reglab/statecodes huggingface dataset:
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 14-3.01-15 - Administrative review of examination rating

Current through June, 2024
An applicant may request administrative review of rating
					 assigned in examination by submitting to the department in writing information
					 to substantiate the request within ten calendar days following the date the
					 examination notice was sent. Notwithstanding the foregoing, the certification
					 of eligibles shall not be withheld or delayed.
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 14-3.01-16 - 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 may be corrected throughout
				  the life of the eligible list.
(c)
				  Any such changes shall be reported to the applicants.
(d) Changes in rating shall not affect a
				  certificate already issued or invalidate an appointment already made from the
				  eligible list where the error is the fault of the department of human resources
				  development and not the appointee.
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 14-3.01-17 - Protection of confidentiality of materials

Current through June, 2024
(a) In
				  those circumstances in which examination materials are secured from other
				  government jurisdictions or from private firms, or where because of continuing
				  use of the examination materials prepared by the department of human resources
				  development, exposure would jeopardize the confidentiality of the examination
				  questions, review of these test materials shall not be permitted.
(b) Technical material and all examination
				  booklets used in the preparation and ratings of examinations given jointly by
				  the department and any other organization, and examinations prepared
				  specifically for any organization shall remain the property of the department
				  of human resources development and in the custody of the department of human
				  resources development when not needed for test administration or appeal
				  purposes by the organization.
(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) An appointing
				  authority or its authorized representative may inspect the examination papers
				  of eligibles whose names have been certified to them for appointment. However,
				  to preserve the confidential character and sources of information furnished and
				  to protect individuals against dissemination of unfounded or unproved
				  allegations, reports of character, personal suitability of applicants and other
				  confidential information shall be held in strict confidence and will not be
				  made available for review by the appointing authorities unless specifically
				  authorized by the director. An appointing authority and its representatives
				  shall not disclose the examination materials or their contents to any person
				  except where privileged at law or where ordered by a court of competent
				  jurisdiction. Except as provided herein and except where privileged at law or
				  where ordered by a court of competent jurisdiction, an appointing authority and
				  its representatives, all employees, members and representatives of any agency,
				  members and representatives of any advisory board or commission and members of
				  the public are forbidden to disclose, whether intentionally or negligently, any
				  examination materials pertaining to a particular applicant or applicants. Any
				  disclosure shall be grounds for disciplinary action including dismissal or
				  other appropriate action including recourse to all appropriate legal remedies
				  against the informant personally.
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 14-3.01-18 - Records and reports of examination

Current through June, 2024
An examination record shall be maintained for a period of
					 one year from the date the eligible list expired, one year after the
					 eligibility of the eligible expired in the case of a continuous recruitment
					 examination record, or two years from the date of the last personnel action
					 involving the record, whichever of these is the latest. The record shall
					 contain at least the following information:
(1) Title and level of the
				  examination;
(2) Dates of opening
				  and closing for receipt of applications;
(3) Experience and training requirements, if
				  any;
(4) Tests, if any, held and
				  the minimum passing scores used;
(5) Number of applicants received;
				  and
(6) Number of eligibles and
				  ineligibles.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 3.02 - CERTIFICATION › Section 14-3.02-1 - 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 director.
(b) An applicant who applies for classes or
				positions not specifically under recruitment may receive employment
				consideration for not less than two months from the date of application unless
				the period is extended by the director.
(c) A person on the select priority list
				shall be eligible for employment consideration until the person secures new
				employment, except that an employee with a temporary appointment who does not
				have return rights to a permanent position, shall be eligible only to the end
				date of the temporary appointment.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 3.02 - CERTIFICATION › Section 14-3.02-2 - Certification of eligibles

Current through June, 2024
(a) Upon receipt of
				a request for a list of eligibles, the director shall certify names from
				available lists of eligibles for each vacancy in accordance with this
				section.
(b) The order of eligible
				lists to be used for certification shall be as follows:
(1) Select priority list;
(A) Eligibles on the select priority list
				consists of employees of the executive branch whose services are suspended or
				terminated because of a work injury;
(B) A select priority eligible with a
				temporary appointment who does not have return rights to a permanent position,
				shall be certified to temporary vacancies, the duration of which shall not
				exceed the end date of the eligible's previous temporary appointment;
				and
(C) When there is more than one
				eligible who is available and qualified for a vacancy, all eligibles shall be
				certified.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 3.02 - CERTIFICATION › Section 14-3.02-3 - Selective certification

Current through June, 2024
When there is no list of eligibles appropriate as a whole for
				  certification for filling a particular position requiring distinctive or unique
				  qualifications, the director 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 director, based upon the particular requirements, of the
				  position.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 3.02 - CERTIFICATION › Section 14-3.02-4 - Appointing authority to contact eligibles

Current through June, 2024
The appointing authority may contact as many eligibles or
				  qualified applicants, or both, as deemed necessary to fill the vacant position
				  based on job related factors and valid program needs.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 3.02 - CERTIFICATION › Section 14-3.02-5 - Suspension and termination of eligibility; restoration of eligibility

Current through June, 2024
(a) The director may suspend an eligible or
				an applicant from employment consideration for good reason, including but not
				limited to the following:
(1) The eligible or
				applicant fails to demonstrate interest or availability for
				employment;
(2) The eligible or
				applicant is unable or ineligible to perform the work; or
(3) Further investigation of the applicant or
				eligible's suitability needs to be conducted.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 3.02 - CERTIFICATION › Section 14-3.02-6 - Cancellation of competitive eligible lists

Current through June, 2024
The director may cancel an eligible list for good reason and
				  shall notify all affected applicants and eligibles of the
				  cancellation.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 3.05 - TYPES OF APPOINTMENTS MEMBERSHIP IN THE CIVIL SERVICE › Subchapter 1 - TYPES OF APPOINTMENTS › Section 14-3.05-1 - Civil service appointment

Current through June, 2024
(a) An employee is
				  granted a civil service appointment when the appointment is the 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, notwithstanding that the position may be temporarily or
				  permanently exempt from the civil service classification system.
(c) The appointing authority shall inform all
				  applicants referred under civil service recruitment procedures if the
				  appointment has a limitation date or if the position is temporarily or
				  permanently exempted from the civil service classification system.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 3.05 - TYPES OF APPOINTMENTS MEMBERSHIP IN THE CIVIL SERVICE › Subchapter 1 - TYPES OF APPOINTMENTS › Section 14-3.05-2 - Non-civil service appointment

Current through June, 2024
(a) The appointing
				  authority may make a non-civil service appointment of not more than eighty-nine
				  consecutive calendar days or of less than twenty hours a week for thirty-seven
				  consecutive weeks in order to meet immediate operational needs, provided:
(1) The appointing authority certifies that
				  the employee will perform duties characteristic of the class; and
(2) The employee has not received a non-civil
				  service appointment in the same class of work and department within the last
				  three months, unless this restriction is waived by the director or the
				  director's authorized designee.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 3.05 - TYPES OF APPOINTMENTS MEMBERSHIP IN THE CIVIL SERVICE › Subchapter 2 - INITIAL PROBATION PERIOD › Section 14-3.05-3 - Initial probation period

Current through June, 2024
(a) The initial
				  probation period shall be utilized as part of the examination process to
				  determine the employee's fitness and ability for employment in the position and
				  the civil service.
(b) An employee
				  who is granted a civil service appointment must serve an initial probation
				  period when the period of employment exceeds the initial probation period for
				  the position.
(c) An employee must
				  meet the performance requirements of the position as measured by a formal
				  performance appraisal in order to successfully complete the initial probation
				  period.
(d) The initial probation
				  period shall be for a period of six months provided the director or the
				  director's authorized designee may establish a longer initial probation period
				  for a class of work when a longer period is needed to adequately train and
				  evaluate the employee.
(e) Upon
				  written notification to the employee and before the expiration of the initial
				  probation period, the appointing authority may extend the initial probation
				  period for any of the following reasons:
(1)
				  Further evaluation of the employee's ability to successfully perform the duties
				  of the position is required, provided the extension shall not exceed six
				  months;
(2) The employee's absence
				  affect the appointing authority's ability to evaluate the employee's
				  performance, provided the extension shall not exceed the period of absence or
				  combined periods of absences; or
(3) A final determination of the employee's
				  suitability for employment has not been made, provided the extension shall not
				  exceed six months.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 3.05 - TYPES OF APPOINTMENTS MEMBERSHIP IN THE CIVIL SERVICE › Subchapter 3 - MEMBERSHIP IN THE CIVIL SERVICE › Section 14-3.05-4 - Membership in the civil service

Current through June, 2024
(a) An employee
				  serving a civil service appointment acquires membership in the civil service
				  upon successful completion of the initial probation period or as provided by
				  statute.
(b) An employee shall
				  remain a member of the civil service for the duration of the member's
				  appointment provided the employee demonstrates appropriate conduct and
				  continued productive performance as measured by formal performance
				  appraisals.
(c) A member whose
				  appointment has a limitation date is not entitled to layoff rights and will be
				  released at the end of the employee's appointment or earlier for good
				  reason.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 5 - EXEMPT SERVICE › Section 14-5-1 - General provisions

Current through June, 2024
(a) The exempt
				service consists of those positions, and persons in these positions, and
				persons providing personal services which are by statute excepted from all or
				part of the provisions of the civil service and compensation laws of the
				State.
(b) All positions and
				persons in the exempt service are excluded from the requirements of selection
				by merit competition and from civil service status.
(c) Except as provided by statute, the
				requirements of position classification and compensation may not be
				applicable.
(d) Employees shall be
				residents of the State and citizens, nationals or permanent resident aliens of
				the United States with the exceptions as provided by section
				78-1,
				Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 5 - EXEMPT SERVICE › Section 14-5-2 - Authority to exempt

Current through June, 2024
(a) The director
				shall exempt positions or personal services in accordance with statute upon
				finding that the conditions and requirements of the statute are met.
(b) The director may establish standards and
				procedures for the exemption of positions.
(c) The director 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 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 8.1 - LEAVE SHARING PROGRAM REQUIREMENTS › Section 14-8.1-1 - Purpose

Current through June, 2024
(a) The purpose of this chapter is to
				establish a leave sharing program that allows employees within a department of
				the executive branch, including the Hawaii state public library-system, the
				office of the governor, and the office of the lieutenant governor, to ease the
				burdens of fellow employees who would 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 personal illness or injury and is incapable
				of self care.
(b) As used in this
				chapter:
(1) "Family member" means an
				employee's:
(A) Spouse;
(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 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 8.1 - LEAVE SHARING PROGRAM REQUIREMENTS › Section 14-8.1-2 - Applicability

Current through June, 2024
This chapter shall apply to:
(1) Employees who are entitled to earn and
				use vacation leave credits;
(2)
				Salaried certificated employees and ten-month employees employed by the
				department of education and the department of health who are not entitled to
				earn vacation leave, but who are entitled to earn and use sick leave credits;
				and
(3) Nine-month and eleven-month
				board of regents employees of the university of Hawaii who are not entitled to
				earn vacation leave, but who are entitled to earn and use sick leave credits in
				accordance with board of regents policy.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 8.1 - LEAVE SHARING PROGRAM REQUIREMENTS › Section 14-8.1-3 - Administration of leave sharing program

Current through June, 2024
(a) Each department
				shall administer the leave sharing program for their respective employees in
				accordance with this chapter.
(b) A
				department may limit leave sharing to employees within smaller organizational
				segments if it is more feasible administratively for the maintenance of sick,
				vacation, and shared leave records.
(c) Sharing of leaves between departments is
				prohibited. Sharing of leaves between smaller organizational segments within a
				department shall be at the discretion of the appointing authority.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 8.1 - LEAVE SHARING PROGRAM REQUIREMENTS › Section 14-8.1-4 - Leave sharing procedures; general administration

Current through June, 2024
(a) The
				appointing authority shall establish uniform procedures to administer the leave
				sharing program for employees within its department. The procedures shall be in
				compliance with this chapter and shall minimally provide for the following:
(1) A leave bank option and a direct share
				option to encourage maximum participation in the leave sharing
				program;
(2) Specification of any
				smaller organizational segments within which leave sharing may be
				limited;
(3) A method for ensuring
				that all employees are informed of the leave sharing program;
(4) The manner in which solicitation of
				donations is to be made;
(5)
				Standardized forms for use by employees to donate and apply for shared
				leaves;
(6) An approval process
				that ensures fair treatment and freedom from coercion and imposes no undue
				hardship on operations;
(7) Written
				notification to the applicant within thirty days of receipt of an application
				for shared leave on whether the leave is approved or denied, in whole or in
				part, and the reason for denying any of the requested leave;
(8) An internal process for the handling of
				employee complaints on the administration of the leave sharing program;
				and
(9) Recordkeeping requirements
				to ensure that official leave and attendance records are maintained for the
				leave sharing program. Approved shared leave credits shall be applied only to
				the absences following the thirty consecutive calendar day period referred to
				under section 14-8.1-8(a)(4).
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 8.1 - LEAVE SHARING PROGRAM REQUIREMENTS › Section 14-8.1-5 - Direct share option

Current through June, 2024
(a) This option
				shall allow eligible employees to donate shared leaves to designated employees
				who are eligible recipients.
(b)
				The appointing authority shall authorize a representative or representatives to
				administer the direct share option among employees within specific
				organizational segments deemed administratively feasible for this
				option.
(c) Authorized
				representative(s) shall ensure that donations to designated recipients are in
				compliance with this chapter and procedures established by the appointing
				authority.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 8.1 - LEAVE SHARING PROGRAM REQUIREMENTS › Section 14-8.1-6 - Leave bank option

Current through June, 2024
(a) This option
				shall allow eligible employees to donate shared leaves anonymously and allow
				eligible recipients to utilize shared leave donations.
(b) The appointing authority shall appoint a
				review committee consisting of at least three members, one of whom represents
				the personnel office, to administer each of the leave banks authorized within
				its department.
(c) The review
				committee shall accept donations and approve recipient requests in compliance
				with this chapter and procedures established by the appointing
				authority.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 8.1 - LEAVE SHARING PROGRAM REQUIREMENTS › Section 14-8.1-7 - Leave sharing donations; donors

Current through June, 2024
(a) Employees shall
				be allowed to donate accumulated vacation leave credits and shall not be
				allowed to donate accumulated sick leave credits, except as provided in section
				14-8.1-2(2) and (3).
(b) To be
				eligible to donate shared leave credits, an employee must meet the following
				conditions:
(1) Has not solicited nor
				accepted anything of value in exchange for the donation; and
(2) Will have a vacation leave balance, after
				the donation is made, of not less than ten days when donating vacation leave
				credits or will have a sick leave balance, after the donation is made, of not
				less than thirty days when donation of sick leave credits is
				allowable.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 8.1 - LEAVE SHARING PROGRAM REQUIREMENTS › Section 14-8.1-8 - Leave sharing recipients

Current through June, 2024
(a) To be eligible
				to receive shared leave credits, an employee must meet the following
				conditions:
(1) Has at least six consecutive
				months of creditable service as defined under section 14-11-5(c) (1) and (4)
				prior to the submittal of the shared leave request in a position with at least
				fifty percent full-time equivalency;
(2) Where the leave share request is for a
				personal illness or injury, such illness or injury shall not be covered under
				chapter 3 86, HRS, or if covered, the employee shall have exhausted all
				eligible benefits. In addition, the employee shall have exhausted or is about
				to exhaust all paid leave and wage loss replacement benefits, which include,
				but are not limited to:
(A) Vacation
				leave;
(B) Sick leave;
(C) Compensatory time credits; and
(D) Temporary disability insurance benefits
				under chapter 3 92, HRS;
(3) Where the leave share request is to care
				for a family member suffering from a serious personal illness or injury, the
				employee shall have exhausted or is about to exhaust all other paid leave
				benefits, which include, but are not limited to:
(A) Vacation leave;
(B) Compensatory time credits; and
(C) Sick leave for family leave purposes only
				pursuant to chapter 3 98, HRS;
(4) Is suffering from a serious personal
				illness or injury or caring for a family member suffering from a serious
				personal illness or injury which caused the recipient to be absent from work
				for at least thirty consecutive calendar days within the past twelve
				months;
(5) Has no disciplinary
				record of sick leave abuse within the past two years; and
(6) Has no unresolved outstanding salary
				overpayment obligations owed to the State.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 8.1 - LEAVE SHARING PROGRAM REQUIREMENTS › Section 14-8.1-9 - Termination of shared leave

Current through June, 2024
(a) Approval of
				shared leave shall be discontinued or rescinded under the following situations:
(1) The leave recipient separates or is
				separated from service;
(2) The
				recipient is found to be entitled to workers' compensation benefits under
				chapter
				386, HRS, or temporary disability
				insurance benefits under chapter 3 92, HRS;
(3) The recipient did not meet all of the
				conditions for eligibility under section 14.-8.1-8; or
(4) The reason for which the shared leave was
				approved no longer exists.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 8.1 - LEAVE SHARING PROGRAM REQUIREMENTS › Section 14-8.1-10 - Prohibited acts

Current through June, 2024
An employee may not directly or indirectly intimidate,
				  threaten, or coerce any other employee for the purpose of interfering with any
				  right such employee may have with respect to donating, receiving, or using
				  shared leave under this program.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 8.1 - LEAVE SHARING PROGRAM REQUIREMENTS › Section 14-8.1-11 - Termination of leave sharing program

Current through June, 2024
In the event the leave sharing program is terminated:
(1) Any shared leave transferred to a
				recipient before the program termination date, shall remain available for use
				by the recipient, except as provided in section 14-8.1-9.
(2) Any unused shared leave remaining in a
				leave bank and any shared leave credits returned to a leave bank after the
				program termination date shall be considered forfeited.
(3) Any leave bank shall be dissolved upon
				completion or termination of all shared leaves.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 13.01 - INTERNAL COMPLAINT PROCEDURE › Section 14-13.01-1 - Purpose

Current through June, 2024
The purpose of this chapter is to establish a uniform
				  internal complaint procedure that may be used to consolidate multiple existing
				  complaint procedures within each department to minimize confusion and possible
				  loss of rights in filing a complaint.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 13.01 - INTERNAL COMPLAINT PROCEDURE › Section 14-13.01-2 - Applicability

Current through June, 2024
This chapter shall apply to all employees and members of the
				  general public who wish to complain about any matter concerning State
				  government
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 13.01 - INTERNAL COMPLAINT PROCEDURE › Section 14-13.01-3 - General Provisions

Current through June, 2024
(a) Nothing in
				these rules restricts the right of any employee or member of the general public
				to lodge a complaint concerning any matter relating to State government except
				those complaints by employees that are required to be disposed of in accordance
				with collective bargaining agreements. These rules set forth the procedures for
				those complaints that require action on the part of State officials.
(b) Specifically, these rules are intended to
				insure that any employee covered by chapter
				76, HRS, or any member of the general
				public disqualified during the recruitment process by virtue of failure to meet
				minimum qualifications or unsuitability is provided the opportunity to lodge an
				internal complaint concerning a matter within the jurisdiction of the merit
				appeals board as set forth in section
				76-14,
				HRS.
(c) Matters subject to
				collective bargaining grievance procedures shall not be considered a complaint
				under this chapter.
(d) The
				complainant shall be assured freedom from coercion, discrimination, or
				reprisal, and have the right to be represented by a person or persons of the
				complainant's own choosing at any stage in the presentation of the
				complaint
(e) All proceedings shall
				be conducted during the employee's work hours as practicable and, for a
				complainant who is not an employee, during office hours at times convenient to
				the complainant.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 13.01 - INTERNAL COMPLAINT PROCEDURE › Section 14-13.01-5 - 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,
				  HRS, and in accordance with such rules of practice and procedure as may be
				  adopted by the board.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 13.01 - INTERNAL COMPLAINT PROCEDURE › Section 14-13.01-6 - 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 chapter was used.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 14.01 - RESIGNATION › Section 14-14.01-3 - 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 14-14.01-4.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 14.01 - RESIGNATION › Section 14-14.01-4 - 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 that period shall be 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 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 14.01 - RESIGNATION › Section 14-14.01-5 - 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 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 14.01 - RESIGNATION › Section 14-14.01-6 - 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 14-14.01-3 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 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 1 - STATE OF HAWAII HUMAN RESOURCES RULES › Chapter 14.01 - RESIGNATION › Section 14-14.01-7 - 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 14-14.01-3, 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 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 21.1 - GENERAL APPLICABILITY › Section 14-21.1-1 - Purpose

Current through June, 2024
The rules in this part govern practice and procedure before
				  the merit appeals board of the State under the civil service laws, chapter
				  76, Hawaii Revised Statutes, as
				  provided for under chapters
				  91 and
				  92, Hawaii Revised
				  Statutes.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 21.1 - GENERAL APPLICABILITY › Section 14-21.1-2 - Construction of rules

Current through June, 2024
The board shall construe these rules liberally to secure the
				  just and speedy determination of every proceeding.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 21.1 - GENERAL APPLICABILITY › Section 14-21.1-3 - Limitation of jurisdiction

Current through June, 2024
(a) Where the terms
				of collective bargaining agreements pursuant to chapter
				89, Hawaii Revised Statutes, conflict
				with these rules, the terms of the agreements shall prevail; provided that the
				terms are not inconsistent with section
				89-9(d),
				Hawaii Revised Statutes.
(b) The
				board shall defer action on an appeal, if there is controversy on whether the
				matter is within its jurisdiction or that of the Hawaii labor relations board.
				The Hawaii labor relations board shall determine which of these boards has
				jurisdiction in the appeal.
(c) The
				board shall not act on an appeal if the action complained of constitutes a
				prohibited act that is subject to the jurisdiction of another appellate body or
				administrative agency or the grievance procedure under a collective bargaining
				agreement.
(d) The board requires
				that all internal complaint procedures, including administrative reviews and
				departmental complaint procedures, have been exhausted before an appeal shall
				be accepted by the board.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 21.1 - GENERAL APPLICABILITY › Section 14-21.1-4 - Procedure and terms

Current through June, 2024
(a) The terms used
				in rules promulgated by the board pursuant to powers granted by statute shall
				have the meaning defined by statute, unless the context otherwise specifically
				requires.
(b) A rule that defines a
				term without express reference to the statute or to these rules or to a portion
				thereof, defines the term for all purposes as used both in the statute and in
				these rules, unless the context otherwise specifically requires.
(c) Words indicating the singular number may
				be extended and applied to several persons or things; words indicating the
				plural may include the singular; and words indicating the masculine gender may
				be applied to females.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 21.1 - GENERAL APPLICABILITY › Section 14-21.1-7 - Meetings

Current through June, 2024
The board may meet and exercise its powers in any part of the
				  State. The following governs meetings before the board, but shall not apply to
				  adjudicatory functions exercised by the board and governed by the Hawaii
				  Revised Statutes.
(1) All meetings of
				the board, except executive meetings governed by section
				92-4, Hawaii
				Revised Statutes, and meetings governed by section
				92-5, Hawaii Revised
				Statutes, shall be open to the public.
(2) The board may hold an executive meeting
				closed to the public upon an affirmative vote, taken at an open meeting, of a
				majority of the members present. A meeting closed to the public shall be
				limited to matters exempted by section
				92-5, Hawaii Revised
				Statutes.
(3) The rules governing
				meetings shall not apply to any chance meeting, as defined by section
				92-2, Hawaii Revised
				Statutes, at which matters relating to official business are not discussed. No
				chance meeting or electronic communication shall be used to circumvent the
				spirit or requirements of the meeting provisions to make a decision or to
				deliberate toward a decision upon a matter over which the board has
				supervision, control, jurisdiction, or advisory power.
(4) For the purpose of minimizing travel and
				per diem expenses, the board may use more cost efficient means such as
				teleconferencing which does not require all parties to convene at a single
				site, whenever practicable, to conduct its proceedings.
(5) Special meetings of the board for the
				transaction of its business may be held at any time and place as scheduled by
				the board.
(6) If the board finds
				that an imminent peril to the public health, safety, or welfare requires a
				meeting in less time than is provided for in section 14-21.1-7(7), the board
				may hold an emergency meeting provided:
(A)
				The board states in writing the reasons for its findings;
(B) A majority of board members agree that an
				emergency exists;
(C) An emergency
				agenda and the findings are filed with the office of the lieutenant governor
				and in the board's office; and
(D)
				Persons requesting notification pursuant to section 14-21.1-7(7) are contacted
				by mail or telephone as soon as practicable.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 21.1 - GENERAL APPLICABILITY › Section 14-21.1-8 - Minutes

Current through June, 2024
The board shall keep written minutes of all meetings. Unless
				  otherwise required by law, neither a full transcript nor a recording of the
				  meeting is required, but the written minutes shall give a true reflection of
				  the matters discussed and the views of the participants.
The minutes shall be public records and shall be available
				  within thirty days after the meeting except where disclosure would be
				  inconsistent with section
				  92-5, Hawaii Revised
				  Statutes, provided that minutes of executive meetings may be withheld so long
				  as their publication would defeat the lawful purpose of the executive meeting,
				  but no longer.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 21.1 - GENERAL APPLICABILITY › Section 14-21.1-9 - Hearings

Current through June, 2024
In contested cases or as otherwise provided by statute or
				  these rules, all parties shall be afforded an opportunity for hearing after
				  reasonable notice. The notice shall include a statement of:
(1) The date, time, place, and nature of the
				hearing;
(2) The legal authority
				under which the hearing is to be held;
(3) The particular sections of the statutes
				and rules involved;
(4) An explicit
				statement in plain language of the issues involved and the facts alleged by the
				party in support thereof; provided that if the party is unable to state the
				issues and facts in detail when the notice is served, the initial notice may be
				limited to a statement of the issues involved; and
(5) The fact that the appealing party may
				retain counsel at its own expense if the party so desires.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 21.1 - GENERAL APPLICABILITY › Section 14-21.1-10 - Quorum and number of votes necessary to validate acts

Current through June, 2024
A majority of all members to which the board is entitled
				  shall constitute a quorum to transact business, and the concurrence of a
				  majority of all members to which the board is entitled shall be necessary to
				  make valid any action of the board.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 21.1 - GENERAL APPLICABILITY › Section 14-21.1-11 - Administration

Current through June, 2024
(a) The chairperson of the board shall be
				responsible for the administrative functions of the board.
(b) All decisions, orders, and other actions
				of the board shall be authenticated or signed by the board members acting in
				the proceeding or by the chairperson upon delegation by the board members
				acting in the proceeding. Official copies of decisions, orders, and other board
				actions may be promulgated under the signature of the chairperson of the board
				or the chairperson's designee.
(c)
				All documents required to be filed with the board shall be filed in the office
				of the board at Honolulu, Hawaii, within the time limits prescribed by law,
				rules of the board, or order of the board. Requests for public information,
				copies of official documents or opportunity to inspect public records may be
				made in writing to, or in person at, the board's office.
(d) The board may delegate to any competent
				and qualified individual the power or authority vested in the board as it deems
				reasonable and proper to carry out its functions as prescribed by chapter
				76, Hawaii Revised Statutes, except
				the power to make, amend or repeal rules.
(e) The board may, by written resolution
				adopted by a majority of the members to which it is entitled, appoint competent
				and qualified disinterested persons to act as its hearing officer or panel of
				subject matter experts. The board, at its discretion, may designate the
				chairperson or one of its members to serve as a hearing officer. The hearing
				officer or panel of experts shall hear the matter in the same manner as if it
				were before the board and, upon the conclusion of the hearing, shall report the
				hearing officer's findings of fact and conclusions and recommendations based
				thereon to the board. The board shall provide each party to the proceeding the
				opportunity to file exceptions and present argument to the Board. After review
				of the whole record or those portions cited by the parties, the board shall
				render a decision in accordance with section
				91-11,
				Hawaii Revised Statutes.
(f) The
				board may develop and promulgate procedures needed to carry out its
				functions.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 21.1 - GENERAL APPLICABILITY › Section 14-21.1-12 - Government records

Current through June, 2024
(a) The term
				"government records," as used in this chapter is defined in chapter
				92-F, Hawaii Revised Statutes, and
				shall include all rules, written statements of policy or interpretations
				formulated, adopted or used by the board, all complaints, opinions and orders,
				written testimony, minutes of meetings of the board and any other material on
				file in the board's office unless accorded confidential treatment pursuant to
				law or the rules of the board.
(b)
				All government records shall be available for inspection in the office of the
				merit appeals board, Honolulu, Hawaii, during established office hours unless
				public inspection of the records is in violation of any state or federal law;
				provided that, except where the records are open under any rule of court, the
				Office of Information Practices may determine which records may be withheld
				from public inspection when the records pertain to the preparation of the
				prosecution or defense of any action or proceeding, before its commencement, to
				which the board, the State or any governmental agency or subdivision is or may
				be a party, or when the records do not relate to a matter in violation of law
				and are deemed necessary for the protection of the character or reputation of
				any person.
(c) Government records
				printed or reproduced by the board shall be given to any person requesting the
				same and paying the fees established by the board or by section
				92-21,
				Hawaii Revised Statutes.
(d)
				Requests for public information, for permission to inspect government records
				or for copies of government records shall be handled within a reasonable period
				of time, as determined by the board and as required by law. Any material with
				respect to the board will not be released without the approval of the
				chairperson or the chairperson's designee.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD › Chapter 22.1 - PROCEEDINGS BEFORE THE BOARD › Section 14-22.1-1 - General provisions

Current through June, 2024
(a) The board may
				hold proceedings as it may deem necessary in the performance of its duties or
				the formulation of its rules.
(b)
				Procedures to be followed by the board shall be those which will best serve the
				purpose of the proceeding, as determined by the board.