reglab/housing_qa huggingface dataset:
HI Rev Stat § 76-13 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|76. Civil Service Law|76-13 Specific duties and powers of director.

  §76-13 Specific duties and powers of director. The director shall direct and supervise all the administrative and technical activities of the director's department. In addition to other duties imposed upon the director by this chapter, the director shall:  (1) Establish and maintain a roster of all persons in the civil service;  (2) Appoint employees necessary to assist the director in the proper performance of the director's duties and for which appropriations shall have been made;  (3) Foster and develop, in cooperation with appointing authorities and others, programs for the improvement of employee efficiency;  (4) Cooperate fully with appointing authorities, giving full recognition to their requirements and needs, in the administration of this chapter to promote public service by establishing conditions of service that will attract and retain employees of character and capability, and to increase efficiency and productivity in governmental departments by continuously improving methods of human resources administration and maximizing the use of advanced technology;  (5) Encourage and exercise leadership in the development of effective human resources administration within the several departments and make available the facilities of the director's department to this end;  (6) Investigate from time to time the operation and effect of this chapter and the rules adopted thereunder;  (7) Develop and maintain classification systems;  (8) Make recommendations and advise the chief executive on appropriate adjustments for employees excluded from collective bargaining as authorized under chapter 89C; and  (9) Perform any other lawful acts deemed by the director to be necessary or desirable to carry out the purposes and provisions of this chapter. [L 1955, c 274, pt of §1; RL 1955, pt of §3-19; am L 1957, c 157, §1 and c 206, §1; am L Sp 1959 2d, c 1, §11; am L 1964, c 28, §2; HRS §76-13; am L 1976, c 35, §1; gen ch 1985; am L 1989, c 102, §2; am L 1994, c 56, §8; am L 2000, c 253, §11] Revision Note  Subsection designation deleted pursuant to §23G-15(1). Attorney General Opinions  Only the director of personnel services and the administrative director of the courts are empowered to act on reallocation requests. Att. Gen. Op. 81-10.  Effective date of reallocation determines whether retroactive pay adjustment made. Att. Gen. Op. 85-4. Case Notes  Re refusal to certify felon as adult corrections officer. 402 F. Supp. 84.
HI Rev Stat § 76-13.5 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|76. Civil Service Law|76-13.5 Classification.

  §76-13.5 Classification. (a) Each director shall establish, implement, and maintain one or more classification systems covering all civil service positions, not otherwise exempted by rules. The classification systems shall be constructed with the objective of achieving equal pay for equal work as provided in section 76-1. The director shall adopt rules that allow for the administrative review of classification and initial pricing actions.  (b) Wherever reference is made in statutes that positions are either subject to or exempt from "chapter 77" prior to July 1, 2002, the positions shall be subject or exempt from the appropriate classification systems established under this section. [L 2000, c 253, §3] Revision Note  "July 1, 2002" substituted for "the effective date of this Act".
HI Rev Stat § 76-15 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|76. Civil Service Law|76-15 Examination consultants.

  §76-15 Examination consultants. (a) The director or an appointing authority may select employees in the jurisdiction's service or any individual to act as volunteer subject-matter consultants in the preparation and rating of applications and examinations. Notwithstanding the provisions of chapter 92F, the identity of any volunteer subject-matter consultant, and any information which would result in actual identification of any volunteer subject-matter consultant, are confidential and shall not be disclosed.  (b) An appointing authority may excuse any employee in the appointing authority's department from the employee's regular duties for the time required for the employee's work as a volunteer subject-matter consultant.  Employees shall not be entitled to extra pay for services as volunteer consultants but shall be entitled to reimbursement for necessary traveling and other expenses. [L 1955, c 274, pt of §1; RL 1955, pt of §3-19; HRS §76-15; gen ch 1985; am L 1994, c 56, §21; am L 1996, c 35, §1; am L 2000, c 253, §13]
HI Rev Stat § 76-17 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|76. Civil Service Law|76-17 Rules; policies, standards, and procedures.

  §76-17 Rules; policies, standards, and procedures. (a) In conformity with chapter 91, the director shall prescribe rules to carry out this chapter which shall have the force and effect of law. The rules may include any matter not inconsistent with law concerning the establishment and maintenance of a system of personnel management based on the merit principle, including but not limited to matters set forth in this chapter, and may be amended or repealed in like manner as the same were adopted. The rules shall be in conformity with principles of good public administration.  (b) The director may also issue, without regard to chapter 91, policies, standards, and procedures consistent with rules to facilitate and ensure appropriate functioning of the human resources program.  (c) The section shall not apply to matters that are negotiable under chapter 89 or adjusted under chapter 89C. [L 1955, c 274, pt of §1; RL 1955, pt of §3-21; am L Sp 1959 2d, c 1, §11; am L 1967, c 36, §1; HRS §76-17; am L 1994, c 56, §21; am L 2000, c 253, §15] Attorney General Opinions  Director has authority to make rules covering political activities. Att. Gen. Op. 63-43. Case Notes  Where there is payment in violation of rule promulgated under this section, citizen has standing to bring action under §76-53(b). 53 H. 215, 491 P.2d 541.
HI Rev Stat § 76-18 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|76. Civil Service Law|76-18 Examinations.

  §76-18 Examinations. There shall be examinations for testing the fitness and ability of applicants for positions in civil service. The director shall adopt rules to administer the examination programs. [L 1955, c 274, pt of §1; RL 1955, §3-21(a); am L 1957, c 198, §1; am L Sp 1959 2d, c 1, §11; am L 1967, c 42, §1; HRS §76-18; am L 1984, c 101, §2; am L 1992, c 33, §1; am L 1994, c 56, §21; am L 2000, c 253, §16]
HI Rev Stat § 76-22 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|76. Civil Service Law|76-22 REPEALED.

 §76-22 REPEALED. L 1996, c 34, §1.
HI Rev Stat § 76-22.5 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|76. Civil Service Law|76-22.5 Recruitment.

  §76-22.5 Recruitment. The director shall adopt rules in accordance with sections 76-1 and 78-1 to determine, establish, and maintain the manner in which civil service positions are to be filled. The director shall seek continuous improvements to streamline the recruitment process so that positions are filled in the most economic, efficient, and expeditious manner possible. This includes maximizing use of new technologies and developing more efficient alternatives to ensure the availability of qualified applicant pools whether it involves a change in the manner in which initial appointments are to be made, increased delegation to departments, or decentralization to appointing authorities, as necessary and appropriate. [L 1992, c 32, § §2, 5; am L 1994, c 223, §7; am L 1998, c 11, §4; am L 2000, c 253, §17]
HI Rev Stat § 76-23 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|76. Civil Service Law|76-23 REPEALED.

 §76-23 REPEALED. L 2000, c 253, §49.
HI Rev Stat § 76-23.5 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|76. Civil Service Law|76-23.5 Recruitment incentives.

  §76-23.5 Recruitment incentives. Within limits set forth in rules of the director, appointing authorities may pay for all or a portion of the travel and transportation expenses or to provide a monetary incentive to enhance the recruitment of persons employed or appointed to critical-to-fill and labor shortage positions. [L 1991, c 205, §2; am L 2000, c 253, §18]
HI Rev Stat § 76-28 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|76. Civil Service Law|76-28 Forms required of appointing authorities.

  §76-28 Forms required of appointing authorities. Each director shall develop and administer an employment records management system and require appointing authorities to transmit such records as the director may request. Appointing authorities shall maintain records of all appointments, terminations of employment, transfers, resignations, suspensions, demotions, and discharges, other employment records and forms deemed appropriate by the director. [L 1955, c 274, pt of §1; RL 1955, §3-21(i); HRS §76-28; am L 1981, c 5, §1; am L 1994, c 56, §21; am L 1998, c 51, §1; am L 1999, c 18, §3; am L 2000, c 253, §20]
HI Rev Stat § 76-28.5 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|76. Civil Service Law|76-28.5 Temporary employment in state positions.

  §76-28.5 Temporary employment in state positions. (a) No department or agency of the State shall temporarily employ the same person in the same position that is wholly funded by general funds for more than two terms of eighty-nine days; provided that with the approval of the governor, a department or agency of the State may temporarily employ the same person in the same position for eight terms of eighty-nine days within a consecutive twenty-four-month period.  (b) This section shall not apply to periods of temporary employment when a person has been appointed to a vacant position arising as a result of:  (1) A workers' compensation claim;  (2) Medical leave;  (3) An ongoing investigation;  (4) A shortage category;  (5) A working condition differential;  (6) A remote geographical location;  (7) A seasonal demand for employees;  (8) A leave of absence taken by an incumbent who has return rights;  (9) A need to fill a department of education position for the delivery of special education services; or  (10) A position pending reorganization.  (c) This section shall not apply to the counties. [L 2016, c 246, §1]
HI Rev Stat § 76-29 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|76. Civil Service Law|76-29 Person ineligible for appointment.

  §76-29 Person ineligible for appointment. A person shall be ineligible for any appointment in the civil service for a specified period of time as determined appropriate by the director for reasons including, but not limited to, the following:  (1) Deception, fraud, or providing false or misleading statements of material facts in the application or examination process;  (2) Unauthorized or improper assistance in an examination; or  (3) A determination of unsuitability for employment. [L 1955, c 274, pt of §1; RL 1955, §3-21(j); am L 1963, c 16, §1; HRS §76-29; am L 2000, c 253, §21]
HI Rev Stat § 76-30 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|76. Civil Service Law|76-30 Tenure; resignations.

  §76-30 Tenure; resignations. (a) Every member of the civil service shall be entitled to hold the member's position for the duration of the member's appointment as provided in section 76-27. Resignations shall be in writing in accordance with rules.  (b) If an employee resigns without submitting the employee's resignation in writing, if an employee does not report to work for fifteen days without notifying the appointing authority of the employee's employment intentions, if the resignation is submitted while an investigation was pending against the employee, or if the resignation is not accepted for reasons allowed by rules, the appointing authority shall, within fifteen days following the last day the employee reported to work, file with the director a statement showing either resignation or termination of employment, as appropriate under the circumstances.  (c) If the employee does not report for work without authorization, but, within fifteen days following the last day the employee reported for work, expresses a desire to continue employment, the employee shall not be deemed to have resigned. The appointing authority may take appropriate disciplinary action, including discharge, in consideration of the reasons for the employee's absence.  (d) Actions taken by the appointing authority under this section shall, if grieved, be filed pursuant to the departmental complaint procedure and the merit appeals board for employees excluded from coverage under chapter 89, as applicable.  (e) Whenever there are provisions in a collective bargaining agreement that conflict with this section, the terms of the agreement shall prevail. Actions taken by the appointing authority shall, if grieved, be filed pursuant to the contractual grievance procedure. [L 1955, c 274, pt of §1; RL 1955, §3-21(k); am L Sp 1959 2d, c 1, §11; HRS §76-30; gen ch 1985; am L 1994, c 56, §21; am L 2000, c 253, §22]
HI Rev Stat § 76-30.5 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|76. Civil Service Law|76-30.5 Leaves of absence to accept appointed positions exempt from the civil service; prohibited.

  §76-30.5 Leaves of absence to accept appointed positions exempt from the civil service; prohibited. Notwithstanding section 78-23, no leave of absence shall be granted to any employee who leaves a position covered under this chapter for a position that is exempt from this chapter under section 76-16(b)(7), (8), (9), (10), or (16) and whose term of appointment is not less than one year; provided that this section shall not apply to any employee whose collective bargaining agreement provides for the granting of a longer leave of absence. [L 2010, c 70, §1]
HI Rev Stat § 76-34 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|76. Civil Service Law|76-34 REPEALED.

  §76-34 REPEALED. L 1973, c 60, §1.
HI Rev Stat § 76-38 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|76. Civil Service Law|76-38 REPEALED.

 §76-38 REPEALED. L 1978, c 48, §3.
HI Rev Stat § 76-39 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|76. Civil Service Law|76-39 REPEALED.

 §76-39 REPEALED. L 2000, c 253, §59.
HI Rev Stat § 76-40 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|76. Civil Service Law|76-40 REPEALED.

 §76-40 REPEALED. L 1985, c 263, §2.
HI Rev Stat § 76-41 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|76. Civil Service Law|76-41 Performance appraisal systems; failure to meet performance requirements.

  §76-41 Performance appraisal systems; failure to meet performance requirements. (a) There shall be established and maintained performance appraisal systems for the purpose of evaluating the performance of employees in the civil service and improving the employees' performance. The performance appraisal systems shall be the basis for evaluating whether employees in the civil service meet the performance requirements of their respective positions as required in section 76-27. For the purposes of this section, "performance requirements" includes any qualification required for the position such as a license.  (b) An appointing authority may release an employee from the employee's position or discharge an employee from service if the employee fails to meet the performance requirements of the employee's position under the following conditions:  (1) The evaluation process and its consequences were discussed with the employee;  (2) The employee was made aware of the employee's current job description and job-related performance requirements;  (3) The evaluation procedures were observed, including providing the employee the opportunity to meet, discuss, and rebut the performance evaluation and apprising the employee of the consequences of failure to meet performance requirements;  (4) The evaluation was fair and objective;  (5) The employee was provided performance feedback during the evaluation period and, as appropriate, the employee was offered in-service remedial training in order for the employee to improve and meet performance requirements;  (6) The evaluation was applied without discrimination; and  (7) Prior to the end of the evaluation period that the employee is being considered for discharge due to failure to meet performance requirements, the feasibility of transferring or demoting the employee to another position for which the employee qualifies was considered.  (c) Any civil service employee who fails to meet performance requirements shall have the right to grieve under:  (1) A collective bargaining grievance procedure that culminates in a final and binding decision by a performance judge pursuant to section 89-10.8; or  (2) The departmental complaint procedure that culminates in a final and binding decision by the merit appeals board under section 76-14.  The performance judge or the merit appeals board, as the case may be, shall use the conditions in subsection (b) as tests in reaching a decision on whether the employer's action, based on a failure by the employee to meet performance requirements of the employee's position, was with or without merit. [L 1955, c 274, pt of §1; RL 1955, §3-21(u); am L 1961, c 41, §1; HRS §76-41; gen ch 1985; am L 1994, c 56, §21; am L 1998, c 52, §1; am L 2000, c 253, §23]
HI Rev Stat § 76-43 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|76. Civil Service Law|76-43 Layoff.

  §76-43 Layoff. When it is necessary to release employees due to lack of work, lack of funds, or other legitimate reasons, employees with permanent appointments in civil service positions shall have layoff rights. Layoffs shall be made in accordance with procedures negotiated under chapter 89 or established under chapter 89C, as applicable. [L 1965, c 146, §1; Supp, §3-21(x); HRS §76-43; gen ch 1985; am L 1994, c 56, §21; am L 2000, c 253, §25]
HI Rev Stat § 76-44 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|76. Civil Service Law|76-44 REPEALED.

 §76-44 REPEALED. L 2000, c 253, §60.
HI Rev Stat § 76-45 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|76. Civil Service Law|76-45 Suspension.

  §76-45 Suspension. An appointing authority may, for disciplinary purposes, suspend any employee without pay or place an employee on leave without pay pending an investigation. Suspensions and leaves without pay pending an investigation shall be in accordance with procedures negotiated under chapter 89 or established under chapter 89C, as applicable. [L 1955, c 274, pt of §1; RL 1955, §3-23; am L 1957, c 107, §1; am L 1967, c 52, §1; HRS §76-45; am L 1981, c 5, §2; gen ch 1985; am L 2000, c 253, §26]
HI Rev Stat § 76-46 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|76. Civil Service Law|76-46 Discharges; demotions.

  §76-46 Discharges; demotions. An appointing authority may discharge or demote any employee when the appointing authority considers that the good of the service will be served thereby. Discharges may be made only for such causes that will promote the efficiency of government service.  Demotions or discharges shall be in accordance with procedures negotiated under chapter 89 or established under chapter 89C, as applicable. [L 1955, c 274, pt of §1; RL 1955, §3-24; HRS §76-46; am L 1981, c 5, §3; gen ch 1985; am L 2000, c 253, §27] Case Notes  Ten-day suspension without pay prior to termination. 963 F.2d 1167.  Although plaintiff claimed that the police department violated this section, there was no dispute that the police chief terminated plaintiff thinking "that the good of the service will be served thereby". 937 F. Supp. 2d 1220 (2013).  Purpose of section, dismissal, act of appointing authority, discussed. 42 H. 122.  Requirement as to ten days' notice before date of dismissal is clear and unambiguous. 52 H. 313, 475 P.2d 53.
HI Rev Stat § 76-48 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|76. Civil Service Law|76-48 REPEALED.

 §76-48 REPEALED. L 2000, c 253, §61.
HI Rev Stat § 76-49 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|76. Civil Service Law|76-49 Subpoenas, oaths.

  §76-49 Subpoenas, oaths. The merit appeals board shall have such powers as may be provided by law with respect to compelling the attendance of witnesses and administering oaths to witnesses, and as to all matters within the scope of its authority the director and any hearing officer shall have similar powers. [L 1955, c 274, pt of §1; RL 1955, §3-27; HRS §76-49; am L 1994, c 56, §21; am L 2000, c 253, §29]
HI Rev Stat § 76-50 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|76. Civil Service Law|76-50 Compensation and expenses of a merit appeals board.

 §76-50 Compensation and expenses of a merit appeals board. Each member of a merit appeals board shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties. [L 1955, c 274, pt of §1; RL 1955, pt of §3-13; HRS §76-50; gen ch 1985; am L 2000, c 253, §30] Attorney General Opinions  Members of the civil service commission for the county of Hawaii are not entitled to any compensation under this section. Att. Gen. Op. 88-4.
HI Rev Stat § 76-51 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|76. Civil Service Law|76-51 Prohibited activities by members of a merit appeals board.

  §76-51 Prohibited activities by members of a merit appeals board. No person who occupies any elective or appointive office under the state or county government shall be eligible for membership on or continue to be a member of the merit appeals board. The term "appointive office" for the purpose of this section, shall not include notaries public. No member of the merit appeals board shall, during the member's term of office, serve as an officer or committee member of any political party organization, including a precinct organization, or present oneself as a candidate or be a candidate for nomination or election to any public office at any election. The office of any member who violates this section or section 84-13 or 84-14 shall be conclusively presumed to have been abandoned and vacated by reason thereof and the chief executive shall thereupon appoint a qualified person to fill the vacancy. As an alternative remedy, proceedings in the nature of quo warranto may be brought by any person to oust any member who violates this section or section 84-13 or 84-14. [L 1955, c 274, pt of §1; RL 1955, §3-16; HRS §76-51; gen ch 1985; am L 2000, c 253, §31] Attorney General Opinions  Employee of department of education may not be a member of a civil service commission. Att. Gen. Op. 90-9.
HI Rev Stat § 76-71 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|76. Civil Service Law|76-71 Department of civil service.

Note Former part II heading entitled "Civil Service for the State" was repealed by L 2000, c 253, §8. This part II heading was renumbered from part III and amended by L 2000, c 253, §32.  §76-71 Department of civil service. There shall be a department of civil service for each of the counties of Hawaii, Maui, and Kauai, which shall include a personnel director and a merit appeals board established under section 76-47. [L 1955, c 274, pt of §1; RL 1955, §3-60; HRS §76-71; am L 1977, c 61, pt of §1; am L 2000, c 253, §33]