Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 21.1 - GENERAL APPLICABILITY › Section 14-21.1-5 - Definitions

Current through June, 2024
As used in these chapters:
"Adverse action," as used in section
				  14-25.1-1(b)(4)(B),
				  means an involuntary separation from service, an involuntary demotion,
				  involuntary transfer, a suspension without pay, a reduction in pay, or a 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
				  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 §
									14-25.1-1(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 a department head or designee
				  having the power to make appointments or changes in the status of employees in
				  the State.
"Board" means the merit appeals board of the State.
"Chairperson" means the chairperson of the merit appeals
				  board.
"Civil service employee" means an employee who has met all
				  requirements for membership in the civil service under section
				  76-27,
				  Hawaii Revised Statutes.
"Classification" means the assignment of a civil service
				  position to a class of work.
"Day" means a calendar day unless otherwise specified.
"Director" means the director of the department of human
				  resources development of the State.
"Employee" means any person holding a State position,
				  irrespective of the type of position or appointment.
"Employer" means the governor, and any individual who
				  represents or acts in the interest of the governor in dealing with public
				  employees in the State.
"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 period, in-basket assessment, biodata assessments,
				  personality measures and assessment centers.
"Hearing" means any proceeding under the jurisdiction of the
				  board that is governed by sections
				  76-14,
				  76-41,
				  76-46,
				  76-47,
				  91-8,
				  and
				  91-9,
				  Hawaii Revised Statutes.
"Hearing officer" means a competent and qualified
				  disinterested person appointed by the board to hear an appeal in the same
				  manner as if it were before the board and, upon conclusion of the hearing,
				  report in writing the findings of fact with conclusions and recommendations for
				  the board's final decision.
"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 to assist the parties in voluntary resolution of a
				  complaint.
"Meeting" means the convening of the board for which a quorum
				  is required 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 State's appellate body for
				  purposes of section
				  76-14,
				  Hawaii Revised Statutes.
"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.
"Presiding officer" with respect to proceedings means the
				  chairperson and includes any member of the board designated as such, or other
				  persons authorized by law, to conduct hearings.
"Person" includes individuals, partnerships, corporations,
				  associations, or public or private organizations of any character other than
				  governmental agencies.
"Proceedings" means the board's elucidation of the relevant
				  facts and applicable law, consideration thereof, and action thereupon with
				  respect to a particular subject within the board's jurisdiction, initiated by a
				  filing or submittal or request or a board's notice or order. It shall include
				  proceedings involving the adoption, amendment or repeal of any rule of the
				  board, whether initiated by board order or notice or petition of any interested
				  person.