reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 300 - RULES OF PRACTICE AND PROCEDURE RELATING TO BURIAL SITES AND HUMAN REMAINS › Subchapter 4 - PROCEDURES FOR PROPER TREATMENT OF BURIAL SITES AND HUMAN SKELETAL REMAINS › Section 13-300-38 - Council determinations

Current through June, 2024
(a) When
				  determining appropriate treatment of a previously identified Native Hawaiian
				  burial site, the council shall:
(1) Fully
				  consider all provisions of the burial treatment plan developed according to
				  section 13-300-33;
(2) Weigh all
				  other written and oral evidence and assess the credibility of
				  witnesses;
(3) Carefully consider
				  and apply the preservation criteria stated in section
				  6E-43,
				  HRS and developed in section 13-300-36(a);
(4) Fully consider any other relevant factors
				  concerning appropriate treatment including those stated in section
				  13-300-36(b); and
(5) Render a
				  determination to preserve in place or relocate and make any related
				  recommendations within forty-five days of referral by the department, unless
				  extended by agreement between the applicant and the department.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 300 - RULES OF PRACTICE AND PROCEDURE RELATING TO BURIAL SITES AND HUMAN REMAINS › Subchapter 4 - PROCEDURES FOR PROPER TREATMENT OF BURIAL SITES AND HUMAN SKELETAL REMAINS › Section 13-300-39 - Department determinations

Current through June, 2024
(a) When
				  determining appropriate treatment of a previously identified non Native
				  Hawaiian burial site, the department shall:
(1) Fully consider all provisions of the
				  burial treatment plan developed according to section 13-300-34;
(2) Weigh all other written and oral evidence
				  and assess the credibility of witnesses;
(3) Carefully consider and apply the
				  preservation criteria stated in section 13-300-37(a);
(4) Fully consider any other relevant factors
				  concerning appropriate treatment including those stated in section
				  13-300-37(b); and
(5) Render a
				  determination to preserve in place or relocate and make any related
				  recommendations within thirty days of submittal of an acceptable burial
				  treatment plan, unless extended by agreement between the applicant and the
				  department.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 300 - RULES OF PRACTICE AND PROCEDURE RELATING TO BURIAL SITES AND HUMAN REMAINS › Subchapter 4 - PROCEDURES FOR PROPER TREATMENT OF BURIAL SITES AND HUMAN SKELETAL REMAINS › Section 13-300-40 - Inadvertent discovery of human remains

Current through June, 2024
(a) The department
				  shall have jurisdiction over any inadvertent discovery of human skeletal
				  remains and any burial goods over fifty years old, regardless of
				  ethnicity.
(b) The inadvertent
				  discovery shall be immediately reported to the following persons:
(1) The state historic preservation division,
				  unless discovery occurs on Saturday, Sunday, or holiday at which time the
				  report shall be made to the division of conservation and resource
				  enforcement;
(2) The medical
				  examiner or coroner from the county in which the inadvertent discovery
				  occurred; and
(3) The police
				  department of the county in which the inadvertent discovery occurred.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 300 - RULES OF PRACTICE AND PROCEDURE RELATING TO BURIAL SITES AND HUMAN REMAINS › Subchapter 4 - PROCEDURES FOR PROPER TREATMENT OF BURIAL SITES AND HUMAN SKELETAL REMAINS › Section 13-300-41 - Private possession of human remains

Current through June, 2024
(a) There shall be
				  a prohibition on the private possession of human skeletal remains over fifty
				  years old knowingly removed or originating from a burial site in the State,
				  except the department may authorize possession where:
(1) Private archaeological firms curate human
				  skeletal remains temporarily until reburial occurs;
(2) A person is able to establish known
				  lineal or cultural descent pursuant to section 13-300-35 to the human skeletal
				  remains and wishes to possess or continue to possess the human skeletal remains
				  or authorizes possession by a third person;
(3) Possession of human skeletal remains is
				  an ethnically acceptable practice; or
(4) Human skeletal remains have been
				  manufactured into artifacts prehistorically.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 300 - RULES OF PRACTICE AND PROCEDURE RELATING TO BURIAL SITES AND HUMAN REMAINS › Subchapter 4 - PROCEDURES FOR PROPER TREATMENT OF BURIAL SITES AND HUMAN SKELETAL REMAINS › Section 13-300-42 - Illegal sale of human remains and burial goods and removal from the State

Current through June, 2024
(a) It shall be unlawful for any person to
				  offer for sale or exchange any exhumed human skeletal remains over fifty years
				  old, or any associated burial goods.
(b) It shall be unlawful for any person to
				  remove from the jurisdiction of the State, any human skeletal remains over
				  fifty years old, or any associated burial goods, without prior written
				  authorization from the department. This section shall not apply to human
				  skeletal remains fabricated into artifacts prehistorically.
(c) Any person intending to remove from the
				  jurisdiction of the State, any human skeletal remains or portions thereof over
				  fifty years old, or any associated burial goods or both, shall submit a written
				  request to the department including:
(1)
				  Specific reasons for removal;
(2) A
				  description of the lineal relationship if any, between the person requesting
				  removal and the human skeletal remains; and
(3) Written consent of any known lineal
				  descendants.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 300 - RULES OF PRACTICE AND PROCEDURE RELATING TO BURIAL SITES AND HUMAN REMAINS › Subchapter 4 - PROCEDURES FOR PROPER TREATMENT OF BURIAL SITES AND HUMAN SKELETAL REMAINS › Section 13-300-43 - Penalty

Current through June, 2024
(a) It shall be unlawful for any person,
				  natural or corporate, to knowingly take, appropriate, excavate, injure,
				  destroy, or alter any burial site or the contents thereof, located on private
				  lands or lands owned or controlled by the State, or any of its political
				  subdivisions, except as permitted by the department.
(b) Violators of this chapter and section
				  6E-11(b),
				  HRS, are also subject to prosecution pursuant to section
				  711-1107, HRS, the
				  penalties for which shall be imposed in addition to, and not in lieu of, any
				  penalties imposed by section
				  6E-11(c),
				  HRS, which include:
(1) A fine of not more
				  than $ 10,000 for each separate offense;
(2) If the violator directly or indirectly
				  caused the loss of, or damage to, a burial site, a fine of an additional amount
				  determined by the court to be equivalent to the value of the lost or damaged
				  burial site;
(3) Seizure and
				  disposition by the State without compensation to its owner or owners of all
				  equipment used for the taking, appropriation, excavation, injury, destruction,
				  or alteration of a burial site, or for the transportation of the violator to
				  and from the burial site; and
(4)
				  Prohibition from participating in the construction of any state or county
				  funded project for ten years, as provided by section
				  6E-11(d),
				  HRS.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 300 - RULES OF PRACTICE AND PROCEDURE RELATING TO BURIAL SITES AND HUMAN REMAINS › Subchapter 4 - PROCEDURES FOR PROPER TREATMENT OF BURIAL SITES AND HUMAN SKELETAL REMAINS › Section 13-300-44 to 13-300-50 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 300 - RULES OF PRACTICE AND PROCEDURE RELATING TO BURIAL SITES AND HUMAN REMAINS › Subchapter 5 - ADMINISTRATIVE APPEALS › Section 13-300-51 - Appeal of council determination

Current through June, 2024
(a) When required
				  by law, the appeals panel shall hold a contested case hearing upon timely
				  written petition of any person who is aggrieved by a council determination to
				  preserve in place or relocate Native Hawaiian skeletal remains and any burial
				  goods from a previously identified burial site and who is properly admitted as
				  a party pursuant to section 13-300-54.
(b) Unless specifically prescribed in this
				  chapter or by chapter
				  91, HRS, the appeals panel may adopt
				  procedures that in its opinion will best serve the purposes of the
				  hearing.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 300 - RULES OF PRACTICE AND PROCEDURE RELATING TO BURIAL SITES AND HUMAN REMAINS › Subchapter 5 - ADMINISTRATIVE APPEALS › Section 13-300-52 - Request for hearing

Current through June, 2024
(a) A written
				  petition for a contested case hearing shall be filed, i.e. mailed and
				  postmarked, within forty five days following receipt of written notification of
				  the council determination except that where a request for reconsideration of a
				  council determination is made, the forty five day period to file a petition
				  shall commence following action by the council to either deny the request for
				  reconsideration or reaffirm its original decision following
				  reconsideration.
(b) A petition
				  requesting a contested case hearing shall contain concise statements of:
(1) The legal authority by which appeal is
				  requested;
(2) The council
				  determination being appealed and the date of the determination;
(3) The nature of the interest that may be
				  adversely affected by the council determination;
(4) The relevant facts and issues
				  raised;
(5) The relief being
				  sought; and
(6) Any other
				  information deemed applicable.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 300 - RULES OF PRACTICE AND PROCEDURE RELATING TO BURIAL SITES AND HUMAN REMAINS › Subchapter 5 - ADMINISTRATIVE APPEALS › Section 13-300-53 - Notice of hearing

Current through June, 2024
(a) After a
				  determination is made by the presiding officer that a contested case hearing is
				  required, the written notice of hearing shall be served by the department upon
				  the parties in accordance with section
				  91-9.5,
				  HRS, and shall be served on all persons admitted as a party at their last
				  recorded address not less than fifteen days prior to the beginning of the
				  contested case hearing.
(b) The
				  notice shall be published as provided by law, but not less than once in a
				  newspaper of general circulation within the State, and within the county from
				  which appeal is being taken.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 300 - RULES OF PRACTICE AND PROCEDURE RELATING TO BURIAL SITES AND HUMAN REMAINS › Subchapter 5 - ADMINISTRATIVE APPEALS › Section 13-300-54 - Parties

Current through June, 2024
(a) The following persons shall be admitted
				  as a party:
(1) The applicant;
(2) The landowner;
(3) Any person who has been recognized by the
				  department as a known lineal descendant to the Native Hawaiian skeletal
				  remains; or
(4) Any person who can
				  show a substantial interest in the matter that is affected by the council
				  determination, or by the outcome of the decision of the appeals
				  panel.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 300 - RULES OF PRACTICE AND PROCEDURE RELATING TO BURIAL SITES AND HUMAN REMAINS › Subchapter 5 - ADMINISTRATIVE APPEALS › Section 13-300-55 - Appeals panel

Current through June, 2024
(a) Upon the grant of a petition to appeal a
				  council determination, the appeals panel shall conduct the contested case
				  hearing in accordance with this subchapter, and chapter
				  91, HRS, and whenever possible on the
				  island from which the appeal is being taken.
(b) The appeals panel shall give due
				  consideration to the determination of the council.
(c) The presiding officer shall select three
				  members of the board of land and natural resources and three council
				  chairpersons to serve on the appeals panel. Whenever possible, the board of
				  land and natural resources member and the council chairperson representing the
				  island from which the appeal is being taken, shall be selected to serve on the
				  appeals panel.
(d) The presiding
				  officer may consult with legal counsel from the attorney general's office on
				  legal matters related to the contested case hearing.
(e) The presiding officer shall vote only in
				  the event of a tie.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 300 - RULES OF PRACTICE AND PROCEDURE RELATING TO BURIAL SITES AND HUMAN REMAINS › Subchapter 5 - ADMINISTRATIVE APPEALS › Section 13-300-56 - Prehearing conference

Current through June, 2024
(a) The presiding
				  officer or designated representative may hold, or cause to be held, prehearing
				  conferences with the parties for the purpose of formulating or simplifying the
				  issues, arranging for the exchange of proposed exhibits or proposed written
				  testimony, setting of schedules, exchanging names of witnesses, limiting the
				  number of witnesses, and any other matters as may expedite orderly conduct and
				  disposition of the proceeding as permitted by law.
(b) The presiding officer may request briefs
				  setting forth the issues, facts and legal arguments upon which the parties
				  intend to rely and may fix the conditions and time for the filing of briefs and
				  the number of pages. Exhibits may be reproduced in an appendix to a brief. A
				  brief of more than twenty pages shall contain a subject index and table of
				  authorities.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 300 - RULES OF PRACTICE AND PROCEDURE RELATING TO BURIAL SITES AND HUMAN REMAINS › Subchapter 5 - ADMINISTRATIVE APPEALS › Section 13-300-57 - Conduct of hearing

Current through June, 2024
(a) The presiding
				  officer shall preside over the contested case hearing, rule on all procedural
				  and substantive matters, and execute any other acts necessary for the orderly
				  and just conduct of the hearing, including, but not limited to, the following:
(1) The admission of parties;
(2) Provide notice of the hearing to all
				  parties;
(3) Determine the scope of
				  all issues on appeal;
(4) Rule on
				  any evidentiary issue;
(5) Rule on
				  any objection or motion raised by the parties;
(6) Administer oaths;
(7) Compel the attendance of witnesses by
				  issuing a subpoena;
(8) Examine and
				  cross examine witnesses, as is deemed necessary;
(9) Compel the production of documentary
				  evidence;
(10) Certify official
				  acts;
(11) Qualify expert
				  witnesses;
(12) Rule on any offers
				  of proof;
(13) Receive relevant
				  evidence;
(14) Hold conferences
				  before and during hearings;
(15)
				  Fix times for submitting documents and briefs; and
(16) Dispose of any other matters that
				  normally and properly arise.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 300 - RULES OF PRACTICE AND PROCEDURE RELATING TO BURIAL SITES AND HUMAN REMAINS › Subchapter 5 - ADMINISTRATIVE APPEALS › Section 13-300-58 - Procedure for subpoenas

Current through June, 2024
(a) Witnesses,
				  documents, or records may be subpoenaed as set forth in this subsection:
(1) Requests for the issuance of subpoenas,
				  requiring the attendance of a witness for the purpose of taking oral testimony
				  before the appeals panel, shall be in writing, and shall state the reasons why
				  the testimony of the witness is believed to be material and relevant to the
				  issues involved. Only parties or a member of the appeals panel may request the
				  issuance of a subpoena;
(2)
				  Requests for the issuance of subpoenas for the production of documents or
				  records shall be in writing, specify the particular document or record, or part
				  thereof, desired to be produced, and state the reasons why the production
				  thereof is believed to be material and relevant to the issues involved. Only
				  parties or a member of the appeals panel may request the issuance of a subpoena
				  duces tecum.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 300 - RULES OF PRACTICE AND PROCEDURE RELATING TO BURIAL SITES AND HUMAN REMAINS › Subchapter 5 - ADMINISTRATIVE APPEALS › Section 13-300-59 - Motions

Current through June, 2024
(a) All motions other than those made during
				  a hearing shall be made in writing to the appeals panel, shall state the relief
				  sought, and shall be accompanied by an affidavit or memorandum setting forth
				  the grounds upon which they are based.
(b) The moving party shall serve a copy of
				  all motions on all other parties not less than five days prior to the beginning
				  of the contested case hearing and shall file with the presiding officer the
				  original with proof of service.
(c)
				  A memorandum in opposition or a counter affidavit shall be served on all
				  parties not less than two days prior to the beginning of the contested case
				  hearing. The original and proof of service shall be filed with the presiding
				  officer.
(d) Failure to serve or
				  file a memorandum in opposition to a motion or failure to appear at the hearing
				  shall be deemed a waiver of objection to the granting or denial of the
				  motion.
(e) Any party may make a
				  motion during the course of the contested case hearing. Thereafter, all other
				  parties who wish, shall be given an opportunity to argue the motion on the
				  merits. The presiding officer shall set the limits on argument on the motion
				  and shall decide whether to grant or deny the motion.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 300 - RULES OF PRACTICE AND PROCEDURE RELATING TO BURIAL SITES AND HUMAN REMAINS › Subchapter 5 - ADMINISTRATIVE APPEALS › Section 13-300-61 - Correction of transcript

Current through June, 2024
A motion to correct the transcript shall be made within
					 five days after receipt of the transcript and shall be acted upon by the
					 presiding officer.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 300 - RULES OF PRACTICE AND PROCEDURE RELATING TO BURIAL SITES AND HUMAN REMAINS › Subchapter 5 - ADMINISTRATIVE APPEALS › Section 13-300-62 - Disqualification

Current through June, 2024
(a) No member of the appeals panel shall sit
				  in any proceeding in which the member has any pecuniary or business interest
				  involved in the proceeding. If, after declaring any pecuniary interest or
				  consanguinity to the parties, the parties do not oppose the member from sitting
				  in a proceeding, the record shall note clearly the waiver by the
				  parties.
(b) In the event it is
				  discovered that a member of the appeals panel has or may have a pecuniary
				  interest or business interest in the outcome of the hearing, or with a party to
				  the hearing, after the beginning of the hearing, the presiding officer may
				  entertain a motion to hear evidence on the matter and shall decide whether to
				  disqualify the member.
(c) In the
				  event a member of the appeals panel is disqualified by the presiding officer,
				  an alternate appeals panel member shall be selected by the presiding officer to
				  sit in place of the disqualified member.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 300 - RULES OF PRACTICE AND PROCEDURE RELATING TO BURIAL SITES AND HUMAN REMAINS › Subchapter 5 - ADMINISTRATIVE APPEALS › Section 13-300-63 - Ex parte communications

Current through June, 2024
(a) No party, or
				  person petitioning to be a party to a hearing before the appeals panel, nor
				  their employees, representatives, or agents, shall make any unauthorized ex
				  parte communication either oral or written concerning the appeals hearing to
				  any member of the appeals panel who will or may be a participant in the
				  decision-making process.
(b) The
				  following classes of ex parte communications are permitted:
(1) Those relating to matters which a member
				  of the appeals panel is authorized to dispose of on an ex parte
				  basis;
(2) Requests for information
				  of the status of a proceeding;
(3)
				  Those which all parties to the proceeding agree or which the appeals panel has
				  formally ruled may be made on an ex parte basis; or
(4) Those with representatives of any news
				  media on matters intended to inform the general public.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 300 - RULES OF PRACTICE AND PROCEDURE RELATING TO BURIAL SITES AND HUMAN REMAINS › Subchapter 5 - ADMINISTRATIVE APPEALS › Section 13-300-64 - Decisions and orders

Current through June, 2024
(a) A proceeding
				  shall be deemed submitted for decision by the appeals panel after the taking of
				  evidence, the filing of briefs, the consideration of motions, and the
				  presentation of oral arguments permitted or prescribed by the presiding
				  officer.
(b) A party to the
				  proceeding may submit a proposed decision and order which shall include
				  proposed findings of fact and conclusions of law. The proposal shall be filed
				  with the presiding officer and mailed to each party within ten days following
				  the date the transcript is prepared, made available to the parties, and
				  finalized by the presiding officer, unless the presiding officer shall
				  prescribe otherwise.
(c) Within
				  ninety days after the hearing, the appeals panel shall render its formal
				  written findings of fact, conclusions of law, and decision and order approving
				  or denying the request to preserve or relocate the burial site. The vote of
				  each member shall be recorded. If any party to the proceeding has filed
				  proposed findings of fact, the appeals panel shall incorporate in its decision,
				  a ruling upon each proposed finding so presented.
(d) Upon agreement by the parties, the
				  examination and proposed decision provisions under section
				  91-11,
				  HRS, may be waived pursuant to section
				  91-9(d),
				  HRS.
(e) Every decision and order
				  adverse to a party to the proceeding rendered by the appeals panel shall be in
				  writing or stated in the record and shall be accompanied by separate findings
				  of fact and conclusions of law.
(f)
				  Decisions and orders shall be served by mailing copies to the parties of
				  record. When service is not accomplished by mail, it may be effected by
				  personal delivery of a certified copy. When a party has appeared by
				  representative, service upon the representative shall be deemed to be service
				  upon the party.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 300 - RULES OF PRACTICE AND PROCEDURE RELATING TO BURIAL SITES AND HUMAN REMAINS › Subchapter 5 - ADMINISTRATIVE APPEALS › Section 13-300-65 - Reconsideration

Current through June, 2024
(a) The appeals panel may reconsider a
				  decision it has made on the merits only if the moving party can show:
(1) New information that was not previously
				  available would affect the result; or
(2) That a substantial injustice would
				  occur.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 300 - RULES OF PRACTICE AND PROCEDURE RELATING TO BURIAL SITES AND HUMAN REMAINS › Subchapter 5 - ADMINISTRATIVE APPEALS › Section 13-300-66 - Appeals

Current through June, 2024
(a) Parties to the proceedings who are
				  aggrieved by the decision of the appeals panel may obtain judicial review of
				  the decision in the manner set forth in section
				  91-14,
				  HRS, provided that the court also reverse or modify a finding of the appeals
				  panel if the finding appears to be contrary to the clear preponderance of the
				  evidence.
(b) The appeals panel
				  shall be represented by the attorney general's office in any appeals of its
				  decision.
(c) In the event the
				  council is the aggrieved party and seeks judicial review, the council shall be
				  represented by special counsel provided by the department.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 300 - RULES OF PRACTICE AND PROCEDURE RELATING TO BURIAL SITES AND HUMAN REMAINS › Subchapter 5 - ADMINISTRATIVE APPEALS › Section 13-300-67 - Severability

Current through June, 2024
If any provision, section, paragraph, sentence, clause,
					 phrase, or term of this chapter or the application thereof to any person or
					 circumstance is held invalid, the invalidity shall not affect any remaining
					 provisions, sections, paragraphs, sentences, clauses, phrases, terms, or
					 applications of the chapter which can be given full effect without the
					 invalidity, and to this end the provisions, sections, paragraphs, sentences,
					 clauses, phrases, and terms of this chapter are declared to be
					 severable.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 1 - GENERAL CIVIL SERVICE PROVISIONS; DEFINITIONS › Subchapter 1 - GENERAL CIVIL SERVICE PROVISIONS › Section 14-1-1 - Purpose of chapter; statement of policy

Current through June, 2024
The purpose of this chapter is to set forth the fundamental
					 character of the system of human resources administration governed by these
					 rules consistent with merit principle.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 1 - GENERAL CIVIL SERVICE PROVISIONS; DEFINITIONS › Subchapter 1 - GENERAL CIVIL SERVICE PROVISIONS › Section 14-1-2 - Applicability of rules

Current through June, 2024
(a) These rules
				  shall apply to the state civil service system, including all positions and all
				  incumbents of such positions. Unless a rule so specifies, it shall not apply to
				  positions and employees in the exempt service.
(b) The state civil service system shall
				  include all positions in the executive branch of the government except those
				  specifically exempted therefrom by or pursuant to statute or by the director in
				  accordance with section
				  76-16,
				  Hawaii Revised Statutes, as amended. The director is authorized and directed to
				  determine finally whether a position is in the merit system.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 1 - GENERAL CIVIL SERVICE PROVISIONS; DEFINITIONS › Subchapter 1 - GENERAL CIVIL SERVICE PROVISIONS › Section 14-1-4 - General responsibilities of departments

Current through June, 2024
(a) The
				  head of each department shall be responsible for human resources management
				  within each department and shall provide for the cooperation of the department
				  with the department of human resources development in the administration of
				  human resources matters.
(b)
				  Authority for the administration of departmental human resources matters may be
				  delegated to those officials responsible for planning, directing, and
				  supervising the work of others to the extent compatible with economical and
				  efficient administration. The exercise of the authority shall be subject to
				  policies, rules, guidelines, procedures, and standards established by the head
				  of the department and the department of human resources development.
(c) Each employing department shall be
				  responsible for establishing and maintaining written human resources policies
				  which conform to the applicable laws, rules, policies, guidelines, procedures,
				  and standards of the civil service system.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 1 - GENERAL CIVIL SERVICE PROVISIONS; DEFINITIONS › Subchapter 1 - GENERAL CIVIL SERVICE PROVISIONS › Section 14-1-5 - Reporting human resources information

Current through June, 2024
Each department shall report human resources information to
					 the director as the director deems necessary as to matters within the
					 director's jurisdiction. The information shall be supplied at the time and
					 manner as the director prescribes.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 1 - GENERAL CIVIL SERVICE PROVISIONS; DEFINITIONS › Subchapter 1 - GENERAL CIVIL SERVICE PROVISIONS › Section 14-1-6 - Authority to investigate

Current through June, 2024
The director may conduct investigations to secure
					 enforcement of chapter
					 76, Hawaii Revised Statutes, and other
					 pertinent portions of law and the rules, policies, standards, guidelines and
					 procedures governing civil service system employment.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 1 - GENERAL CIVIL SERVICE PROVISIONS; DEFINITIONS › Subchapter 1 - GENERAL CIVIL SERVICE PROVISIONS › Section 14-1-7 - Enforcement authority of director

Current through June, 2024
Whenever the director 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, policies, standards, guidelines and procedures administered by the
				  director, the director 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 director issues specific
				  instructions for corrective actions, the appointing authority concerned shall
				  comply with the director's orders and make a report thereon to the director. If
				  the appointing authority fails to do so, the director shall certify the facts
				  to the comptroller, with a copy to the department concerned, and thereafter no
				  payment shall be made of salary or wages accruing to the appointing
				  authority.
(2) That any officer or
				  employee has violated the laws, policies, standards, guidelines and procedures
				  administered by the director, the director shall take action in accordance with
				  law as may be appropriate to secure compliance.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 1 - GENERAL CIVIL SERVICE PROVISIONS; DEFINITIONS › Subchapter 1 - GENERAL CIVIL SERVICE PROVISIONS › Section 14-1-8 - Equal employment opportunity

Current through June, 2024
There shall be equal opportunity for all in compliance with
					 all laws prohibiting discrimination.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 1 - GENERAL CIVIL SERVICE PROVISIONS; DEFINITIONS › Subchapter 1 - GENERAL CIVIL SERVICE PROVISIONS › Section 14-1-9 - Delegation of authority

Current through June, 2024
The director may delegate to departments authority to act
					 in human resources matters in accordance with policies, rules, guidelines,
					 procedures, and standards issued by the director.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 2 - PUBLIC INFORMATION; PETITION FOR REVISION OF RULES AND DECLARATORY RULINGS › Section 14-2-1 - Public information

Current through June, 2024
(a) The public
				may-obtain information as to matters within the jurisdiction of the department
				of human resources development by inquiring in person at the department or by
				submitting a request in writing to the director of human resources
				development.
(b) All rules, orders,
				or opinions of the department of human resources development are on file and
				available for public inspection at the department.
(c) Rules of the department of human
				resources development are available to the public on the lieutenant governor's
				internet website.
(d) Printed
				copies of rules are available to the public at a price fixed by the department
				of human resources development in accordance with section
				91-2.5,
				HRS, to cover mailing and publication costs.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 2 - PUBLIC INFORMATION; PETITION FOR REVISION OF RULES AND DECLARATORY RULINGS › Section 14-2-2 - Petition for adoption, amendment or repeal of rules

Current through June, 2024
(a) Any
				interested person may petition the department of human resources development,
				requesting the adoption, amendment or repeal of any rule of the department of
				human resources development.
(b)
				The petition shall be submitted in three copies to the department of human
				resources development. It shall include:
(1)
				A statement of the nature of the petitioner's interest;
(2) A draft or the substance of the proposed
				rule or amendment or a designation of the provisions sought to be repealed;
				and
(3) An explicit statement of
				the reasons in support of the proposed rule, amendment or repeal.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 2 - PUBLIC INFORMATION; PETITION FOR REVISION OF RULES AND DECLARATORY RULINGS › Section 14-2-3 - Declaratory ruling

Current through June, 2024
(a) Any interested
				person may petition the department of human resources development for a
				declaratory order as to the applicability of any statute which the department
				administers or of any rule or order of the department.
(b) The petition shall be submitted in
				duplicate to the department of human resources development. It shall contain:
(1) The name, address and telephone number of
				the petitioner;
(2) A statement of
				the nature of petitioner's interest, including reasons for the submission of
				the petition;
(3) A designation of
				the specific provision, rule, or order in question;
(4) A complete statement of the relevant
				facts;
(5) A statement of the
				position or contention of the petitioner; and
(6) A memorandum of authorities, containing a
				full discussion of the reasons, including any-legal authorities, in support of
				such position or contention.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 3.01 - FILLING POSITIONS IN THE CIVIL SERVICE › Subchapter 1 - GENERAL PROVISIONS › Section 14-3.01-1 - Purpose

Current through June, 2024
The purpose of this chapter is to implement a system of
					 recruitment and selection of public officers and employees in accordance with
					 merit-based civil service laws which will attract, select, and retain the best
					 individuals to provide competent, efficient, loyal, and ethical service to the
					 public in accordance with the needs of the service. The provisions of this
					 chapter shall apply to competitive recruitments open to the general
					 public.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 3.01 - FILLING POSITIONS IN THE CIVIL SERVICE › Subchapter 1 - GENERAL PROVISIONS › Section 14-3.01-2 - Appointment through the merit system

Current through June, 2024
(a) The director
				  shall be responsible for locating the best qualified applicants available for
				  open-competitive examination and for determining the relative capacity and
				  fitness of applicants.
(b) The
				  director may establish standards with respect to age, education, training,
				  experience, suitability, physical and mental fitness, formal assembled testing,
				  and other requirements which applicants must meet to be rated in
				  examinations.
(c) Eligibles shall
				  be placed on an appropriate list in the manner prescribed by these
				  rules.
(d) A person selected
				  through the civil service recruitment procedure for a permanent or temporary
				  position shall be required to serve an initial probation period provided that
				  when a temporary appointment is made, the duration exceeds the probation
				  period.
(e) The director may
				  determine the types, duration, and conditions of other types of appointment in
				  the civil service system and may prescribe the methods for removing persons
				  holding these appointments.
(f)
				  Membership in the civil service will be acquired by a probationary employee
				  upon successful completion of an initial probation period.
(g) No person shall be appointed or employed
				  in the civil service system or perform the duties of any position until the
				  person passes the examination prescribed by the director or unless specifically
				  exempted.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 3.01 - FILLING POSITIONS IN THE CIVIL SERVICE › Subchapter 1 - GENERAL PROVISIONS › Section 14-3.01-3 - Discretion of appointing authority in filling vacancies

Current through June, 2024
(a) An appointing authority may fill any
				  position in the civil service by appointment from a civil service list,
				  including positions exempt from the classification system, through the civil
				  service recruitment procedure or other means as provided for by statute, these
				  rules, or guidelines.
(b) At the
				  discretion of the appointing authority, a permanent position may be filled on a
				  temporary basis for good reason.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 3.01 - FILLING POSITIONS IN THE CIVIL SERVICE › Subchapter 2 - RECRUITMENT › Section 14-3.01-4 - Citizenship and residence

Current through June, 2024
Applicants shall be residents or former residents of the
					 State and citizens, nationals, permanent resident aliens of the United States,
					 or eligible under federal law for unrestricted employment in the United States
					 at the time of application.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 3.01 - FILLING POSITIONS IN THE CIVIL SERVICE › Subchapter 2 - RECRUITMENT › Section 14-3.01-5 - Announcement of recruitment and examination

Current through June, 2024
Whenever there is need for eligibles, the director may
					 conduct a recruitment and examination announcement in the manner and for the
					 period deemed reasonable and appropriate.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 3.01 - FILLING POSITIONS IN THE CIVIL SERVICE › Subchapter 2 - RECRUITMENT › Section 14-3.01-8 - Acceptance of applications

Current through June, 2024
(a) Application for
				  examination and employment shall be made in such form and manner and with such
				  supplemental information including the applicant's social security number as
				  determined by the director.
(b) The
				  director may determine the number of applications to accept and evaluate based
				  on need.
(c) Applications for
				  competitive examinations shall be accepted only during the period specified in
				  the announcement. However, the director may accept late applications for good
				  reason.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 3.01 - FILLING POSITIONS IN THE CIVIL SERVICE › Subchapter 2 - RECRUITMENT › Section 14-3.01-9 - Cancellation of recruitment and examination announcements

Current through June, 2024
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 and all applicants shall be notified of
					 the cancellation.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 3.01 - FILLING POSITIONS IN THE CIVIL SERVICE › Subchapter 3 - EXAMINATION › Section 14-3.01-10 - Scope and character of examinations

Current through June, 2024
(a) The director
				  may consult with qualified persons in regard to the content of tests, the
				  rating of applicants or related test matters.
(b) Each examination shall relate to those
				  matters which will best test the relative capacity and fitness of applicants
				  for the proper performance of the characteristic duties of the class for which
				  the examination is held.
(c) Any
				  accepted personnel examining technique may be used, including a verification
				  and evaluation of education, training, and experience; tests of knowledge,
				  skill, ability, intelligence, or aptitude; medical examinations including
				  pre-employment drug tests, appraisals of personal suitability; inquiry into
				  moral character of applicants and any other matter that the director deems
				  appropriate.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 3.01 - FILLING POSITIONS IN THE CIVIL SERVICE › Subchapter 3 - EXAMINATION › Section 14-3.01-11 - Disqualification of applicants

Current through June, 2024
(a) The director
				  may, for good cause, reject any application or deny any appointment. Without
				  limitation to the foregoing, an applicant may be denied admittance to an
				  examination and an eligible may be denied appointment for any of the following
				  reasons:
(1) Failure to meet the minimum
				  qualification requirements or other public employment requirements for
				  admission to the examination;
(2)
				  Physical or mental unfitness to perform the duties of the class or position for
				  which the examination is to be conducted;
(3) Habitual or excessive use of drugs,
				  narcotics, or intoxicating beverages;
(4) False statements or deception or fraud in
				  the examination process or appointment;
(5) Submission of defective or incomplete
				  application;
(6) Refusal or failure
				  to furnish documents required to verify any statements made in the
				  application;
(7) Conviction of a
				  penal offense which affects the applicant's suitability;
(8) Any record of misconduct which is
				  detrimental to the proper performance of the duties and responsibilities of the
				  class or position; or
(9)
				  Conviction of any act, attempt, or conspiracy to overthrow the State or the
				  federal government by force or violence.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 3.01 - FILLING POSITIONS IN THE CIVIL SERVICE › Subchapter 3 - EXAMINATION › Section 14-3.01-12 - Conduct of examinations

Current through June, 2024
(a) Examinations
				  shall be held at the time and place, which in the judgment of the director, is
				  most practical and meets the need of the service.
(b) If an assembled examination is to be
				  administered, qualified applicants shall be notified of the date, time, and
				  place of the examination. The director shall not be responsible if a notice is
				  lost in the mail or sent to an applicant's former address through failure of
				  the applicant to inform the director of a change of address.
(c) No applicant shall be entitled to take an
				  examination at a date, time, or place other than stated in the notification
				  except as the director may authorize.
(d) All applicants for examinations involving
				  physical ability or performance tests may be required to sign a waiver of
				  liability.
(e) All reasonable
				  precautions shall be taken to protect the confidentiality of information about
				  applicants.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 3.01 - FILLING POSITIONS IN THE CIVIL SERVICE › Subchapter 3 - EXAMINATION › Section 14-3.01-13 - Rating of examinations

Current through June, 2024
(a) Appropriate
				  techniques and procedures shall be used in rating examinations and determining
				  the relative ranking of applicants. The final rating required to pass an
				  examination shall be set by the director. The director may set minimum ratings
				  for each part of an examination and applicants may be required to obtain at
				  least the minimum rating in each part of the examination to be rated on the
				  remaining parts of the examination. The final earned rating of each applicant
				  shall be determined by combining the earned ratings of each part of the
				  examination in accordance with the weights established for each part.
(b) Eligibles shall be placed on
				  open-competitive lists in order of their final earned ratings plus creditable
				  veteran's preference points and on promotional lists in the order of final
				  earned ratings. Veteran's preference points and qualification for such
				  additional credit shall be determined by the director provided the applicant
				  qualifies with at least the minimum rating for each part of the
				  examination.
(c) The director may
				  notify applicants only as to whether or not they qualified when the number of
				  applicants is deemed by the director to be insufficient for an adequate
				  certification.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 3.01 - FILLING POSITIONS IN THE CIVIL SERVICE › Subchapter 3 - EXAMINATION › Section 14-3.01-14 - Notification of results of examination

Current through June, 2024
Each applicant who participates in an examination shall be
					 given written notice of the test performance results.