrial...
• 386-97.5 Penalties.
  One-Sided Bargain? Assessing the Fairness of Hawai‘i's Workers' Compensation Law. 31 UH L. Rev. 553 (2009). [§386-97.5] Penalties. (a) Any person who, after twenty-one...
• 386-98 Fraud Violations and Penalties.
  One-Sided Bargain? Assessing the Fairness of Hawai‘i's Workers' Compensation Law. 31 UH L. Rev. 553 (2009). §386-98 Fraud violations and penalties. (a) A fraudulent...
• 386-99 Posting of Information.
  One-Sided Bargain? Assessing the Fairness of Hawai‘i's Workers' Compensation Law. 31 UH L. Rev. 553 (2009). [§386-99] Posting of information. Each employer shall post...
• 386-100 Deductible Option for Medical Benefits in Insurance Policy.
  One-Sided Bargain? Assessing the Fairness of Hawai‘i's Workers' Compensation Law. 31 UH L. Rev. 553 (2009). §386-100 Deductible option for medical benefits in insurance...

PART IV. SECURITY FOR COMPENSATION; EMPLOYMENT RIGHTS OF
INJURED EMPLOYEES; FUNDS
A. Security for Compensation

• 386-121 Security for Payment of Compensation; Misdemeanor.
  In the context of the Hawaii workers' compensation scheme, a physician is an incidental beneficiary rather than an intended third-party beneficiary of the employer's...
• 386-122 Notice of Insurance.
  In the context of the Hawaii workers' compensation scheme, a physician is an incidental beneficiary rather than an intended third-party beneficiary of the employer's...
• 386-123 Failure to Give Security for Compensation; Penalty; Injunction.
  In the context of the Hawaii workers' compensation scheme, a physician is an incidental beneficiary rather than an intended third-party beneficiary of the employer's...
• 386-124 the Insurance Contract.
  In the context of the Hawaii workers' compensation scheme, a physician is an incidental beneficiary rather than an intended third-party beneficiary of the employer's...
• 386-124.5 Insurer's Requirements; Failure to Maintain Claims Service Office; Penalty; Injunction.
  In the context of the Hawaii workers' compensation scheme, a physician is an incidental beneficiary rather than an intended third-party beneficiary of the employer's...
• 386-125 Knowledge of Employer Imputed to Insurance Carrier.
  In the context of the Hawaii workers' compensation scheme, a physician is an incidental beneficiary rather than an intended third-party beneficiary of the employer's...
• 386-126 Insolvency of Employer Not to Release Insurance Carrier.
  In the context of the Hawaii workers' compensation scheme, a physician is an incidental beneficiary rather than an intended third-party beneficiary of the employer's...
• 386-127 Cancellation of Insurance Contracts.
  In the context of the Hawaii workers' compensation scheme, a physician is an incidental beneficiary rather than an intended third-party beneficiary of the employer's...
• 386-128 Insurance by the State, Counties, and Municipalities.
  In the context of the Hawaii workers' compensation scheme, a physician is an incidental beneficiary rather than an intended third-party beneficiary of the employer's...
• 386-129 Employees Not to Pay for Insurance; Penalty.
  In the context of the Hawaii workers' compensation scheme, a physician is an incidental beneficiary rather than an intended third-party beneficiary of the employer's...

B. Employment Rights of Injured Employees

• 386-141 Repealed.
  L 1970, c 64, §1. Cross References Unlawful suspension, discharge, or discrimination, see §378-32.
• 386-142 Employment Rights of Injured Employees.
  It shall be unlawful for any employer to suspend or discharge any employee solely because the employee suffers any work injury which is compensable...

C. Special Compensation Fund

• 386-151 Special Compensation Fund Established and Maintained.
  (a) There is hereby created a trust fund to be known as the special compensation fund which shall consist of payments made to it...
• 386-152 Levy and Charges to Finance Special Compensation Fund.
  When the cash balance of the special compensation fund established in section 386-151 falls below, as of December 31 of any year, an amount...
• 386-153 Levy on Insurers of Employers Insured Under Section 386-121(a)(1).
  (a) For the calendar year 1974 and for each calendar year thereafter, insurers of employers, as defined in section 386-1, shall pay a levy...
• 386-154 Charge Against Employers Not Insured Under Section 386-121(a)(1).
  (a) As used in this section: "Anticipated total assessment" means the amount derived by dividing the total amount of the levy to be paid...
• 386-154.5 Special Assessments.
  (a) For the calendar year 1972 only, insurers of employers as defined in section 386-121(a)(1) shall pay a special assessment of one and one-quarter...
• 386-155 Expenses.
  All litigation expenses, including but not limited to court costs, attorneys' fees, and witness fees incurred by the director in preparation, prosecution, or defense...

PART V. APPLICABILITY TO HAWAII GUARD, VOLUNTEER PERSONNEL
AND PUBLIC BOARD MEMBERS
A. Hawaii Guard

• 386-161 Who Entitled to Compensation.
  If a member of the Hawaii national guard or Hawaii state defense force suffers a personal injury arising out of and in the performance...
• 386-162 Terms Defined.
  "Personal injury", "compensation", and "dependents" within the meaning of section 386-161 has the same meaning as is given to these terms in sections 386-1...
• 386-163 Administration.
  This part shall be administered by the director of labor and industrial relations. The director may promulgate such additional rules and regulations relative thereto...
• 386-164 Appropriation.
  So much of the state insurance fund as may be necessary is hereby appropriated for the purpose of section 386-161 and for the purpose...

B. Volunteer Personnel

• 386-171 Volunteer Personnel, Medical, Etc., Expenses.
  Any person who is injured in performing service for the State or any county in any voluntary or unpaid capacity under the authorized direction of...
• 386-172 Administration and Procedure.
  Section 386-171 shall be administered by the director of labor and industrial relations. Procedure in respect of claims hereunder, including procedure upon appeals, shall...
• 386-173 Time for Giving Notice, Etc.
  Any time fixed for giving of notice of injury or for any other substantive purpose as to any injuries within the purview of section...
• 386-174 Appropriation.
  So much of the state insurance fund as may be necessary is hereby appropriated and shall, with the approval of the governor, be expended...

C. Public Board Members, Reserve Police Officers, Police
Chaplains, Volunteer Firefighters, Volunteer Boating
Enforcement Officers, and Volunteer
Conservation and Resources Enforcement Officers

• 386-181 Generally.
  Subpart heading amended by L 1987, c 121, §1; L 1996, c 260, §6. §386-181 Generally. (a) As used in this section: "Police chaplain"...

PART VI. SELF-INSURANCE GROUPS

• 386-191 Scope.
  This part shall apply to workers' compensation self-insurance groups. This part shall not apply to public employees or governmental entities. Groups which are issued...
• 386-192 Definitions.
  For the purpose of this part: "Administrator" means an individual, partnership, or corporation engaged by a workers' compensation self-insurance group's board of trustees to...
• 386-193 Authority to Act As Workers' Compensation Self-Insurance Group.
  No person, association, or other entity shall act as a workers' compensation self-insurance group unless it has been issued a certificate of approval by...
• 386-194 Qualifications for Initial Approval and Continued Authority to Act As a Workers' Compensation Self-Insurance Group.
  (a) A proposed workers' compensation self-insurance group shall file with the insurance commissioner its application for a certificate of approval accompanied by a nonrefundable...
• 386-195 Certificate of Approval; Termination.
  (a) The certificate of approval issued by the insurance commissioner to a workers' compensation self-insurance group authorizes the group to provide workers' compensation benefits....
• 386-196 Examinations.
  The insurance commissioner may examine the affairs, transactions, accounts, records, and assets and liabilities of each group as often as the insurance commissioner deems...
• 386-197 Board of Trustees; Membership, Powers, Duties, and Prohibitions.
  Each group shall be operated by a board of trustees, which shall consist of not less than five persons whom the members of a...
• 386-198 Group Membership; Termination, Liability.
  (a) An employer joining a workers' compensation self-insurance group after the group has been issued a certificate of approval shall submit an application for...
• 386-199 Service Companies.
  (a) No service company or its employees, officers, or directors shall be an employee, officer, or director of, or have either a direct or...
• 386-200 Licensing of Producer
  . Except for a salaried employee of a group, its administrator, or its service company, any person soliciting membership in a workers' compensation self-insurance group...
• 386-201 Financial Statements and Other Reports.
  (a) Each group shall submit to the insurance commissioner a statement of financial condition audited by an independent certified public accountant on or before...
• 386-202 Misrepresentation Prohibited.
  No person shall make a material misrepresentation or omission of a material fact in connection with the solicitation of membership of a group. [L...
• 386-203 Investments.
  Funds not needed for current obligations may be invested by the board of trustees in accordance with sections 431-281 to 431-312. [L 1986, c...
• 386-204 Rates and Reporting of Rates.
  (a) Every workers' compensation self-insurance group shall adhere to the uniform classification system, uniform experience rating plan, and manual rules filed with the insurance...
• 386-205 Refunds.
  (a) Any moneys for a fund year in excess of the amount necessary to fund all obligations for that fund year may be declared...
• 386-206 Premium Payment; Reserves.
  (a) Each group shall establish to the satisfaction of the insurance commissioner a premium payment plan which shall include an initial payment by each...
• 386-207 Deficits and Insolvencies.
  (a) If the assets of a group are at any time insufficient to enable the group to discharge its legal liabilities and other obligations...
• 386-208 Guaranty Mechanism.
  In the event of a liquidation pursuant to section 386-207, after exhausting the security required pursuant to section 386-194(b)(2), the insurance commissioner shall levy...
• 386-209 Monetary Penalties.
  After notice and opportunity for a hearing, the insurance commissioner may impose a monetary penalty on any person or group found to be in...
• 386-210 Cease and Desist Orders.
  (a) After notice and opportunity for a hearing, the insurance commissioner may issue an order requiring a person or group to cease and desist...
• 386-211 Revocation of Certificate of Approval.
  (a) After notice and opportunity for a hearing, the insurance commissioner may revoke a group's certificate of approval if the group: (1) Is found...
• 386-212 Notice and Hearing.
  The insurance commissioner in the administration of this chapter shall comply with chapters 91 and 92 when applicable. [L 1986, c 304, pt of
• 386-213 Rules.
  The insurance commissioner shall adopt rules in accordance with chapter 91 for the purposes of this chapter. [L 1986, c 304, pt of §1]
• 386-214 Severability.
  If any provision of this chapter, or the application thereof, to any person or circumstance, is subsequently held to be invalid, the invalidity shall...

Last modified: October 27, 2016