Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 62 - MERIT APPEALS BOARD › Subchapter 1 - GENERAL APPLICABILITY › Section 8-62-2 - Definitions

Current through June, 2024
As used in this chapter:
"Adverse action" means an involuntary separation from
						service, an involuntary demotion, involuntary transfer, a suspension without
						pay, a reduction in pay, or denial or delay of a standard pay adjustment.
						Adverse action does not include a notice to improve performance, a performance
						improvement period, or a return to the employee's former position or comparable
						position as required by law because of a failure to successfully complete a new
						probationary period.
"Aggrieved" means an individual who has suffered a loss
						such as the denial of some personal or property right. As used in section
						8-62-33(b)(1),
						concerning examination appeals, it includes, in addition to other examination
						issues, a person whose application has been rejected for failure to meet the
						qualification requirements for a class, a person who has been terminated during
						an initial probationary period for failure to successfully complete an initial
						probationary period, and a person whose non-selection involved
						improprieties.
"Appointing authority" means the superintendent or
						designee having power to make appointments or changes in status of employees in
						the department of education.
"Assistant superintendent" means the assistant
						superintendent for human resources.
"Board" means the department of education merit appeals
						board.
"Chairperson" means the chairperson of the board.
"Civil service employee" means an employee who meets all
						requirements for membership in the civil service.
"Classification" means the assignment of a civil service
						position to a class of work.
"Day" means a calendar day unless otherwise
						specified.
"Employee" means a person holding a position in the
						service of the department of education, irrespective of status or type of
						appointment; provided that, if the context clearly applies only to an employee
						who is a member of the civil service, "employee" means a civil service
						employee.
"Employer" means the department of education, and any
						individual who represents or acts in the interest of the department in dealing
						with public employees in the department of education.
"Examination" means any test or accepted personnel
						assessment technique used to measure the fitness and ability of applicants for
						employment which may include, but is not limited to: written tests, oral tests,
						interviews, essays, tests of physical fitness or ability, medical examinations,
						performance tests, training and experience evaluations, background and
						suitability determinations, probation periods, in-basket assessments, biodata
						assessments, personality measures, and assessment center evaluations.
"Ex parte communications" means private communications or
						arguments with members of the board or the presiding officer as to the merits
						of a proceeding that could be construed as influencing the outcome of the
						case.
"Hearing" means any proceeding governed by sections
						76-14
						and
						76-47,
						Hawaii Revised Statutes.
"Hearings officer" means a competent and qualified
						disinterested person appointed by the board to hear an appeal.
"Initial pricing" means the determination of the
						appropriate pay range and pay relationships for a new class based on
						appropriate factors.
"Mediation" means the process whereby a neutral third
						party or "mediator" is authorized in order to make a decision or to deliberate
						toward a decision upon a matter over which the board has supervision, control,
						jurisdiction, or advisory power.
"Meeting" means the convening of the board for which a
						quorum is required in order to make a decision or to deliberate toward a
						decision upon a matter over which the board has supervision, control,
						jurisdiction, or advisory power.
"Merit appeals board" means the department of education's
						appellate body consisting of three members appointed by the superintendent for
						purposes of section
						76-14,
						Hawaii Revised Statutes. The term of appointment of members and the appointment
						of a chairperson of the department of education merit appeals board are to be
						established by the superintendent.
"Party" means each person or agency named or admitted as
						a party or properly seeking and entitled as of right to be admitted as a party
						in a proceeding.
"Person" includes individuals, partnerships,
						corporations, associations, or public or private organizations of any character
						other than governmental agencies.
"Presiding officer" with respect to proceeding means the
						chairperson and includes any member of the board designated as such, or other
						persons authorized by law, to conduct hearings.
"Proceedings" means the board's consideration of the
						relevant facts and applicable law and action thereupon with respect to a
						particular subject within the board's jurisdiction, initiated by filing a
						submission or request or a board's notice or order. It shall include
						proceedings involving adopting, amending or repealing any rule of the board,
						whether initiated by the board order or notice or petition of any interested
						person.