reglab/statecodes huggingface dataset:
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 8-62-5 - Procedure and terms

Current through June, 2024
(a) The terms used in rules adopted by the
					 board pursuant to powers granted by statute shall have the meaning defined by
					 statute, unless the context specifically requires otherwise.
(b) A rule that defines a term without
					 express reference to the statute or to these rules or to a portion thereof,
					 defines the term for all purposes as used both in the statute and in these
					 rules, unless the context otherwise specifically requires.
(c) Words importing the singular number may
					 be extended and applied to several persons or things; words importing the
					 plural may include the singular; and words importing the masculine gender may
					 be applied to females.
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 8-62-6 - Composition of the board

Current through June, 2024
(a) The
					 superintendent of the department of education shall appoint three persons to
					 the board.
(b) The board members
					 shall be appointed for three year terms and may be reappointed without
					 limitation, or may be removed by the superintendent before the ending of the
					 term. At the initial establishment of the board, the members shall be appointed
					 to staggered terms of one, two, or three years. Subsequent appointments or
					 reappointments shall be for three years.
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 8-62-7 - Department of education merit appeals board office

Current through June, 2024
(a) The
					 office of the board is in Honolulu, Hawaii. All communication to the board
					 shall be addressed to department of education merit appeals board, c/o
					 Assistant Superintendent, Office of Human Resources, Queen Liliuokalani
					 Building, 1390 Miller Street, Honolulu, Hawaii , 96813, telephone (808)
					 586-3400, unless otherwise specifically directed.
(b) The office of the board shall be open
					 from 7:45 a.m. to 4:30 p.m. of each workday, excluding state holidays, or
					 unless otherwise provided by statute or executive order.
(c) The office of the assistant
					 superintendent will assign administrative support to the board.
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 8-62-8 - Meetings

Current through June, 2024
The board may meet and exercise its powers in any part of
						the State of Hawaii.
(a) For the
					 purpose of minimizing travel and per diem expenses, the board may utilize,
					 whenever practicable, other means such as teleconferencing which does not
					 require all parties to convene at a single site to conduct its
					 proceedings.
(b) Special meetings
					 of the board for the transaction of its business may be held at any time and
					 place as scheduled by the board.
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 8-62-9 - Minutes

Current through June, 2024
The board shall keep written minutes or recordings of all
						meetings. Unless otherwise required by law, a full transcript of the meeting is
						not required, but the written minutes or recording shall reflect matters
						discussed and the views of the participants. The minutes or recording shall
						include but need not be limited to:
(1) The date, time and place of the
					 meeting;
(2) The members of the
					 board recorded as either present or absent;
(3) The substance of all matters proposed,
					 discussed, or decided, and a record, by individual member, of any votes taken;
					 and
(4) Any other information that
					 any member of the board requests be included or reflected in the minutes and or
					 recording.
The minutes or transcript of the recording shall be a
						public record and shall be available within thirty days after request, except
						where such disclosure would be inconsistent with chapter
						92F, Hawaii Revised
						Statutes.
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 8-62-10 - Hearings

Current through June, 2024
All parties shall be afforded an opportunity for a
						hearing after reasonable notice. The notice shall include a statement
						of:
(1) The date, time, place, and
					 nature of the hearing;
(2) The
					 legal authority under which the hearing is to be held;
(3) The particular sections of the statutes
					 and rules involved;
(4) An explicit
					 statement, in plain language, of the issue(s) involved and the facts alleged by
					 the party in support thereof; provided that, if the party is unable to state
					 such issues and facts in detail at the time the notice is served, the initial
					 notice may be limited to a statement of the issue(s) involved; and
(5) The fact that any party may retain
					 counsel or any other person to whom written or verbal authority has been given
					 if the party so desires.
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 8-62-11 - Quorum and number of votes necessary to validate acts

Current through June, 2024
A majority of all members to which the board is entitled,
						two out of three members, shall constitute a quorum to transact business, and
						the concurrence of a majority of all members to which the board is entitled
						shall be necessary to validate any action of the board.
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 8-62-12 - Administration

Current through June, 2024
(a) The chairperson of the board shall be
					 responsible for the administrative functions of the board.
(b) All decisions, orders, and other actions
					 of the board shall be authenticated or signed by the board members acting in
					 the proceeding or by the chairperson upon delegation by the board members
					 acting in the proceeding. Official copies of decisions, orders, and other board
					 actions may be certified under the signature of the chairperson or the
					 chairperson's designate.
(c) All
					 documents required to be filed with the board shall be filed in the office of
					 the board in Honolulu, Hawaii, within the time limits as prescribed by the
					 rules of the board, or by the order of the board. Requests for public
					 information or the opportunity to inspect public records may be made to the
					 board's office.
(d) The board may
					 delegate to any competent and qualified individuals, the power or authority
					 vested in the board as it deems reasonable and proper to carry out its
					 functions as prescribed by chapter
					 76, Hawaii Revised Statutes, except
					 the power to make, amend, or repeal rules.
(e) The board may, by written resolution
					 adopted by a majority of the members to which it is entitled, appoint a
					 hearings officer. The hearings officer shall hear the matter in the same manner
					 as if it were before the board. Upon the conclusion of the hearing, the
					 hearings officer shall transmit to the board a record of the hearing, including
					 a recording or transcript and a summary of evidence taken at the hearing. After
					 a review of the testimony and evidence, a majority of the members, two out of
					 three members, to which the board is entitled shall render a
					 decision.
(f) The board may develop
					 and promulgate procedures needed to carry out its functions.
(g) No board member shall be held liable in
					 any civil action for damage, injury, or loss caused by or resulting from the
					 member's performance or failure to perform any duty required or authorized to
					 be performed by a person who holds the position to which the member was
					 appointed, unless the member acted with a malicious or improper purpose, except
					 when the plaintiff in a civil action is the department of education.
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 8-62-13 - Government records

Current through June, 2024
(a) The term
					 "government records" as used in this chapter is defined as in chapter
					 92F, Hawaii Revised Statutes, and
					 shall include all rules, written statements of policy or interpretations
					 formulated, adopted or used by the board, all complaints, opinions and orders,
					 written testimony, minutes of meetings of the board and any other material on
					 file in the office of the board unless accorded confidential treatment pursuant
					 to law or the rules of the board.
(b) Government records printed or reproduced
					 by the board shall be provided to any person requesting the same and who shall
					 pay the fees established by the department of education fee schedule or by
					 section
					 92-21,
					 Hawaii Revised Statutes.
(c)
					 Requests for public information, for permission to inspect government records,
					 or for copies of government records shall be handled expeditiously. Records
					 involving the board shall not be released without written approval of the
					 chairperson or the chairperson's designee.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 62 - MERIT APPEALS BOARD › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 8-62-14 - General provisions

Current through June, 2024
(a) The board may
					 hold proceedings as it may deem necessary in the performance of its duties or
					 the formation of its rules.
(b)
					 Procedures to be followed by the board shall be that which will best serve the
					 purpose of the proceeding, as determined by the board.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 62 - MERIT APPEALS BOARD › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 8-62-15 - Appearances and practices before the board

Current through June, 2024
(a) Appearances
					 before the board may be made as follows:
(1)
					 A person may appear on the person's own behalf.
(2) An employee may be represented by an
					 employee organization.
(3) An
					 employee organization may be represented by a person or persons duly designated
					 and authorized by the employee organization.
(4) A public employer may appear on its own
					 behalf or through a person or persons duly designated and authorized by the
					 employer.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 62 - MERIT APPEALS BOARD › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 8-62-16 - Disqualification of board member, legal counsel, or hearings officer

Current through June, 2024
Any party to a hearing may file an affidavit or
						declaration that one or more of the board members, legal counsel, or a hearings
						officer has a personal bias or prejudice. The affidavit or declaration 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 or declaration is so filed may answer the affidavit or declaration or
						may file a disqualifying certificate with the board. If the person chooses to
						answer the affidavit or declaration, the remaining board members where a board
						member is involved, shall decide by a majority of all the members to which the
						board is entitled whether that person shall 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. Upon completion of disqualification proceedings, a hearing
						shall continue in accordance with section
						8-62-36.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 62 - MERIT APPEALS BOARD › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 8-62-17 - 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 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 62 - MERIT APPEALS BOARD › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 8-62-18 - 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 in Honolulu, Hawaii within the time limits prescribed by
					 the rules of the board or by order of the board. The date on which the papers
					 are received constitute 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 in black ink, typewritten,
					 photo-copied, or printed; shall be plainly legible; and shall be on strong,
					 durable paper no larger than 8 ½"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) All documents shall be signed in 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,
					 all statements contained therein are true and not misleading; and are not
					 interposed for delay.
(e) Unless
					 otherwise specifically provided by a particular rule, or order of the board, an
					 original and four copies of all papers shall be filed. Facsimile copies will
					 not be accepted.
(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 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 62 - MERIT APPEALS BOARD › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 8-62-19 - Amendment of documents and dismissal

Current through June, 2024
If a document filed in a proceeding is not in conformity
						with the applicable rules of the board as to contents thereof, 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 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 62 - MERIT APPEALS BOARD › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 8-62-20 - Retention of documents

Current through June, 2024
All documents filed with or presented to the board shall
						be retained by the board. The board may permit the withdrawal of original
						documents upon submission of properly authenticated copies such as photocopies,
						microphotographs, reproduction on film, or electronic forms, as defined in
						section
						92-31,
						Hawaii Revised Statutes, to replace the documents.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 62 - MERIT APPEALS BOARD › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 8-62-21 - 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 state holiday,
						in which event the period runs until the next day which is not a Saturday,
						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
						calendar days or less. Unless otherwise indicated, computation of time shall be
						based on calendar days.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 62 - MERIT APPEALS BOARD › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 8-62-22 - Continuances or extensions of time

Current through June, 2024
Where these rules specify a deadline upon which action
						must be taken, the board may, upon motion and the concurrence of a majority of
						all the members to which the board is entitled, extend the time specified if
						the delinquency is shown to have been unavoidable and
						excusable.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 62 - MERIT APPEALS BOARD › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 8-62-23 - Service of process

Current through June, 2024
(a) The board shall
					 serve all orders, notices, and other papers it issues, together with any other
					 papers that it is required by law to serve. Such service shall be upon the
					 party, the party's representative, or counsel. All other papers shall be served
					 by the parties filing them. Any other papers filed with the board shall be
					 served upon the board.
(b) Any
					 counsel entering an appearance subsequent to the proceeding shall notify all
					 other counsel presently of record and all parties not represented by counsel of
					 that fact.
(c) Service of papers
					 shall be made upon the party, the party's representative, or counsel personally
					 or by registered or certified mail return receipt requested to the last known
					 address.
(d) 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 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 62 - MERIT APPEALS BOARD › Subchapter 2 - PROCEEDINGS BEFORE THE BOARD › Section 8-62-24 - Intervention in proceeding

Current through June, 2024
(a) In any
					 proceeding other than representation proceedings, a petition to intervene and
					 become a party thereto shall be submitted in writing to the board.
(b) The petition shall contain the following:
(1) Nature of petitioner's statutory or other
					 right;
(2) Nature and extent of
					 petitioner's interest;
(3) Effect
					 of any decision in the proceeding on petitioner's interest;
(4) Other means available whereby
					 petitioner's interest may be protected;
(5) Extent petitioner's interest may be
					 represented by existing parties;
(6) Extent petitioner's participation can
					 assist in development of a sound record;
(7) Extent petitioner's participation will
					 broaden the issue or delay the proceeding;
(8) Extent petitioner's interest in the
					 proceeding differs from that of the general public; and
(9) How the petitioner's intervention would
					 serve the public interest.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 62 - MERIT APPEALS BOARD › Subchapter 3 - RULES APPLICABLE TO RULE MAKING PROCEDURES › Section 8-62-25 - Initiation of rule making proceedings

Current through June, 2024
The board may, at any time on its own motion, initiate
						proceedings adopting, amending, or repealing any rule of the
						board.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 62 - MERIT APPEALS BOARD › Subchapter 3 - RULES APPLICABLE TO RULE MAKING PROCEDURES › Section 8-62-26 - Filing of rules

Current through June, 2024
The board, upon adopting, amending, or repealing a rule
						approved by the superintendent, shall maintain a copy of the approved rule(s)
						with the assistant superintendent.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 62 - MERIT APPEALS BOARD › Subchapter 3 - RULES APPLICABLE TO RULE MAKING PROCEDURES › Section 8-62-27 - Effective date of rules

Current through June, 2024
Each rule adopted, amended or repealed shall become
						effective ten days after approval by the board. 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 approval by the board.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 62 - MERIT APPEALS BOARD › Subchapter 3 - RULES APPLICABLE TO RULE MAKING PROCEDURES › Section 8-62-28 - Availability 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 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 62 - MERIT APPEALS BOARD › Subchapter 4 - RULES APPLICABLE TO DECLARATORY RULINGS › Section 8-62-29 - 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. Questions concerning the
					 interpretation of any of chapter
					 76, Hawaii Revised Statutes, may be
					 submitted to the attorney general for review.
(b) The petition shall be prepared in a
					 manner prescribed by the board. The original and five copies thereof shall be
					 filed with the board. The petition shall conform to the requirements prescribed
					 by board rules 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 submitting a 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
					 concerning the matters contained in the petition, or set the matter for
					 hearing; provided that if the matter is set for hearing, the board shall render
					 its findings and decision within sixty days after the close of the
					 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 section or for other
					 reasons as determined by the board.
(e) Any party may intervene subject to the
					 provisions of section 8-62-24 insofar as they are applicable.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 62 - MERIT APPEALS BOARD › Subchapter 4 - RULES APPLICABLE TO DECLARATORY RULINGS › Section 8-62-30 - Request for hearing

Current through June, 2024
In the usual course of the disposition of a petition for
						a declaratory ruling, no formal hearing will be granted to the petitioner or to
						a party. The board may, however, in its discretion, order a proceeding set for
						hearing. Any petitioner or party in interest requesting 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 memorandum 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 or declaration establishing facts in accordance with these
						rules.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 62 - MERIT APPEALS BOARD › Subchapter 4 - RULES APPLICABLE TO DECLARATORY RULINGS › Section 8-62-31 - Applicability of order

Current through June, 2024
An order disposing of a petition shall apply only to the
						factual situation described in the petition of set forth in the
						order.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 62 - MERIT APPEALS BOARD › Subchapter 4 - RULES APPLICABLE TO DECLARATORY RULINGS › Section 8-62-32 - Refusal to issue declaratory order

Current through June, 2024
The board, for good cause, may deny a request for a
						declaratory order with specific reasons for its decision. The board may refuse
						for reasons including but not limited to the following:
(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 order may affect the interests of the board in 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 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 62 - MERIT APPEALS BOARD › Subchapter 5 - RULES APPLICABLE TO APPEALS › Section 8-62-33 - Standing to appeal

Current through June, 2024
(a) Only persons
					 who have exhausted the internal complaint procedures and whose appeal is not
					 barred by other provisions of these rules shall have standing to file an appeal
					 with the board.
(b) The board shall
					 decide appeals from any action taken by the superintendent, the assistant
					 superintendent, an appointing authority, or a designee acting on behalf of one
					 of these individuals, relating to:
(1)
					 Recruitment and examination for civil service positions, including
					 non-selection or failure to complete the initial probationary period;
(2) Classification and reclassification of a
					 civil service position, including denial or loss of promotional opportunity or
					 demotion due to reclassification of positions in a reorganization;
(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, including disciplinary actions and adverse employment
					 actions for failure to meet performance requirements, taken against civil
					 service employees who are excluded from collective bargaining coverage under
					 section
					 89-6,
					 Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 62 - MERIT APPEALS BOARD › Subchapter 5 - RULES APPLICABLE TO APPEALS › Section 8-62-34 - Filing of appeal

Current through June, 2024
(a) Time. Any
					 person who has standing to appeal shall file a petition of appeal to the board
					 within twenty working days from the date of the written notice of the assistant
					 superintendent, appointing authority, or designee. If a person files the
					 petition by postal service, it must be postmarked by midnight on the twentieth
					 working day of the filing period. The petition of appeal shall be filed with
					 the merit appeals board at 1390 Miller Street, c/o Assistant Superintendent,
					 Office of Human Resources, Queen Liliuokalani Building, Honolulu, Hawaii 96813,
					 between the hours of 7:45 a.m. to 4:30 p.m. of each workday, excluding state
					 holidays. The date notice of the action is sent shall be construed as:
(1) The date the assistant superintendent or
					 appointing authority mails the notice to the person's last known address;
					 or
(2) The date the notice is hand
					 delivered or sent by facsimile to the person.
All petitions submitted to the board beyond the twenty
						working day period shall be deemed untimely and shall not be considered unless
						an extension is granted by the board on or before the twentieth working
						day.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 62 - MERIT APPEALS BOARD › Subchapter 5 - RULES APPLICABLE TO APPEALS › Section 8-62-35 - Notice

Current through June, 2024
All parties shall be given written notice of the 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 a newspaper of general
						circulation. The last published notice shall appear at least fifteen days prior
						to the date of the hearing.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 62 - MERIT APPEALS BOARD › Subchapter 5 - RULES APPLICABLE TO APPEALS › Section 8-62-37 - Enforcement of order

Current through June, 2024
If any party fails or neglects to obey an order of the
						board while the same is in effect the board may petition the circuit judge of
						the judicial circuit wherein such party resides or usually transacts business
						for the enforcement of the order and for appropriate temporary relief or
						restraining order, and shall certify the file in the court the record in the
						proceedings, including all documents and papers on file in the matter, the
						pleadings and testimony upon which the order was entered, and the decision and
						order of the board. Upon such filing the board shall cause notice thereof to be
						served upon the party by mailing a copy to the party's last known post office
						address, and thereupon the judge shall have jurisdiction in the
						premises.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 62 - MERIT APPEALS BOARD › Subchapter 5 - RULES APPLICABLE TO APPEALS › Section 8-62-38 - Judicial review of contested cases

Current through June, 2024
Any person aggrieved by a final decision and order in a
						contested case before the merit appeals board is entitled to judicial review.
						Proceedings for review shall be instituted in the circuit court within thirty
						days after service of the certificated copy of the final decision is made upon
						the parties.
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 8-63-1 - Purpose; statement of policy

Current through June, 2024
The purpose of this chapter is to set forth the
						fundamental character of the system of personnel administration governed by
						these rules consistent with merit principles and the principles of equal
						employment opportunity within the department. Provisions of this chapter shall
						be construed as supplemental to, and in the context of, chapter
						76, Hawaii Revised Statutes.
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 8-63-2 - Applicability

Current through June, 2024
(a) The rules in this chapter shall apply to
					 all positions and employees in the civil service of the department. Unless a
					 rule specifies otherwise, it shall not apply to positions and employees exempt
					 from civil service.
(b) The
					 department's civil service system includes all positions in the department
					 except those positions that are exempted pursuant to section
					 76-16,
					 Hawaii Revised Statutes, or specifically exempted therefrom by the assistant
					 superintendent in accordance with statutory requirements.
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 8-63-4 - General responsibilities of the assistant superintendent

Current through June, 2024
The assistant superintendent shall direct and supervise
						all administrative and technical activities of the department. In addition to
						other duties imposed by the civil service law, the assistant superintendent
						shall assume the duties specified in section
						76-13,
						Hawaii Revised Statutes, and is authorized to make the final determination
						whether or not a position is in the civil service system. The assistant
						superintendent shall develop and promulgate such policies, rules, standards,
						guidelines, and procedures as the assistant superintendent deems necessary
						including, but not limited to, those addressing the following areas:
(1) Classification and related systems to
					 support sound utilization of human resources, recruitment of qualified
					 personnel, and appropriate pay and pay relationships;
(2) A civil service merit-based recruitment
					 and examination program;
(3) A
					 performance appraisal system for the purpose of evaluating the performance of
					 employees in civil service and improving employee performance, consistent with
					 section
					 76-41,
					 Hawaii Revised Statutes;
(4) An
					 incentive and awards program for the purpose of recognizing employees who
					 contribute to the efficiency, economy, or other improvement of exceptionally
					 meritorious special acts or services in the public interest in connection with
					 or related to their official employment consistent with the policies of the
					 board;
(5) A compensation
					 administration system that provides for the proper compensation of employees
					 and adjustments as necessitated by personnel movements and employment
					 actions;
(6) Personnel file
					 management for the purpose of ensuring the proper retention, organization, and
					 release of personnel records and materials; and
(7) Circumstances under which civil service
					 positions may be excepted from the civil service classification system, or
					 civil service recruitment system, or both.
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 8-63-5 - General responsibilities of offices and complex area offices

Current through June, 2024
The assistant superintendents of each office and the
						complex area superintendents of each complex area shall be responsible for
						personnel management within their respective office or complex area, and shall
						cooperate with the office of human resources in the administration of human
						resources matters.
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 8-63-6 - Delegation and decentralization of human resource services, and agreements on furnishing services and facilities

Current through June, 2024
The assistant superintendent, whenever consistent with
						economic and efficient administration, may delegate the performance of human
						resource services to those in the department responsible for the planning,
						directing, and supervising the work of others. The delegation may be withdrawn
						at any time as determined by the assistant superintendent.
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 8-63-7 - Authority to investigate

Current through June, 2024
The assistant superintendent shall conduct
						investigations to secure the enforcement of chapter
						76, Hawaii Revised Statutes, and
						pertinent portions of law and the rules, regulations, guidelines, procedures,
						standards, and policies governing civil service system employment. This may
						include investigations into the qualifications and suitability of applicants
						for positions in the civil service system.
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 8-63-8 - Enforcement authority of the assistant superintendent

Current through June, 2024
Whenever the assistant superintendent finds:
(1) That any person has been appointed to, or
					 is holding or performing the duties of a position in violation of any of the
					 laws, rules, regulations, guidelines, procedures, standards, and policies
					 administered by the assistant superintendent, the assistant superintendent is
					 authorized, after giving due notice and opportunity for explanation, to certify
					 the facts to the department with specific instructions for corrective action.
					 Whenever the assistant superintendent issues specific instructions for
					 corrective actions, the appointing authority concerned shall comply with the
					 assistant superintendent's orders and make a report thereon to the assistant
					 superintendent;
(2) That any
					 employee has violated the laws, rules, regulations, guidelines, procedures,
					 standards, and policies administered by the assistant superintendent, the
					 assistant superintendent shall take action in accordance with law as may be
					 appropriate to secure compliance.
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 8-63-9 - Appointment through the civil service system

Current through June, 2024
(a) The
					 assistant superintendent shall be responsible for recruiting applicants for
					 open-competitive and promotional examinations and for determining the relative
					 knowledge, skills, abilities, and fitness of applicants.
(b) The assistant superintendent may
					 establish standards in determining relative knowledge, skills, abilities,
					 fitness, and other requirements that applicants must meet to be rated in
					 examinations.
(c) Eligibles shall
					 be placed on an appropriate eligible list in the manner prescribed by these
					 rules.
(d) A person selected
					 through a civil service recruitment procedure for a permanent or temporary
					 position shall be required to serve an initial probationary period, provided
					 that when a temporary appointment is made, the duration of service for the
					 temporary position exceeds the initial probationary period.
(e) Civil service membership will be acquired
					 upon satisfactory completion of an initial probationary period.
(f) The assistant superintendent may
					 determine the conditions for other types of appointments and may prescribe the
					 methods for replacing persons holding these appointments.
(g) No person shall be appointed, promoted,
					 transferred, or demoted in the civil service system until the person passes the
					 examination prescribed by the assistant superintendent or unless specifically
					 exempted.
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 8-63-10 - Discretion of appointing authority in filling civil service vacancies

Current through June, 2024
An appointing authority may fill any vacancy in the
						civil service by appointment from a civil service eligible list, or any other
						means as provided for by this chapter or law.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 2 - RECRUITMENT › Section 8-63-14 - Citizenship and residence

Current through June, 2024
Applicants shall be citizens, nationals, permanent
						resident aliens of the United States, or eligible under federal law for
						unrestricted employment in the United States, and shall become residents of the
						State within thirty days after beginning their employment and as a condition of
						eligibility for continued employment.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 2 - RECRUITMENT › Section 8-63-15 - Announcement of recruitment and examination

Current through June, 2024
As the needs of the department may require, the
						assistant superintendent may conduct a recruitment and examination announcement
						in the manner and for the period deemed reasonable and appropriate.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 2 - RECRUITMENT › Section 8-63-16 - Acceptance of applications

Current through June, 2024
(a) Application for
					 examination and employment shall be made on the application form and with such
					 supplemental information as prescribed by the assistant
					 superintendent.
(b) The assistant
					 superintendent or authorized designee may determine the number of applications
					 to accept and evaluate based on need.
(c) Applications shall be accepted only
					 during the period specified in the examination announcement. Late applications
					 for competitive examinations may be accepted for good reason as determined by
					 the assistant superintendent or designated appointing authority.
(d) Applications submitted to the department
					 shall constitute official examination records. Applications and accompanying
					 supporting documents shall become the property of the department.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 2 - RECRUITMENT › Section 8-63-17 - Cancellation of recruitment and examination announcements

Current through June, 2024
(a)
					 If there is no need for eligibles after a recruitment and examination
					 announcement has been published or if other circumstances warrant it, the
					 announcement may be canceled.
(b)
					 All applicants shall be notified of the cancellation.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 2 - RECRUITMENT › Section 8-63-18 - Recruitment incentives

Current through June, 2024
(a) To enhance the
					 recruitment of persons employed or appointed to critical-to-fill or labor
					 shortage positions, appointing authorities, with the prior approval of the
					 assistant superintendent, may do both or one of the following:
(1) Compensate applicants for all or a
					 portion of travel and transportation expenses; or
(2) Provide a monetary incentive in the form
					 of a pay differential, as pre-determined and approved by the assistant
					 superintendent.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 3 - EXAMINATION › Section 8-63-21 - Scope and character of examinations

Current through June, 2024
(a) The assistant
					 superintendent may consult with qualified persons in regard to the content of
					 tests, rating of applicants, or related test matters.
(b) Each examination shall relate to those
					 matters which will evaluate the applicants' knowledge, skills, and abilities
					 required to perform the duties of the class or position for which the
					 examination is conducted.
(c) Any
					 accepted personnel examining technique may be used, including a verification
					 and evaluation of education, training, and experience; tests of knowledge,
					 skill, ability, or aptitude; medical examinations, including pre-employment
					 drug testing; appraisals of personal suitability including factors such as
					 employment history and references; employee background checks; and any other
					 matter that the assistant superintendent determines appropriate.