Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 1 - GENERAL PROVISIONS › Section 8-63-3 - Definitions

Current through June, 2024
As used in this chapter, unless the context indicates
						otherwise:
"Administrative review" means a reevaluation of a
						recruitment, examination, classification, reclassification, or initial pricing
						action in accordance with the provisions set forth in these rules, and in such
						policies, standards, guidelines, or procedures established by the assistant
						superintendent.
"Appointing authority" means the superintendent or
						designees having the power to make appointments, make changes in the status of
						employees, and take other actions as provided in these rules.
"Assistant superintendent" means the head of the
						department's office of human resources who assumes the duties of the director
						as provided in chapter
						76, Hawaii Revised Statutes.
"Board" means the board of education.
"Calendar day" or "day" means a period that begins at
						midnight, Hawaii Standard Time, and ends twenty-four hours later at midnight,
						Hawaii Standard Time.
"Certificate of eligibles" means the official document
						through which eligibles are referred for employment consideration.
"Certification" means the process whereby the names of
						qualified persons on the eligible lists are referred to the appointing
						authority.
"Civil service appointment" means an appointment to a
						civil service position from an appropriate eligible list.
"Civil service employee" means an employee who has met
						all requirements for membership in the civil service under section
						76-27,
						Hawaii Revised Statutes.
"Civil service law" means chapter
						76, Hawaii Revised Statutes, as
						amended. Unless the context of a specific rule or these definitions clearly
						indicate otherwise, all terms used in this chapter shall have the same meaning
						as in the civil service law, and references to the "law" shall be taken to mean
						the civil service law.
"Civil service position" means a position within the
						department that is not exempt from civil service law and must be filled through
						civil service recruitment procedures based on merit.
"Civil service recruitment procedure" means the procedure
						for the competitive process by which an applicant is deemed qualified for civil
						service appointment.
"Civil service system" means the personnel system based
						on merit principles as specified in section
						76-1,
						Hawaii Revised Statutes.
"Class or class of work" means a group of positions that
						reflect sufficiently similar duties and responsibilities such that the same
						title and pay range may apply to each position allocated to the class.
"Class specification" means the official document,
						approved by the assistant superintendent, providing a formalized summary of the
						nature and scope of duties and responsibilities, level of difficulty and
						authority, and minimum qualification requirements of a class.
"Classification" means the process of establishing an
						occupational framework and grouping positions on the basis of the kind and
						level of work and knowledge, skills, abilities, and qualifications required for
						performance of the work.
"Compensation plan" means the pay plan consisting of the
						assignment of classes in the classification systems to ranges in the
						appropriate salary schedules.
"Compensatory time-off" means the number of hours that an
						employee is scheduled to be absent from work as mutually agreed to with the
						employee's appointing authority when such absence is credited as compensatory
						time-off and charged against the employee's compensatory time credit.
"Compensatory time credit" means the number of hours of
						credit which an employee earns for overtime work, determined on the basis of
						one and one-half hours for each hour of overtime work.
"Competitive examination" means an examination from which
						an eligible list is established. The competitive examination may be open to the
						public who qualify for admission.
"Critical-to-fill" means:
(1) Positions so vital to the organization's mission such
						that the work cannot be assigned or assumed by other positions, and the
						inability to fill would significantly and adversely affect the organization's
						ability to accomplish its goals and objectives; or
(2) Positions providing direct services that must be
						performed because the health, safety, and welfare of the general public are
						involved.
"Department" means the department of education.
"Discharge" means an action taken by the assistant
						superintendent or appointing authority dismissing an employee for just
						cause.
"Earned rating" means the rating attained as a result of
						a competitor's qualification or performance or both in examination without
						credit for the points added through veteran's preference.
"Eligible" means a person whose name is on an eligible
						list.
"Eligible list" means a list of persons who have
						qualified for appointment to positions in a particular class.
"Examination" means an assessment method used to evaluate
						the knowledge, skills, and abilities of applicants for employment.
"Exempt employee" means a person who is appointed to and
						occupies a position exempted pursuant to section
						76-16,
						Hawaii Revised Statutes or other law.
"Exemptions from civil service" means those positions,
						persons in those positions, and personal services exempted from civil service
						pursuant to section
						76-16,
						Hawaii Revised Statutes or other law.
"Initial allocation" means the action taken on a new
						position to place it in a specific class on the basis of its duties,
						responsibilities, and minimum qualification requirements.
"Initial pricing" means the determination of the
						appropriate pay range and pay relationships for a new class based on
						appropriate factors.
"Initial probationary period" means the probation period
						required of a person entering the department's civil service system. It is also
						the final test of the person's fitness and ability for the position before
						acquiring civil service membership.
"Internal departmental competitive examination" means a
						competitive examination restricted to departmental civil service
						members.
"Layoff" means the release of an employee due to lack of
						work, lack of funds, or other legitimate reasons.
"Minimum qualification" or "minimum qualification
						requirements" means the minimum education, experience, knowledge, skills,
						abilities, licensing, and other special requirements essential for performance
						in a class of work or position.
"New probationary period" means a probationary period
						served by a civil service member as part of the examination process to
						determine the employee's fitness and ability for the new position.
"Non-civil service appointment" means an appointment to a
						civil service position made without the use of an eligible list.
"Open competitive examination" means a competitive
						examination conducted by the department or designated appointing authority that
						is open to all qualified employees who are civil service members and qualified
						applicants from the general public.
"Open-competitive list" means a list of persons who have
						been found to be qualified by an open-competitive examination for appointment
						in a particular class or series.
"Pay differential" means any additional compensation, in
						addition to the basic rate of pay, including but not limited to overtime,
						stand-by duty, compression differentials, lump sum pay, bonuses, recruitment
						and other financial incentives, awards, and other temporary
						differentials.
"Pay range" means the group of salary rates from minimum
						to maximum to which a class may be assigned as set forth in the salary
						schedules. Pay ranges among the different salary schedules are considered to be
						higher or lower than, or the same as the others on the basis of the maximum
						salary rate. In a salary schedule with single rate pay ranges, the single rate
						is considered the maximum rate of the range.
"Permanent appointment" means an appointment without a
						limitation date to a permanent position that allows the employee to become a
						civil service member.
"Permanent position" means a position without time
						limitation.
"Position description" means an official written
						description, approved by the appointing authority, of the duties and
						responsibilities assigned to and required of a specific position.
"Pricing" means the process of assigning classes to pay
						ranges based on appropriate factors.
"Probationary period" means a specified period which
						serves as the final test of an employee's qualifications for the
						position.
"Rating" means the score or measure of performance of an
						applicant in an examination.
"Reallocation" means the movement of a position from one
						class to another class.
"Reallocation downward" means the reallocation of a
						position to a class assigned to a lower pay range in the same salary
						schedule.
"Reallocation upward" means the reallocation of a
						position to a class assigned to a higher pay range in the same salary
						schedule.
"Reclassification" means a change in the class to which a
						position is allocated based on a change in the classification system.
"Recruitment" means the process of locating applicants
						for employment.
"Related class" means a class which requires
						substantially similar knowledge, skills, and abilities as another class.
"Repricing" means the reassignment of classes from one
						pay range to another in the same salary schedule based on appropriate
						factors.
"Resignation" means an action by an employee severing the
						employee's employment relationship.
"Salary schedule" means a table of pay rates and ranges
						as established through collective bargaining, by executive order, or as
						otherwise authorized by law.
"Select priority list" means a list composed of a former
						employee of the department who was released under the conditions covered by
						section
						386-142,
						Hawaii Revised Statutes.
"Selective certification" means the process of
						certification that is limited to those persons possessing distinctive or unique
						knowledge, skills, abilities, and other characteristics deemed critical to the
						successful performance of the work of a specific position.
"Series of classes" means classes similar as to subject
						matter of work, but differing in level of difficulty, responsibility, and
						qualifications required.
"Sick leave" means a leave of absence with pay as
						authorized by law, because of illness or injury.
"Suitability" means fitness for employment after
						consideration of such factors as physical and mental ability, character,
						criminal history record, and employment record.
"Superintendent" means the superintendent of the
						department who assumes the duties of chief executive as provided in chapter
						76, Hawaii Revised Statutes.
"Temporary assignment" means the assignment by the
						assistant superintendent or an appointing authority and the assumption, without
						a formal change in position, of all or a major portion of the significant
						duties and responsibilities of another position.
"Temporary reallocation" means the reallocation of a
						position because of emergency, unusual, or unique work situations for a period
						not to exceed six months, provided that the period may be extended for good
						reason for additional six-month periods with the prior approval of the
						assistant superintendent.
"Vacation" means a leave of absence with pay as
						authorized by law, granted at the request of an employee for the purpose of
						rest and relaxation or for the personal convenience of the employee and
						calculated as required by law and this chapter.
"Voluntary demotion" means a demotion requested by an
						employee and approved by the assistant superintendent and the appointing
						authorities concerned.
"Week" means a period of seven consecutive calendar days,
						beginning on Sunday and ending seven days later on Saturday.