Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 13.01 - INTERNAL COMPLAINT PROCEDURE › Section 14-13.01-4 - Establishment of the internal complaint procedure

Current through June, 2024
Each department head shall establish a uniform internal
				  complaint procedure applicable to all employees concerning employees and
				  members of the general public whose complaints are within the jurisdiction of
				  the merit appeals board. Each department head may establish a uniform internal
				  complaint procedure applicable to all employees and the general public for all
				  other complaints which are not within the jurisdiction of the merit appeals
				  board in accordance with the following guidelines:
(1) For complaints in general:
(A) The department shall prepare a
				standardized complaint form for use by employees and the general public in the
				submission of a complaint. To the maximum extent possible this form should
				replace existing complaint forms unless a specific form is required by law.
				Nothing in this section prevents any agency from modifying or supplementing any
				standardized complaint form to obtain additional information necessary to
				efficiently process complaints related to the requirements of specific
				programs;
(B) Complaint forms,
				instructions, and the complaint procedures shall be easily accessible to
				employees and the general public at each department's personnel office or those
				designated offices on each of the neighbor islands or off-site facilities. A
				listing of the offices where forms are available and can be filed shall be
				posted in each department personnel office and those designated offices on each
				of the neighbor islands or off-site facilities;
(C) Management need not consider any
				complaint not filed in accordance with the procedure contained herein; provided
				that the parties may mutually agree to waive or extend any specific time
				limitation set forth in the procedure;
(D) To minimize confusion and possible loss
				of rights, the time and manner for filing a complaint shall be as uniform and
				easily understandable as possible to employees and the general
				public;
(E) The procedure shall
				provide for the referral of a complaint to the appropriate individual at the
				lowest level who has the authority to act on the complaint and who shall be
				responsible for contacting the complainant. If the complaint is not a matter
				within the authority of the department, the department shall notify the
				complainant in writing and the department shall refer the complaint to the
				appropriate agency, if known. This will be considered the informal
				step;
(F) Complaints concerning
				matters that are subject to collective bargaining grievance procedures shall be
				returned to the complainant. If the complainant disputes whether the complaint
				involves matters subject to collective bargaining grievance procedures, the
				complainant may submit the matter to the Hawaii Labor Relations Board pursuant
				to the board's rules of practice and procedure;
(G) A written decision for an informal
				resolution shall be issued to the complainant on the outcome of any efforts to
				resolve the complaint;
(H) If the
				complaint cannot be resolved at the informal step, the decision shall be
				accompanied by information on the filing of a formal complaint with the
				department or the merit appeals board, as applicable.