reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 3 - EXAMINATION › Section 8-63-22 - Disqualification of applicants

Current through June, 2024
(a) The assistant
					 superintendent may, for good reason, reject any application, disqualify an
					 applicant for any period of time, or deny or rescind the certification of
					 eligibility. This includes, but is not limited to, denying an applicant
					 authorization to take an examination or denying or rescinding the certification
					 of eligibility for any of the following reasons:
(1) Failure to meet the minimum qualification
					 requirements or other public employment requirements for admission to the
					 examination by the closing date for receipt of applications;
(2) Submission of a defective or an
					 incomplete application;
(3) Refusal
					 or failure to furnish documents required to verify any statements made in the
					 application;
(4) Deception, fraud,
					 or false statements in the application, examination, or appointment
					 process;
(5) Failure to meet
					 medical requirements to perform the essential job functions of the class or
					 position;
(6) Illegal use of
					 drugs;
(7) Conviction of any
					 controlled substance-related offense during the three-year period immediately
					 preceding the date of the application for employment;
(8) Conviction of a criminal offense which
					 affects the applicant's suitability to properly perform the duties and
					 responsibilities of the class or position;
(9) A record of misconduct which is
					 detrimental to the proper performance of the duties and responsibilities of the
					 class or position; or
(10)
					 Conviction of any act, attempt, or conspiracy to overthrow the State or the
					 federal government by force or violence.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 3 - EXAMINATION › Section 8-63-23 - Conduct of examinations

Current through June, 2024
(a) Examinations
					 shall be held at the times, places and in the manner that, in the judgment of
					 the assistant superintendent, are most practical and meet the needs of the
					 department.
(b) Qualified
					 applicants shall be notified of the date, time, and place of the examination.
					 The department 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
					 department 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 assistant superintendent may authorize.
(d) All reasonable precautions shall be taken
					 to protect the confidentiality of information about applicants.
(e) All applicants for examinations involving
					 physical ability or performance tests may be required to sign a waiver of
					 liability.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 3 - EXAMINATION › Section 8-63-24 - Rating of examinations

Current through June, 2024
(a) Appropriate
					 testing techniques and procedures shall be used in rating examinations and
					 determining the relative ranking of applicants. The final earned rating
					 required to pass an examination shall be set by the assistant superintendent.
					 The assistant superintendent may set minimum ratings for each part of an
					 examination. Applicants may be required to obtain at least the minimum rating
					 in each part of the examination to be rated on the remaining parts. 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.
(b) Eligibles shall be
					 placed on open-competitive lists in order of their final earned ratings, which
					 includes any creditable veteran's preference points, and on promotional lists
					 in the order of final earned ratings. Veteran's preference points shall be
					 awarded for the periods and conditions authorized by law to applicants who
					 qualify with at least the minimum passing rating for each part of the
					 examination.
(c) Based on factors
					 determined by the assistant superintendent, applicants may be notified only as
					 to whether or not they qualified to be on the eligible list.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 3 - EXAMINATION › Section 8-63-25 - Notification of results of examination

Current through June, 2024
(a) Applicants who
					 participate in an examination shall be given written notice of their test
					 results.
(b) The filing of an
					 appeal by an applicant on any part of an examination shall not delay, prevent
					 or invalidate the certification of names from the eligible list nor the
					 appointment of a person from the list.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 3 - EXAMINATION › Section 8-63-26 - Changes in rating

Current through June, 2024
(a) Changes in
					 rating may be made as a result of the discovery of errors in the rating, or as
					 a result of an administrative review.
(b) Rating errors and changes as a result of
					 administrative review may be corrected throughout the life of the eligible
					 list.
(c) Applicants whose ratings
					 are changed shall be notified.
(d)
					 Changes in rating shall not affect a certification already issued or invalidate
					 an appointment already made from the eligible list, except that the appointment
					 shall be voided when a person is found within the probationary period to have
					 failed the examination.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 3 - EXAMINATION › Section 8-63-27 - Custody and protection of materials

Current through June, 2024
(a) To protect the
					 confidentiality of examination questions, review of test materials prepared by
					 the department or obtained from other governmental jurisdictions or private
					 firms shall not be permitted.
(b)
					 Technical and examination materials used in preparation and ratings of
					 examinations and supporting documents shall remain the property of the
					 department.
(c) All examination
					 material relating to a particular applicant or applicants including but not
					 limited to reports of character and material regarding personal suitability of
					 the applicant shall be considered confidential information.
(d) Appointing authorities or their
					 authorized representatives may inspect the examination papers of eligibles
					 whose names have been certified to them for appointment. To preserve the
					 confidential character and sources of information and to protect against
					 dissemination of unfounded or unproved allegations, reports of character,
					 personal suitability and other confidential information shall be secured and
					 held in strict confidence and will not be made available for review by the
					 appointing authorities unless specifically authorized by the assistant
					 superintendent. Appointing authorities and their representatives shall not
					 disclose the examination materials or their contents to any person.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 3 - EXAMINATION › Section 8-63-28 - Records and reports of examinations

Current through June, 2024
An examination record shall be maintained in accordance
						with the department of accounting and general services guidelines. The
						assistant superintendent shall determine the contents of the examination
						record.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 4 - CERTIFICATION › Section 8-63-31 - Duration of eligibility

Current through June, 2024
(a) An eligible on
					 an open or promotional competitive eligible list shall have eligibility for
					 employment consideration for no less than six months from the date the list is
					 established or until the list is canceled or terminated. The eligibility period
					 may be extended at the discretion of the assistant superintendent.
(b) A person on a select priority list shall
					 be eligible for employment consideration until the person secures new
					 employment. An employee who had a temporary appointment without return rights
					 to a permanent position shall be eligible for select priority employment only
					 to the end date of the temporary appointment.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 4 - CERTIFICATION › Section 8-63-32 - Certification of eligibles

Current through June, 2024
(a) Upon receipt of
					 a request for a list of eligibles, the assistant superintendent shall certify
					 names from available lists of eligibles for each vacancy. The order of eligible
					 lists to be used for certification shall be as follows:
(1) Select priority list;
(2) Intra-departmental promotional
					 list;
(3) Recall list;
					 and
(4) Open-competitive list. An
					 eligible on an open-competitive list shall be certified on the basis of the
					 eligible's examination ratings and availability for work location and duration
					 of employment.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 4 - CERTIFICATION › Section 8-63-33 - Selective certification

Current through June, 2024
When there is no list of eligibles appropriate for
						certification for filling a particular position requiring distinctive or unique
						qualifications, the assistant superintendent may certify selectively the names
						of eligibles who are qualified for the particular position. The certification
						may be in the order of the eligible's current ranking, or of a new ranking as
						determined by the assistant superintendent, based upon the particular
						requirements of the position.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 4 - CERTIFICATION › Section 8-63-34 - Selection by the appointing authority

Current through June, 2024
(a) The appointing
					 authority may interview as many eligibles certified from an open-competitive
					 eligible list as deemed necessary to fill the vacant position based on job
					 related requirements and program needs. All eligibles who possess the job
					 related requirements must be given the opportunity for an interview.
(b) The appointing authority shall interview
					 all interested and available eligibles certified from the intra-departmental
					 promotional list. The requirement to interview an eligible may be waived
					 whenever the appointing authority has interviewed and fully assessed the
					 eligible's qualifications for a similar position from another interview
					 conducted during the previous six months.
(c) All eligibles who are interviewed, but
					 not selected shall be notified in writing.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 4 - CERTIFICATION › Section 8-63-35 - Suspension, restoration, and removal of names from eligible list

Current through June, 2024
(a) The assistant superintendent may suspend
					 an eligible from certification for any of the following reasons:
(1) Applicant fails to demonstrate interest
					 or availability for employment;
(2)
					 Failure to reply to a written inquiry relating to availability;
(3) Failure to meet physical or medical
					 requirements for the position;
(4)
					 Further investigation of the eligible's suitability needs to be
					 conducted;
(5) Eligible is
					 unavailable for employment;
(6) The
					 eligible is appointed to a temporary position from an eligible list. The
					 suspension shall apply to other temporary vacancies only; or
(7) There is other good reason 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 4 - CERTIFICATION › Section 8-63-36 - Cancellation of eligible lists

Current through June, 2024
(a) The assistant
					 superintendent may cancel an eligible list for good reason including but not
					 limited to the following reasons:
(1) Changes
					 in the minimum qualification or classification standards of a class of
					 positions;
(2) Abolishment of the
					 class for which the list of eligibles was established; or
(3) All eligibles are unavailable for
					 employment.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 5 - TYPES OF APPOINTMENT › Section 8-63-39 - Civil service appointment

Current through June, 2024
(a) An employee is
					 granted a civil service appointment when the appointment is as a result of
					 civil service recruitment procedures.
(b) A civil service appointment may be made
					 to a temporary or permanent position in the civil service or permanent civil
					 service position being filled on a temporary basis.
(c) The appointing authority shall inform all
					 applicants referred under civil service recruitment procedures if the
					 appointment has a limitation date.
(d) An applicant who receives a civil service
					 appointment does not become a member of the civil service until completing a
					 probationary period and otherwise meeting the requirements of this chapter,
					 section
					 76-27,
					 Hawaii Revised Statutes, and guidelines and procedures issued 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 5 - TYPES OF APPOINTMENT › Section 8-63-40 - Probationary appointment

Current through June, 2024
(a) All vacancies
					 and new positions in the civil service shall be filled by probationary
					 appointments, except as provided by these rules. The probationary period shall
					 be utilized as part of the examination process to determine the fitness and
					 ability of the employee for employment in the position and civil service. An
					 employee must meet the performance requirements of the position in order to
					 successfully complete the probationary period.
(b) An initial probationary period shall be
					 required when a person who does not have regular status or membership in civil
					 service is appointed to a permanent civil service position, except as provided
					 by these rules.
(c) A new
					 probationary period shall be required of a regular employee when the employee:
(1) Is promoted to a permanent
					 position;
(2) Is transferred to a
					 permanent position in another class;
(3) Receives a voluntary demotion to a
					 permanent position which is not in the same series; or
(4) Is in a position which is reallocated to
					 a class in a higher pay range.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 5 - TYPES OF APPOINTMENT › Section 8-63-41 - Non-civil service appointments

Current through June, 2024
(a) The appointing
					 authority may make an appointment of not more than eighty-nine consecutive
					 calendar days or of less than twenty hours a week for thirty-seven consecutive
					 weeks without regard to the minimum qualification requirements of the position
					 or a non-civil service temporary appointment outside the list in order to meet
					 immediate operational needs provided that:
(1) The employee chosen for such an
					 appointment must meet the public employment requirements under section
					 78-1,
					 Hawaii Revised Statutes, and possess the necessary occupational license,
					 certification, or registration required by statute or regulation. Service
					 acquired in a non-civil service appointment shall not be credited towards
					 meeting the requirements of an initial probationary period;
(2) The following conditions shall apply for
					 such appointments:
(A) The appointing
					 authority ensures the employee will perform duties characteristic of the
					 class;
(B) The employee has not
					 received a non-civil service appointment in the same class of work within the
					 last three months, unless this restriction is waived by the assistant
					 superintendent; and
(C) There are
					 no interested and available applicants on an appropriate eligible list to fill
					 the vacancy, or the appointing authority is unable to make a selection from an
					 appropriate eligible list.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 5 - TYPES OF APPOINTMENT › Section 8-63-42 - Exempt appointment

Current through June, 2024
The assistant superintendent shall create positions
						exempted from civil service as permitted by section
						76-16,
						Hawaii Revised Statutes, or as may otherwise be permitted by law. The assistant
						superintendent may also exempt a position temporarily when a position is
						pending establishment of a new class, or may exempt a position permanently when
						the establishment of a class is impracticable. Exempt appointments also include
						positions that have a narrow limitation period that precludes completion of
						probation. The assistant superintendent shall review on a periodic basis the
						exempt positions to determine whether such positions should continue to be
						exempt and may revoke a previously authorized exemption when the particular
						position or services no longer meets the criteria or conditions for exemption.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 6 - CLASSIFICATION SYSTEMS › Section 8-63-45 - Purpose

Current through June, 2024
The purpose of this subchapter is to develop and
						maintain systems within the department for the objective, consistent, and
						timely classification of all civil service positions and for the reasonable and
						consistent assignment of classes of positions to pay ranges. The systems so
						established shall be based on merit, and contribute to the selection and
						retention of public employees by compensating them in accordance with law. The
						systems or any portions thereof may be extended to non-civil service positions
						as required by law or for the good of the service.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 6 - CLASSIFICATION SYSTEMS › Section 8-63-46 - Development and maintenance of classification systems

Current through June, 2024
The assistant superintendent shall establish, implement,
						and maintain one or more classification systems covering all civil service
						positions, not otherwise exempted by rules. The classification systems shall be
						constructed with the objective of achieving equal pay for equal work as
						provided in section
						76-1,
						Hawaii Revised Statutes. The duties and responsibilities assigned to positions
						and other factors necessary to a proper understanding of their work are to be
						documented in official position descriptions prepared by the affected state
						office or complex area. In establishing, implementing, and maintaining the
						classification systems, the assistant superintendent may inquire at any time
						into the work of positions, their minimum qualification requirements and other
						relevant factors.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 6 - CLASSIFICATION SYSTEMS › Section 8-63-47 - Establishment of classification standards

Current through June, 2024
(a) The assistant
					 superintendent shall establish standards for the development and maintenance of
					 classification systems relative to position descriptions, class specifications,
					 and other matters.
(b) The
					 assistant superintendent is authorized to establish, revise, or abolish classes
					 in order to maintain the classification systems.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 6 - CLASSIFICATION SYSTEMS › Section 8-63-48 - Procedures for classification

Current through June, 2024
Authority to develop procedures for the establishment,
						implementation, and maintenance of the classification systems is vested with
						the assistant superintendent. Governing procedures shall apply to all relevant
						aspects including position descriptions, authorizations, supporting documents,
						standards of adequacy, and submittal of classification requests.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 6 - CLASSIFICATION SYSTEMS › Section 8-63-49 - Classification of positions

Current through June, 2024
(a) The assistant
					 superintendent shall:
(1) Place any position
					 subject to this chapter into an appropriate class; and
(2) Reallocate any position from one class to
					 another class, whenever warranted, by material changes in position duties and
					 Responsibilities, class allocation standards, or to correct an error.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 6 - CLASSIFICATION SYSTEMS › Section 8-63-50 - Effective dates of classification actions

Current through June, 2024
The assistant superintendent shall put forth guidelines
						on establishing effective dates for classification of new positions and
						existing positions.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 6 - CLASSIFICATION SYSTEMS › Section 8-63-51 - Position descriptions

Current through June, 2024
The duties and responsibilities assigned to a position
						shall be accurately reflected in an official position description and aligned
						to the organization's functional statement. Revised position descriptions shall
						be submitted on a timely basis if significant changes in the duties and
						responsibilities of the position are made.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 6 - CLASSIFICATION SYSTEMS › Section 8-63-52 - Classification actions and merit principles

Current through June, 2024
Classification actions effected shall be consistent with
						the principles of the merit system. In the event other more appropriate
						personnel processes are not available, the appointing authority may request the
						reallocation of a position in lieu of promoting or demoting the affected
						incumbent, provided the basic principles and requirements governing promotions
						and demotions, as applicable, are followed.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 7 - COMPENSATION SYSTEMS › Section 8-63-55 - Assignment of new classes to pay ranges

Current through June, 2024
The assistant superintendent shall assign new classes to
						appropriate pay ranges in the compensation plans, consistent with policies and
						standards established in accordance with statute and the following
						principles:
(1) Equal pay for equal
					 work shall apply between classes in the same bargaining unit among
					 jurisdictions for those classes determined to be equal through systematic
					 classification of positions based on objective criteria and adequate job
					 evaluation, unless it has been agreed in accordance with chapter
					 89, Hawaii Revised Statutes, to
					 negotiate the repricing of classes;
(2) Permanent and continual exposure to
					 unusually hazardous working conditions may be recognized as a factor in the
					 assignment of classes to pay ranges.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 8 - EXEMPTIONS FROM CIVIL SERVICE › Section 8-63-58 - General provisions

Current through June, 2024
(a) This subchapter
					 applies to positions, and persons in those positions, and persons providing
					 personal services which are by law excepted from all or part of the provisions
					 of the civil service law.
(b) All
					 positions and persons in the exempt service are excluded from the requirements
					 of selection by merit competition and from civil service status but should be
					 fully qualified by experience and ability to perform the duties of the position
					 or personal services.
(c) Except as
					 provided by law, the requirements of position classification and compensation
					 may not be applicable.
(d) At the
					 time of their hire as a condition of eligibility for continued employment,
					 persons shall be citizens, nationals, permanent resident aliens of the United
					 States, or deemed eligible for employment under federal law, and residents or
					 former residents of the State with the exceptions as provided by section
					 78-1,
					 Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 8 - EXEMPTIONS FROM CIVIL SERVICE › Section 8-63-59 - Authority to exempt

Current through June, 2024
(a) The assistant
					 superintendent shall exempt positions, persons, or personal services in
					 accordance with law upon finding that the conditions and requirements of law
					 are met.
(b) The assistant
					 superintendent may establish standards and procedures for the exemption of
					 positions.
(c) The assistant
					 superintendent may revoke a previously authorized exemption when the particular
					 position or services no longer meet the criteria or conditions for exemption.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 9 - LEAVES › Section 8-63-62 - Leave of absences

Current through June, 2024
Employees shall be eligible for vacation leave, sick
						leave, and other leaves of absences with or without pay, as negotiated under
						applicable collective bargaining agreements. Employees excluded from collective
						bargaining shall secure similar leaves as provided under section
						89C-3
						and
						89C-4,
						Hawaii Revised Statutes, as applicable.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 9 - LEAVES › Section 8-63-63 - Leave sharing

Current through June, 2024
(a) The assistant
					 superintendent may establish a leave sharing program that allows employees
					 within the department to ease the burdens of fellow employees who otherwise
					 need to take time off from work without pay to recover from a serious personal
					 illness or injury or to care for a family member who has a serious illness or
					 injury and is incapable of self care.
(b) As used in this section:
(1) "Family member" means an employee's:
(A) Spouse; or
(B) Parent or unmarried child in a blood or
					 legal relationship, or a "hanai" relationship through the Hawaiian custom,
					 provided the employee is the primary caregiver.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 10 - MEDICAL EXAMINATIONS › Section 8-63-66 - Medical guidelines

Current through June, 2024
The assistant superintendent is authorized to establish
						medical guidelines related to performing the essential job functions for the
						department's classes of work. In establishing these guidelines, the assistant
						superintendent may consult with medical professionals, the applicable
						department or appointing authority, or other appropriate specialists. These
						guidelines will:
(1) Ensure that
					 persons seeking employment in the department civil service system meet the
					 medical and physical requirements necessary for the safe and efficient
					 performance of the essential functions of the position for which they are being
					 medically evaluated; and
(2) Ensure
					 that employees are able to perform the essential functions of their positions.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 10 - MEDICAL EXAMINATIONS › Section 8-63-67 - Kinds of medical examinations

Current through June, 2024
The assistant superintendent may require the following
						kinds of medical examinations:
(1)
					 Pre-employment medical examination. A pre-employment medical examination is a
					 medical examination to evaluate the person's ability to satisfactorily perform
					 the essential job functions of the position for which the individual is being
					 hired;
(2) Medical evaluation. A
					 medical evaluation is a medical examination to evaluate the employee's ability
					 to satisfactorily perform the essential functions of the employee's current
					 position.
(A) Periodic medical evaluation
					 shall be required of all employees holding positions in classes for which such
					 examinations are required by law or which the assistant superintendent finds,
					 based on the nature of the work performed or other interests of the department,
					 an evaluation is necessary.
(B) The
					 appointing authority may require a medical evaluation whenever it is necessary
					 to determine the employee's ability to safely perform the essential functions
					 of the employee's present position.
(C) If an employee is selected for a
					 promotion, transfer, or other change to a position in a class for which the
					 medical and physical requirements to perform the essential functions exceed
					 those required for the employee's present position, and the assistant
					 superintendent has determined that a medical evaluation is required for the
					 position, the employee shall be medically evaluated prior to appointment.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 10 - MEDICAL EXAMINATIONS › Section 8-63-68 - Failure to meet employment requirements

Current through June, 2024
(a) In determining
					 whether a person is ' qualified for initial appointment or continued
					 employment, the assistant superintendent or appointing authority shall review
					 medical as well as other pertinent information from the individual, or any
					 other appropriate source regarding the person's ability to currently perform
					 the essential functions of the position.
(b) If it is determined that an applicant
					 does not meet the employment requirements for initial appointment, the
					 applicant shall be disqualified for appointment. The assistant superintendent
					 shall notify the applicant in writing of the reason(s) they are denied from
					 further employment consideration for the position for which they
					 applied.
(c) If it is determined
					 that an employee does not meet the medical requirements for continued
					 employment, the appointing authority shall notify the assistant superintendent
					 in writing prior to taking any action. Upon concurrence by the assistant
					 superintendent, the appointing authority shall notify the employee in writing
					 of the reason(s) for disqualification and action to be taken.
(d) The assistant superintendent shall
					 prescribe the procedures for the placement of employees on a department-wide
					 basis whenever, upon medical evaluation, employees do not meet the medical
					 requirements to perform the essential functions of their positions. If there is
					 no suitable position for which an employee meets the minimum qualification and
					 medical requirements, the appointing authority may terminate the employee's
					 employment. Upon termination, the former employee shall be eligible to be
					 placed on the priority placement list, if the employee meets the requirements
					 to be placed on this list, or on the appropriate re-employment list for which
					 the former employee meets the minimum qualifications and medical
					 requirements.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 11 - INTERNAL COMPLAINT PROCEDURE › Section 8-63-71 - Purpose

Current through June, 2024
The purpose of this subchapter is to establish a
						procedure for handling complaints related to human resources actions described
						in this chapter.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 11 - INTERNAL COMPLAINT PROCEDURE › Section 8-63-72 - Applicability

Current through June, 2024
(a) The internal complaint procedure shall
					 apply to matters within the jurisdiction of the merit appeals board in
					 accordance with section
					 76-14,
					 Hawaii Revised Statutes:
(1) Recruitment:
					 Actions taken in processing applicants for civil service employment;
(2) Examination: Actions taken in evaluating
					 an applicant for civil service employment, to include the initial probationary
					 period;
(3) Classification and
					 reclassification: Actions taken in assigning a civil service position to a
					 class of work;
(4) Initial pricing
					 of classes: Actions taken affecting a civil service employee in a new class
					 when initially priced; and
(5)
					 Adverse employment actions under chapter
					 76, Hawaii Revised Statutes, 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 63 - CIVIL SERVICE RULES › Subchapter 11 - INTERNAL COMPLAINT PROCEDURE › Section 8-63-73 - Internal complaint procedure

Current through June, 2024
This procedure consists of an informal review and a
						formal complaint process. An administrative review constitutes the informal
						review process. If the complaint cannot be resolved at this level, a formal
						complaint may then be filed through the formal complaint process.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 11 - INTERNAL COMPLAINT PROCEDURE › Section 8-63-74 - Administrative review

Current through June, 2024
(a) For complaints
					 within the jurisdiction of the merit appeals board, the following persons shall
					 be entitled to file a request for administrative review:
(1) Recruitment: Any person who has filed an
					 application for a vacant civil service position or a recruitment program and
					 who alleges an improper recruitment.
(2) Examination:
(A) Any applicant who:
(i) Receives notification of failure to meet
					 minimum qualifications for the class, position, or public employment
					 requirements for which a formal application was filed;
(ii) Receives notification of an
					 unsatisfactory examination score;
(iii) Receives notification of non-selection
					 for a civil service position; or
(iv) Receives notification of unsuitability
					 for public employment or a specific class of work applied for;
(B) Any employee serving an
					 initial probationary appointment in a civil service position who is disciplined
					 or terminated for failure to successfully complete the initial probationary
					 period.
(3)
					 Classification or Reclassification: The civil service employee occupying the
					 position as of the effective date of the classification action and any
					 subsequent civil service employee in the position up to the date of the notice
					 of final action who believes the classification action was improper.
(4) Initial pricing of classes: The civil
					 service incumbent of a position in a new class as of the effective date of the
					 initial pricing action who alleges an improper pricing action.
(5) Other employment actions taken against a
					 civil service employee who is excluded from collective bargaining: Any civil
					 service employee who is excluded from collective bargaining coverage under
					 section
					 89-6,
					 Hawaii Revised Statutes, who alleges an adverse employment action under Chapter
					 76, Hawaii Revised Statutes.
The request for administrative review must be filed
						within ten calendar days after the date of the notice of the recruitment,
						examination, classification, reclassification, pricing, or final adverse
						action.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 11 - INTERNAL COMPLAINT PROCEDURE › Section 8-63-75 - Formal complaint process

Current through June, 2024
(a) If the
					 complaint is denied through the administrative review process, the complainant
					 shall be entitled to file a formal complaint within ten calendar days after the
					 notice of administrative review decision.
(b) Upon receipt of the formal complaint, the
					 assistant superintendent or designee shall review the complaint and issue a
					 written decision within ten calendar days after completion of the formal
					 review. If the complaint is:
(1) Denied and
					 the matter is within the jurisdiction of the merit appeals board, information
					 on filing a formal appeal with the merit appeals board shall accompany the
					 written decision; or
(2) Denied and
					 the matter is not within the jurisdiction of the merit appeals board, the
					 decision on the complaint shall be final and binding, unless the matter is
					 within the proper jurisdiction of another body or agency.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 11 - INTERNAL COMPLAINT PROCEDURE › Section 8-63-76 - Appeals to the merit appeals board

Current through June, 2024
The internal complaint procedures shall be exhausted
						before an appeal is filed with the merit appeals board. Appeals to the merit
						appeals board shall be in accordance with section
						76-14,
						Hawaii Revised Statutes, chapter 8-62, Hawaii Administrative Rules, and in
						accordance with the rules of practice and procedures as may be adopted by the
						merit appeals board.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 11 - INTERNAL COMPLAINT PROCEDURE › Section 8-63-77 - Other appeals processes

Current through June, 2024
When an appeal is not under the jurisdiction of the
						merit appeals board but some other administrative agency or appellate body, the
						complainant is responsible for the timely filing of an appeal with the
						appropriate agency regardless of whether the internal complaint procedure under
						this subchapter was used.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 12 - RESIGNATION › Section 8-63-80 - Purpose

Current through June, 2024
The purpose of this subchapter is to provide for orderly
						and uniform procedures for the resignation of employees from department
						service.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 12 - RESIGNATION › Section 8-63-82 - Notice of resignation

Current through June, 2024
When an employee elects to separate from the service,
						the employee shall notify the appointing authority in writing at least fifteen
						calendar days before the date of the separation, unless the appointing
						authority waives this requirement, or due to circumstances specified under
						section 8-63-83.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 12 - RESIGNATION › Section 8-63-83 - Failure to report to duty; resignation

Current through June, 2024
(a) An employee who
					 fails to report to duty for a period of fifteen calendar days without providing
					 the employer with reasons for the absence during the period shall have been
					 deemed to have resigned. The effective date of the resignation shall be the day
					 immediately following the fifteenth day of absence.
(b) If the employee expresses a desire to
					 continue employment within fifteen days from the last day the employee reported
					 for work, the employee shall not be deemed to have resigned. The appointing
					 authority may consider appropriate disciplinary action, including discharge,
					 where the employee fails to provide satisfactory reasons for failure to report
					 for duty as expected.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 12 - RESIGNATION › Section 8-63-84 - Withdrawal of resignation

Current through June, 2024
A resignation shall be binding on the employee upon the
						submission of the resignation notice. It may be withdrawn only with the
						appointing authority's consent.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 12 - RESIGNATION › Section 8-63-85 - Resignation submitted during an investigation

Current through June, 2024
When an employee submits a written resignation while
						being the subject of an investigation pertaining to an alleged impropriety on
						the employee's part, the appointing authority shall determine whether
						to:
(1) Discontinue the investigation
					 and accept the resignation, provided that the requirements of section 8-63-82
					 have been met; or
(2) Continue the
					 investigation and accept the resignation on the condition that it may be
					 changed to a discharge, depending upon the outcome of the
					 investigation.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 12 - RESIGNATION › Section 8-63-86 - Resignation submitted following notice of discharge

Current through June, 2024
If an employee submits a written resignation after
						receiving notice of discharge, the appointing authority shall determine whether
						to:
(1) Accept the resignation,
					 provided that, notwithstanding section 8-63-82, the effective date is on or
					 before the date the discharge would have taken place; or
(2) Reject the resignation and effect the
					 discharge.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 63 - CIVIL SERVICE RULES › Subchapter 12 - RESIGNATION › Section 8-63-87 - Collective bargaining provisions

Current through June, 2024
Whenever there are provisions in a collective bargaining
						agreement that conflict with this subchapter, the terms of the agreement shall
						prevail. Actions taken by the appointing authority shall, if grieved, be filed
						pursuant to the contractual grievance procedure.
Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 65 - ALTERNATIVE ROUTES TO CERTIFICATION › Subchapter 1 - GENERAL PROVISIONS › Section 8-65-1 - Purpose

Current through June, 2024
The purpose of this chapter is to set forth standards
						that an alternative certification program shall meet for the establishment of
						alternative routes to certification for vice-principal school administrators.
						Through the standards set forth herein and an alternative certification program
						meeting these standards, the department will be able to:
(1) Expand its administrator preparation
					 program and attract aspiring school level administrators who have high
					 leadership potential;
(2) Ensure
					 the program prepares its candidates to meet the expectations of the department
					 in fulfilling their roles and responsibilities in improving student learning in
					 the public school system;
(3)
					 Address shortages in high-need schools or areas; and
(4) Increase the applicant pool eligible for
					 service in any public school.