reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 22.1 - PROCEEDINGS BEFORE THE BOARD › Section 14-22.1-2 - Appearances and practices before the board

Current through June, 2024
(a) A
				person may appear in the person's own behalf; and a public employer may appear
				in its own behalf or through a person or persons duly designated and authorized
				by the employer.
(b) In any
				proceeding under these rules, any person or public employer may be represented
				by counsel or any other person to whom written or verbal authority has been
				given.
(c) When an individual
				acting in a representative capacity appears in person or signs a paper in
				practice before the board, the personal appearance or signature shall
				constitute a representation to the board that, under these rules and the law,
				that person is authorized and qualified to represent the particular person. The
				board may at any time require any person transacting business with the board in
				a representative capacity to show that person's authority and qualification to
				act as a representative.
(d)
				Limitations to appearances before the board are as follows:
(1) No individual who has been associated
				with the board as a member, officer, employee, or counsel shall be permitted to
				appear before the board as a representative of any party in any proceeding or
				matter that the individual has handled or passed upon while associated with the
				board.
(2) No person or agency
				appearing before the board in any proceeding or matter shall, in relation
				thereto, knowingly accept assistance from and compensate any individual who
				would be barred by this subsection.
(3) No person who has been associated with
				the board as a member, officer, employee, or counsel shall be permitted to
				appear before the board as a representative of any party in any proceeding or
				matter that was pending before the board at the time of that person's
				association with the board, unless that person first obtains a written consent
				from the board.
This subsection shall not apply to any individual or agency
				  that has terminated association with the board for a period of one
				  year.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 22.1 - PROCEEDINGS BEFORE THE BOARD › Section 14-22.1-3 - Disqualification of board member, hearing officer or other staff

Current through June, 2024
Any party to a hearing may file an affidavit that one or more
				  of the board members, subject matter experts, legal counsels, or a hearing
				  officer has a personal bias or prejudice. The affidavit shall state the facts
				  and reasons for the belief that bias or prejudice exists and shall be filed at
				  least five days before the hearing, or good cause shall be shown for the
				  failure to file it within that time. The person against whom the affidavit is
				  so filed may answer the affidavit or may file a disqualifying certificate with
				  the board. If the person chooses to answer the affidavit, the board shall
				  decide by a majority of all the members (or the remaining members, where a
				  board member is involved) whether that person should be disqualified from
				  proceeding therein. Any person may file with the chairperson a certificate
				  providing that the person is unable, for any reason, to participate with
				  impartiality in the pending hearing.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 22.1 - PROCEEDINGS BEFORE THE BOARD › Section 14-22.1-4 - Consolidation

Current through June, 2024
The board, upon its own initiative or upon motion, may
				  consolidate two or more appeals that involve substantially the same parties or
				  issues.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 22.1 - PROCEEDINGS BEFORE THE BOARD › Section 14-22.1-5 - Filing of documents

Current through June, 2024
(a) All documents
				required to be filed with the board in any proceeding shall be filed at the
				office of the board at Honolulu, Hawaii, during normal working hours and within
				the time limits prescribed by law, the rules of the board or by order of the
				board. The date on which the papers are received shall be regarded as the date
				of filing.
(b) Appeals shall
				identify the issue on appeal, including a concise statement of the relevant
				facts, and the remedy sought, including the rationale and legal basis, as
				appropriate, for the remedy.
(c)
				All requests and appeals filed with the board shall be handwritten,
				typewritten, photocopied, or printed; shall be plainly legible; and shall be on
				strong, durable paper no larger than
				8-1/2 x 11"
				in size, except that maps, charts, tables, and other like documents may be
				larger, folded to the size of the papers to which they are attached.
(d) The original of all documents must be
				signed in indelible ink by the party or the party's duly authorized agent. The
				signature of the person signing the document constitutes a certification that
				the person has read the document; that to the best of that person's knowledge,
				information, and belief, every statement contained therein is true and is not
				misleading; and that it is not interposed for delay.
(e) Unless otherwise specifically provided by
				a particular rule or order of the board, an original and six copies of all
				papers shall be filed.
(f) All
				documents filed by any person or agency in any proceeding shall state on the
				first page thereof the name, mailing address, and telephone number, if any, of
				the individual or individuals who may be served with any documents filed in the
				proceeding.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 22.1 - PROCEEDINGS BEFORE THE BOARD › Section 14-22.1-6 - Amendment of documents and dismissal

Current through June, 2024
If any document filed in a proceeding is not in substantial
				  conformity with the applicable rules of the board as to contents thereof, is
				  not in compliance with the procedures of the board, or is otherwise
				  insufficient, the board may, on its own motion or on motion of any party,
				  strike the document or require its amendment. If amended, the document shall be
				  effective as of the date of receipt of the amendment.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 22.1 - PROCEEDINGS BEFORE THE BOARD › Section 14-22.1-7 - Retention of documents

Current through June, 2024
All documents filed with or presented to the board shall be
				  retained in the files of the board as required by law and in accordance with
				  the State administrative requirements in effect at that time. The board may
				  permit the withdrawal of original documents upon submission of properly
				  authenticated copies to replace the documents.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 22.1 - PROCEEDINGS BEFORE THE BOARD › Section 14-22.1-8 - Computation of time

Current through June, 2024
In computing any period of time prescribed or allowed by
				  these rules, the day of the act, event, or default, after which the designated
				  period of time is to run, is not to be included. The last day of the period so
				  computed is to be included unless it is a Saturday, Sunday, or legal holiday in
				  the State, in which event the period runs until the next day which is not a
				  Saturday, a Sunday, or a holiday. Intermediate Saturdays, Sundays, and holidays
				  shall not be included in a computation when the period of time prescribed or
				  allowed is ten days or less.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 22.1 - PROCEEDINGS BEFORE THE BOARD › Section 14-22.1-9 - Continuances or extensions of time

Current through June, 2024
(a) Whenever a
				person or agency has a right or is required to take action within a period
				prescribed or allowed by these rules, the board may, upon motion and the
				concurrence of a majority of all the members to which the board is entitled,
				permit the act to be done after expiration of the specified period if the
				delinquency is shown to have been unavoidable and excusable.
(b) The board may grant an extension of the
				usual time limits contained in section 14-25.1-2 to refile an appeal to those
				appellants whose timely appeal to the civil service commission was not heard
				before its expiration on June 30, 2002.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 22.1 - PROCEEDINGS BEFORE THE BOARD › Section 14-22.1-10 - Service of process

Current through June, 2024
(a) The board shall
				cause to be served all orders, notices, and other papers issued by it, together
				with any other papers that it is required by law to serve. All other papers
				shall be served by the parties filing them.
(b) All papers served by either the board or
				any party shall be served upon all parties or their counsel. Any counsel
				entering an appearance after the proceeding shall notify all other counsel then
				of record and all parties not represented by counsel of that fact.
(c) The final order, and any other paper
				required to be served by the board upon the parties, shall be served upon the
				parties and a copy shall be furnished to any counsel of record.
(d) Service of papers shall be made
				personally or, unless otherwise provided by law, by first-class mail to the
				last known address.
(e) Service
				upon parties, other than the board, shall be regarded as complete by mail upon
				deposit in the United States mail, properly stamped, and properly addressed to
				the parties involved.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 22.1 - PROCEEDINGS BEFORE THE BOARD › Section 14-22.1-11 - Board decision

Current through June, 2024
All final orders, opinions, or rulings entered by the board
				  in the proceeding shall be served upon the parties participating in the
				  proceeding by regular mail or personal delivery by the board. The material
				  shall be available for inspection and copies thereof may be obtained as
				  provided under section
				  14-21.1-12.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 23.1 - RULES APPLICABLE TO RULEMAKING PROCEDURES › Section 14-23.1-1 - Initiation of rulemaking proceedings

Current through June, 2024
(a) The board may,
				at any time on its own motion, initiate proceedings for the adoption, amendment
				or repeal of any rule of the board. Procedures to be followed in rulemaking
				shall be as set forth in rules of the board and the applicable
				statutes.
(b) Any interested person
				or agency may petition the board for the adoption, amendment, or repeal of any
				rule of the board. Petitions for rulemaking filed with the board will become
				matters of public record.
(1) Petitions for
				rulemaking shall conform to the requirements of section 14-22.1-5 and shall
				contain: the name, address and telephone number of each petitioner; the
				signature of each petitioner; a draft or the substance of the proposed rule or
				amendment or a designation of the provisions the repeal of which is desired; a
				statement of the petitioner's interest in the subject matter; and a statement
				of the reasons in support of the proposed rule, amendment, or repeal. The
				original and five copies of the petition and other documents shall be filed
				with the board.
(2) The board
				shall, within thirty days after the filing of a petition for rulemaking, either
				deny the petition or initiate public rulemaking proceedings.
(3) Any petition that fails in material
				respect to comply with the requirements of this section or that fails to
				disclose sufficient reasons to justify the institution of rulemaking
				proceedings will not be considered by the board. The board shall notify the
				petitioner in writing of the denial, stating the reasons therefor. Denial of a
				petition shall not operate to prevent the board from acting, on its own motion,
				on any matter disclosed in the petition. Petitioner may seek a review of the
				denial through the circuit court pursuant to the chapter
				91, Hawaii Revised Statutes, and
				applicable rules of court and statutes.
(4) If the board determines that the petition
				is in order and that it discloses sufficient reasons in support of the proposed
				rulemaking to justify the institution of rulemaking proceedings, the procedures
				to be followed shall be as set forth in sections 14-23.1-3 through 14-23.1-6
				and the applicable statutes.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 23.1 - RULES APPLICABLE TO RULEMAKING PROCEDURES › Section 14-23.1-2 - Notice of public hearing

Current through June, 2024
(a) When, pursuant
				to a petition therefor or upon its own motion, the board proposes to adopt,
				amend, or repeal a rule, a notice of proposed rulemaking shall be published in
				accordance with existing rules or policies pertaining to public notices and the
				notices shall also be mailed to all persons or agencies that have made timely
				written requests for advance notice of the board's rulemaking proceedings. All
				notices shall be published at least thirty days before the date set for public
				hearing.
(b) A notice of the
				proposed adoption, amendment, or repeal of a rule shall include:
(1) A statement of the date, time, and place
				where the public hearing will be held;
(2) Reference to the authority under which
				the adoption, amendment, or repeal of a rule is proposed;
(3) A statement of the substance of the
				proposed rule.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 23.1 - RULES APPLICABLE TO RULEMAKING PROCEDURES › Section 14-23.1-3 - Conduct of hearing

Current through June, 2024
(a) The public
				hearing for the adoption, amendment, or repeal of rules shall be heard before
				the board and presided over by the chairperson of the board or, in the
				chairperson's absence, by another member designated by the board. The hearing
				shall be conducted in a way as to afford interested persons and agencies a
				reasonable opportunity to offer testimony with respect to the matters specified
				in the notice of hearing and so as to obtain a clear and orderly record. The
				presiding officer shall have authority to administer oaths or affirmations and
				to take all other actions necessary to the orderly conduct of the
				hearing.
(b) Each hearing shall be
				held at the time and place set in the notice of hearing but may, at that time
				and place, be continued by the presiding officer from day to day or to a later
				date or to a different place without notice other than the announcement thereof
				at the hearing.
(c) At the
				commencement of the hearing, the presiding officer shall read the notice of
				hearing and shall then outline briefly the procedure to be followed. Testimony
				shall then be received with respect to the matters specified in the notice of
				hearing in the order the presiding officer shall prescribe.
(d) All witnesses shall, before proceeding to
				testify, state their name, address, and whom they represent at the hearing, and
				shall give information respecting their appearances as the presiding officer
				may request. The presiding officer shall confine the testimony to the matters
				for which the hearing has been called but shall not apply the technical rules
				of evidence. Every witness shall be subject to questioning by the members of
				the board or by any other representative of the board; cross-examination by
				persons or agencies shall be permitted.
(e) All interested persons or agencies will
				be afforded an opportunity to submit data, views, or arguments, orally or in
				writing, that are relevant to the matters specified in the notice of hearing.
				The period for filing written comments or recommendations may be extended
				beyond the hearing date by the presiding officer for good cause. An original
				and four copies are requested when submitting written comments,
				recommendations, or replies.
(f)
				Unless otherwise specifically ordered by the board, testimony given at the
				public hearing shall not be reported verbatim. All supporting written
				statements, maps, charts, tabulations, or similar data offered in evidence at
				the hearing, and which are deemed by the presiding officer to be authentic and
				relevant, shall be received in evidence and made a part of the record. Unless
				the presiding officer finds that the furnishing of copies is impracticable,
				five copies of the exhibits shall be submitted.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 23.1 - RULES APPLICABLE TO RULEMAKING PROCEDURES › Section 14-23.1-4 - Board action

Current through June, 2024
The board will consider all relevant comments and material of
				  record before taking final action in a rulemaking proceeding. Final action
				  should be taken within sixty days after the final public hearing, or the
				  expiration of any extension period for submission of written comments or
				  recommendations.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 23.1 - RULES APPLICABLE TO RULEMAKING PROCEDURES › Section 14-23.1-5 - Emergency rulemaking

Current through June, 2024
Notwithstanding the foregoing rules, if the board finds that
				  an imminent peril to public health or safety requires adoption, amendment, or
				  repeal of a rule upon less than twenty days notice of hearing, and states in
				  writing its reasons for that finding, it may proceed without prior notice or
				  hearing or upon abbreviated notice and hearing as it finds practicable to adopt
				  an emergency rule. The board shall make an emergency rule known to persons who
				  will be affected by it by publication in accordance with existing rules or
				  policies pertaining to public notices.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 23.1 - RULES APPLICABLE TO RULEMAKING PROCEDURES › Section 14-23.1-6 - Filing of rules

Current through June, 2024
The board, upon adopting, amending or repealing a rule and
				  approval by the governor, shall file certified copies thereof with the
				  lieutenant governor, the legislative auditor and the legislative reference
				  bureau in accordance with the requirements of sections
				  91-4,
				  91-4.1
				  and
				  91-4.2,
				  Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 23.1 - RULES APPLICABLE TO RULEMAKING PROCEDURES › Section 14-23.1-7 - Taking effect of rules

Current through June, 2024
Each rule adopted, amended or repealed shall become effective
				  ten days after filing with the lieutenant governor. If a later effective date
				  is required by statute or specified in the rule, the later date shall be the
				  effective date; provided that no rule shall specify an effective date in excess
				  of thirty days after the filing of the rule with the lieutenant governor. An
				  emergency rule shall become effective upon filing with the lieutenant governor
				  for a period not exceeding one hundred twenty days without renewal unless
				  extended in compliance with the provisions of subdivisions (1) and (2) of
				  section
				  91-4(b),
				  Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 23.1 - RULES APPLICABLE TO RULEMAKING PROCEDURES › Section 14-23.1-8 - Publication of rules

Current through June, 2024
The board shall, as soon as practicable, compile, index,
				  print, or otherwise make available all rules adopted by the board and remaining
				  in effect.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 24.1 - RULES APPLICABLE TO DECLARATORY RULINGS › Section 14-24.1-1 - Petitions for declaratory rulings

Current through June, 2024
(a) On petition of
				an interested person or agency, the board may issue a declaratory order as to
				the applicability of any rule or order of the board.
(b) The petition shall be prepared in a
				manner prescribed by the board and the original and five copies thereof shall
				be filed with the board. The petition shall conform to the requirements of
				section 14-22.1-5, and shall contain the name, address, and telephone number of
				each petitioner; the signature of each petitioner; a designation of the
				specific rule or order in question, together with a statement of the
				controversy or uncertainty involved; a statement of the petitioner's interest
				in the subject matter, including the reasons for submission of the petition; a
				statement of the petitioner's position or contention; and a memorandum of
				authorities, containing a full discussion of reasons and legal authorities, in
				support of the position or contention.
(c) Within sixty days after the submission of
				a petition for declaratory ruling, the board shall either deny the petition in
				writing, stating the reasons for the denial, or issue a declaratory order on
				the matters contained in the petition, or set the matter for hearing, as
				provided in section 14-24.1-2. If the matter is set for hearing, the board
				shall render its findings and decision within sixty days after the close of
				that hearing.
(d) The board may,
				without notice or hearing, dismiss a petition for declaratory ruling that fails
				in material respect to comply with the requirements of this part or for other
				reasons as determined by the board.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 24.1 - RULES APPLICABLE TO DECLARATORY RULINGS › Section 14-24.1-2 - Request for hearing

Current through June, 2024
The board will usually act on a petition for a declaratory
				  ruling without conducting a hearing. Any petitioner or party in interest who
				  desires a hearing on a petition for a declaratory ruling shall set forth in
				  detail the reasons why the matters alleged in the petition together with
				  supporting affidavits or other written evidence and briefs or memoranda of
				  legal authorities, will not permit the fair and expeditious disposition of the
				  petition and, to the extent that the request for a hearing is dependent upon
				  factual assertion, shall accompany the request by affidavit establishing facts.
				  The board may, in its discretion, order a hearing. In the event a hearing is
				  granted by the board, section
				  91-9,
				  Hawaii Revised Statutes, shall govern the proceedings.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 24.1 - RULES APPLICABLE TO DECLARATORY RULINGS › Section 14-24.1-3 - Applicability of order

Current through June, 2024
An order disposing of a petition shall be applicable only to
				  the factual situation described in the petition or set forth in the
				  order.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 24.1 - RULES APPLICABLE TO DECLARATORY RULINGS › Section 14-24.1-4 - Declaratory ruling on board's own motion

Current through June, 2024
Notwithstanding the other provisions of this chapter, the
				  board may, on its own motion or upon request but without notice or hearing,
				  issue a declaratory order to terminate a controversy or to remove
				  uncertainty.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 24.1 - RULES APPLICABLE TO DECLARATORY RULINGS › Section 14-24.1-5 - Refusal to issue declaratory ruling

Current through June, 2024
The board may, for good cause, refuse to issue a declaratory
				  ruling with specific reasons for that determination. Without limiting the
				  generality of the foregoing, the board may so refuse where:
(1) The question is speculative or purely
				hypothetical and does not involve existing facts, or facts that can be expected
				to exist in the near future;
(2)
				The petitioner's interest is not of the type that would give the petitioner
				standing to maintain an action if the petitioner were to seek judicial
				relief;
(3) The issuance of the
				declaratory ruling may affect the interests of the board in a litigation that
				is pending or may reasonably be expected to arise; or
(4) The matter is not within the jurisdiction
				of the board.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 25.1 - RULES APPLICABLE TO APPEALS › Section 14-25.1-1 - Standing to appeal

Current through June, 2024
(a) Only persons
				who have exhausted the internal complaint procedures identified in section
				14-21.1-3(d) and whose appeal is not barred by other provisions of section
				14-21.1-3 shall have standing to file an appeal with the merit appeals
				board.
(b) The merit appeals board
				shall decide appeals from actions taken by the chief executive, the director,
				an appointing authority, or a designee acting on behalf of one of these
				individuals, as follows to:
(1) Recruitment
				and examination for civil service positions. Any person suffering legal wrong
				by that action or aggrieved by that action may file an appeal. An employee
				serving an initial probationary appointment who alleges wrongful termination
				for failure to successfully complete the initial probation period may also file
				an examination appeal;
(2)
				Classification and reclassification of a civil service position. A civil
				service employee occupying the position as of the effective date of the
				classification action, and any subsequent civil service employee in the
				position up to the date of the notice of final action, who has suffered a legal
				wrong by that action may file a classification or reclassification
				appeal;
(3) Initial pricing of a
				new class. A civil service incumbent of a position in a new class as of the
				effective date of the initial pricing action may file an appeal if the employee
				has suffered a legal wrong by that action; and
(4) Other employment actions taken against
				civil service employees who are excluded from collective bargaining coverage
				under section
				89-6,
				Hawaii Revised Statutes, if the employee suffers a legal wrong by the action.
				These actions include:
(A) disciplinary
				actions, such as dismissals, demotions, and suspensions;
(B) adverse actions for failure to meet
				performance requirements, such as dismissals, demotions, or reduction in pay;
				and
(C) other employment actions if
				the employee suffers a legal wrong by the action.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 25.1 - RULES APPLICABLE TO APPEALS › Section 14-25.1-2 - Filing of appeal

Current through June, 2024
(a) Any person who
				has exhausted all internal complaint procedures and who has standing to appeal
				shall appeal to the board in the following manner:
(1) An appeal by an applicant on a
				recruitment, examination, or suitability for employment matter, or by an
				initial probationary employee, who has been determined to have failed initial
				probation, shall be filed with the merit appeals board within twenty days from
				the date on the notification from the director or appointing
				authority.
(2) An appeal by an
				employee on matters relating to the classification and reclassification of a
				particular position shall be filed with the merit appeals board within thirty
				days after the date of the notice of final action by the director or appointing
				authority.
(3) An appeal by an
				employee on matters relating to the initial pricing of classes shall be filed
				with the merit appeals board within thirty days after the date of the notice of
				final action by the director.
(4)
				An appeal by an employee on an employment action as provided by section
				14-25.1-1(b)(4), shall be filed with the merit appeals board within thirty days
				after notice of final action by the director or appointing authority.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 25.1 - RULES APPLICABLE TO APPEALS › Section 14-25.1-3 - Notice

Current through June, 2024
All parties shall be given written notice of hearing by
				  registered or certified mail with return receipt requested at least fifteen
				  days before the hearing. If service by registered or certified mail is not made
				  because of the refusal to accept service or the board or its agents have been
				  unable to ascertain the address of the party after reasonable and diligent
				  inquiry, the notice of hearing may be given to the party by publication at
				  least once in each of two successive weeks in accordance with existing rules or
				  policies pertaining to public notices. The last published notice shall appear
				  at least fifteen days before the date of the hearing. The notice shall conform
				  with section
				  14-21.1-9.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 25.1 - RULES APPLICABLE TO APPEALS › Section 14-25.1-4 - Appeal hearing

Current through June, 2024
(a) An appeal shall
				be conducted as a contested case under chapter
				91, Hawaii Revised Statutes. The board
				shall order the matter set for hearing. In any appeal, all parties shall be
				afforded an opportunity for hearing after reasonable notice. Opportunities
				shall be afforded all parties to present evidence and argument on all issues
				involved. Any procedure in a contested case may be modified or waived by
				stipulation of the parties and informal disposition may be made of any appeal
				by stipulation, agreed settlement, consent order, or default; provided that
				waiver of any procedure includes procedural requirements of section
				91-11,
				Hawaii Revised Statutes.
(b)
				Hearings shall be held at the time and place set forth in the notice of
				hearing, but may, at that time and place, be continued from day to day or to a
				later day or to a different place without notice other than the announcement
				thereof by the presiding officer or hearing officer at the hearing.
(c) The chairperson or hearing officer may
				grant a continuance before the convening of a hearing, provided:
(1) the party requesting the continuance must
				submit a written request for the continuance, stating the specific reasons for
				the request;
(2) the written
				request must be received by the board no later than ten days after the hearing
				notice is issued and not less than ten days before the scheduled hearing
				date;
(3) the moving party must
				simultaneously serve a copy of the continuance request on any other
				party/parties;
(4) an opposing
				party must submit its objections to the board and any other party/parties
				within five days of the request for continuance and not less than five days
				before the scheduled hearing date;
(5) if the chairperson or hearing officer
				grants the continuance, written notice of the continuance and the reasons
				thereto shall be provided to the parties;
(6) nothing herein shall prevent the
				chairperson or the hearing officer from granting a continuance where all
				parties are agreeable to the continuance. If an opposing party fails to
				properly submit its objections, the party shall be deemed agreeable to the
				continuance; and
(7) when a
				continuance is granted under this paragraph, notice of the new hearing date
				shall be as prescribed by § 14-25.1-3 of these Rules.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 41 - GENERAL PROVISIONS › Section 14-41-1 - Purpose

Current through June, 2024
Chapter
				  88 E, Hawaii Revised Statutes,
				  authorizes the board of trustees of the State of Hawaii deferred compensation
				  plan to establish the State of Hawaii deferred compensation plan. Chapters 41
				  to 44 of Title 14, Administrative Rules, are adopted by the board to implement
				  administration of the plan.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 41 - GENERAL PROVISIONS › Section 14-41-3 - Office of the board

Current through June, 2024
(a) The office of
				the board is located at 235 South Beretania Street, 14th floor, Honolulu,
				Hawaii 96813.
(b) The office of the
				board shall be open from 7:45 a.m. to 4:30 p.m. of each weekday unless
				otherwise provided by statute or executive order.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 41 - GENERAL PROVISIONS › Section 14-41-4 - Appearances before the board

Current through June, 2024
A party to a proceeding before the board may appear in person
				  or may be represented by or with counsel or other person chosen as a
				  representative. The board at any time may require evidence of authority and
				  qualification to act in a representative capacity.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 41 - GENERAL PROVISIONS › Section 14-41-5 - Government records and information

Current through June, 2024
(a) The term
				"government record," as used in this chapter, shall be as defined in section
				92F-3, Hawaii Revised
				Statutes.
(b) All government
				records shall be available for inspection in the office of the board during
				established office hours, in accordance with chapter
				92F, Hawaii Revised
				Statutes.
(c) Government records
				printed or reproduced by the board shall be made available to any person with
				the cost of printing or reproducing a government record as specified in section
				92-21, Hawaii Revised
				Statutes.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 42 - ADOPTION, AMENDMENT, OR REPEAL OF RULES › Section 14-42-1 - Petition

Current through June, 2024
An interested person may petition the board for the adoption,
				  amendment, or repeal of any rule of the board. The petition shall be submitted
				  in duplicate and filed with the board.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 42 - ADOPTION, AMENDMENT, OR REPEAL OF RULES › Section 14-42-2 - Form of petition

Current through June, 2024
(a) The petition
				need not be in any special form but shall contain:
(1) The petitioner's name, address, zip code,
				and telephone number;
(2) A
				statement of the nature of the petitioner's interest;
(3) An explicit statement of the reasons in
				support of the proposed rule, amendment, or repeal;
(4) A draft of the substance of the proposed
				rule, amendment, or repeal and the designation of any existing rules affected
				by the petition; and
(5) The
				signature of the petitioner.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 42 - ADOPTION, AMENDMENT, OR REPEAL OF RULES › Section 14-42-3 - Disposition of petition

Current through June, 2024
Upon submission of the petition, the board, within thirty
				  days, shall either deny the petition in writing, stating its reasons for the
				  denial, or initiate proceedings for the adoption, amendment, or repeal of the
				  rule. Upon disposition of the petition, the board shall promptly notify the
				  petitioner of the board's ruling.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 42 - ADOPTION, AMENDMENT, OR REPEAL OF RULES › Section 14-42-4 - Rulemaking

Current through June, 2024
The board at any time, on its own initiative, may institute
				  proceedings in accordance with chapter
				  91, Hawaii Revised Statutes, for the
				  adoption, amendment or repeal of rules.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 43 - DECLARATORY RULING › Section 14-43-1 - Petition

Current through June, 2024
An interested person may petition the board for a declaratory
				  order as to the applicability of any statutory provision administered by the
				  board or any rule or order of the board. The petition shall be submitted in
				  duplicate and filed with the board.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 43 - DECLARATORY RULING › Section 14-43-2 - Form of petition

Current through June, 2024
(a) The petition
				need not be in any special form but shall contain:
(1) The petitioner's name, address, zip code,
				and telephone number;
(2) A
				statement of the nature of the petitioner's interest;
(3) A designation of the specific statutory
				provision, rule, or order in question;
(4) A complete statement of the relevant
				facts;
(5) A statement of the
				interpretation given the statutory provision, rule, or order by the
				petitioner;
(6) A memorandum
				containing the reasons, including any legal authorities, in support of the
				interpretation of the petitioner; and
(7) The petitioner's
				signature.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 43 - DECLARATORY RULING › Section 14-43-3 - Non-issuance of declaratory order

Current through June, 2024
The board, for good cause, may refuse to issue a declaratory
				  order. Without limiting the generality of the foregoing, the board may so
				  refuse where:
(1) The question is
				speculative or purely hypothetical and does not involve an existing situation
				or a situation which may reasonably be expected to occur in the near
				future;
(2) The petitioner's
				interest is not of the type which confers sufficient standing to maintain an
				action in a court of law;
(3) The
				issuance of the declaratory order may adversely affect the interest of the
				State, the board, or any officer or employee of the State involved in pending
				litigation or litigation which may reasonably be expected to arise;
				or
(4) The petition requests a
				ruling on a statutory provision not administered by the board or the matter is
				not otherwise within the jurisdiction of the board.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 43 - DECLARATORY RULING › Section 14-43-4 - Disposition of petition

Current through June, 2024
Within a reasonable time after the submission of the
				  petition, the board shall either deny the petition in writing, stating its
				  reasons for the denial, or issue a declaratory ruling on the matters contained
				  in the petition. Upon disposition of the petition, the board shall promptly
				  notify the petitioner of the board's ruling.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 43 - DECLARATORY RULING › Section 14-43-5 - Applicability of orders

Current through June, 2024
An order disposing of a petition shall be applicable only to
				  the fact situation alleged in the petition or as set forth in the order. The
				  order shall not be applicable to different fact situations or to situations
				  where additional facts not considered in the order exist.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 1 - ENROLLMENT › Section 14-44-1 - Eligibility requirements

Current through June, 2024
A person shall be eligible to enroll in the plan only if
					 the person is:
(1) Eligible to
				  participate in the employees' retirement system of the State of Hawaii;
				  and
(2) Employed by the State of
				  Hawaii or a county which has an agreement with the State of Hawaii to extend
				  the plan to employees of the county.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 1 - ENROLLMENT › Section 14-44-2 - Application for enrollment

Current through June, 2024
(a) An application
				  for enrollment shall be made on the participation agreement form prescribed by
				  the board and shall be filed with the administrator.
(b) An applicant for enrollment shall enter
				  on the participation agreement form the following:
(1) Identifying information, including name,
				  social security number, date of birth, home address, and home telephone
				  number;
(2) Employment information,
				  including employer, department, division, business telephone number, and annual
				  salary;
(3) Designations allowed
				  under the plan, including investment preference, amount of compensation to be
				  deferred per pay period per investment product, normal retirement age, and
				  beneficiary; and
(4) Signature to
				  indicate that the applicant:
(A) Agrees to the
				  provisions of the plan, which are incorporated by reference;
(B) Authorizes disclosure of any information
				  necessary for the administration of the plan; and
(C) Certifies that the information furnished
				  on the form is true and correct to the best of the applicant's knowledge and
				  belief.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 1 - ENROLLMENT › Section 14-44-3 - Acceptance; effective date

Current through June, 2024
(a) The
				  participation agreement shall be effective upon acceptance by the administrator
				  on behalf of the board and shall remain in effect unless it is modified by the
				  participant or otherwise rendered ineffective by the plan or this
				  chapter.
(b) The administrator
				  shall give each participant a copy of the participation agreement which has
				  been accepted by the board.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 1 - ENROLLMENT › Section 14-44-4 - Rejection; notification

Current through June, 2024
(a) A participation
				  agreement shall be rejected if:
(1) The
				  participation agreement is incomplete;
(2) An entry in the participation agreement
				  is inconsistent with the plan or this chapter; or
(3) The applicant does not meet the
				  eligibility requirements.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 1 - ENROLLMENT › Section 14-44-5 - Changes in participation agreement

Current through June, 2024
(a) It shall be the
				  responsibility of a participant to notify the administrator in writing of any
				  change in an entry on the participation agreement.
(b) Upon receipt of a notification of change,
				  the administrator shall promptly inform the participant whether the change
				  requires:
(1) An amended participation
				  agreement to be filed and accepted by the board; or
(2) Proof or documentation to substantiate
				  the change.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 1 - ENROLLMENT › Section 14-44-6 - Re-enrollment

Current through June, 2024
A former participant may again apply for enrollment in the
					 plan by filing a participation agreement with the
					 administrator.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 2 - DEFERRALS › Section 14-44-7 - Deferrals allowed; authorization; commencement

Current through June, 2024
(a) Only
				  compensation from an employer which has not yet been paid shall be deferred
				  under the plan.
(b) Upon receipt of
				  a payroll authorization form signed by the participant, which designates the
				  amount of compensation to be deferred, compensation shall be deferred each
				  payroll date by the employer, provided there are sufficient funds to make the
				  designated deferral, or the deferred amount is in accordance with section
				  414(u) of the Code and as provided those amounts represent compensation
				  prescribed under the Code. The authorization form shall be transmitted by the
				  administrator to the state comptroller or county director of finance, as
				  applicable.
(c) The participant
				  shall designate the amount to be deferred as either a pre-tax or Roth
				  contribution, as allowable under section 457 of the Code.
(d) An amount designated to be deferred as a
				  Roth contribution shall be treated as a designated Roth contribution, and in
				  accordance with sections
				  14-44-39 to
				  14-44-43.
(e) Deferrals shall commence as soon as
				  practicable, but not earlier than the first day of the next calendar month
				  following the date on which the board accepts the participation
				  agreement.