Hawaii Administrative Code

(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 fift…

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 It may be withdrawn only with the appointing authority's consent. Notes Haw. Code R. § 14-14.01-5 [Eff JAN 28 2005] (Auth: HRS §§ 76-17, 76-30) (Imp: HRS § 76-30)

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…

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 ha…

(a) The public may-obtain information as to matters within the jurisdiction of the department of human resources development by inquiring in person at the department or by submitting a request in writing to the director of human resources development. (b) All rules, orders, or op…

(a) Any interested person may petition the department of human resources development, requesting the adoption, amendment or repeal of any rule of the department of human resources development. (b) The petition shall be submitted in three copies to the department of human resource…

(a) Any interested person may petition the department of human resources development for a declaratory order as to the applicability of any statute which the department administers or of any rule or order of the department. (b) The petition shall be submitted in duplicate to the …

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. Notes Haw. Code R. § 14-21.1-1 [Eff OCT 24 2003] …

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. Notes Haw. Code R. § 14-21.1-10 [Eff …

(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 t…

(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 test…

The board shall construe these rules liberally to secure the just and speedy determination of every proceeding. Notes Haw. Code R. § 14-21.1-2 [Eff OCT 24 2003] (Auth: HRS § 91-2) (Imp: HRS § 91-2)

(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…

(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 t…

As used in these chapters: "Adverse action," as used in section 14-25.1-1(b)(4)(B), means an involuntary separation from service, an involuntary demotion, involuntary transfer, a suspension without pay, a reduction in pay, or a denial or delay of a standard pay adjustment. Advers…

The address and office hours of the board will be published in merit appeals board procedures. Notes Haw. Code R. § 14-21.1-6 [Eff OCT 24 2003] (Auth: HRS § 91-2) (Imp: HRS §§ 80-1, 91-2)

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 …

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 minut…

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 wh…

(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. Notes Haw. Code…

(a) The board shall cause to be served all orders, notices, and other papers issued by it, together with any other papers that it is required by law to serve. All other papers shall be served by the parties filing them. (b) All papers served by either the board or any party shall…

All final orders, opinions, or rulings entered by the board in the proceeding shall be served upon the parties participating in the proceeding by regular mail or personal delivery by the board. The material shall be available for inspection and copies thereof may be obtained as p…

(a) A person may appear in the person's own behalf; and a public employer may appear in its own behalf or through a person or persons duly designated and authorized by the employer. (b) In any proceeding under these rules, any person or public employer may be represented by couns…

Any party to a hearing may file an affidavit that one or more of the board members, subject matter experts, legal counsels, or a hearing officer has a personal bias or prejudice. The affidavit shall state the facts and reasons for the belief that bias or prejudice exists and shal…

The board, upon its own initiative or upon motion, may consolidate two or more appeals that involve substantially the same parties or issues. Notes Haw. Code R. § 14-22.1-4 [Eff OCT 24 2003] (Auth: HRS § 91-2) (Imp: HRS § 91-2)

(a) All documents required to be filed with the board in any proceeding shall be filed at the office of the board at Honolulu, Hawaii, during normal working hours and within the time limits prescribed by law, the rules of the board or by order of the board. The date on which the …

If any document filed in a proceeding is not in substantial conformity with the applicable rules of the board as to contents thereof, is not in compliance with the procedures of the board, or is otherwise insufficient, the board may, on its own motion or on motion of any party, s…

All documents filed with or presented to the board shall be retained in the files of the board as required by law and in accordance with the State administrative requirements in effect at that time. The board may permit the withdrawal of original documents upon submission of prop…

In computing any period of time prescribed or allowed by these rules, the day of the act, event, or default, after which the designated period of time is to run, is not to be included. The last day of the period so computed is to be included unless it is a Saturday, Sunday, or le…

(a) Whenever a person or agency has a right or is required to take action within a period prescribed or allowed by these rules, the board may, upon motion and the concurrence of a majority of all the members to which the board is entitled, permit the act to be done after expirati…

(a) The board may, at any time on its own motion, initiate proceedings for the adoption, amendment or repeal of any rule of the board. Procedures to be followed in rulemaking shall be as set forth in rules of the board and the applicable statutes. (b) Any interested person or age…

(a) When, pursuant to a petition therefor or upon its own motion, the board proposes to adopt, amend, or repeal a rule, a notice of proposed rulemaking shall be published in accordance with existing rules or policies pertaining to public notices and the notices shall also be mail…

(a) The public hearing for the adoption, amendment, or repeal of rules shall be heard before the board and presided over by the chairperson of the board or, in the chairperson's absence, by another member designated by the board. The hearing shall be conducted in a way as to affo…

The board will consider all relevant comments and material of record before taking final action in a rulemaking proceeding. Final action should be taken within sixty days after the final public hearing, or the expiration of any extension period for submission of written comments …

Notwithstanding the foregoing rules, if the board finds that an imminent peril to public health or safety requires adoption, amendment, or repeal of a rule upon less than twenty days notice of hearing, and states in writing its reasons for that finding, it may proceed without pri…

The board, upon adopting, amending or repealing a rule and approval by the governor, shall file certified copies thereof with the lieutenant governor, the legislative auditor and the legislative reference bureau in accordance with the requirements of sections 91-4, 91-4.1 and 91-…

Each rule adopted, amended or repealed shall become effective ten days after filing with the lieutenant governor. If a later effective date is required by statute or specified in the rule, the later date shall be the effective date; provided that no rule shall specify an effectiv…

The board shall, as soon as practicable, compile, index, print, or otherwise make available all rules adopted by the board and remaining in effect. Notes Haw. Code R. § 14-23.1-8 [Eff OCT 24 2003] (Auth: HRS § 91-2) (Imp: HRS § 91-5)

(a) On petition of an interested person or agency, the board may issue a declaratory order as to the applicability of any rule or order of the board. (b) The petition shall be prepared in a manner prescribed by the board and the original and five copies thereof shall be filed wit…

The board will usually act on a petition for a declaratory ruling without conducting a hearing. Any petitioner or party in interest who desires a hearing on a petition for a declaratory ruling shall set forth in detail the reasons why the matters alleged in the petition together …

An order disposing of a petition shall be applicable only to the factual situation described in the petition or set forth in the order. Notes Haw. Code R. § 14-24.1-3 [Eff OCT 24 2003] (Auth: HRS §§ 91-2, 91-8) (Imp: HRS § 91-8)

Notwithstanding the other provisions of this chapter, the board may, on its own motion or upon request but without notice or hearing, issue a declaratory order to terminate a controversy or to remove uncertainty. Notes Haw. Code R. § 14-24.1-4 [Eff OCT 24 2003] (Auth: HRS §§ 91-2…

The board may, for good cause, refuse to issue a declaratory ruling with specific reasons for that determination. Without limiting the generality of the foregoing, the board may so refuse where: (1) The question is speculative or purely hypothetical and does not involve existing …

(a) Only persons who have exhausted the internal complaint procedures identified in section 14-21.1-3(d) and whose appeal is not barred by other provisions of section 14-21.1-3 shall have standing to file an appeal with the merit appeals board. (b) The merit appeals board shall d…

(a) Any person who has exhausted all internal complaint procedures and who has standing to appeal shall appeal to the board in the following manner: (1) An appeal by an applicant on a recruitment, examination, or suitability for employment matter, or by an initial probationary em…

All parties shall be given written notice of hearing by registered or certified mail with return receipt requested at least fifteen days before the hearing. If service by registered or certified mail is not made because of the refusal to accept service or the board or its agents …

(a) An appeal shall be conducted as a contested case under chapter 91, Hawaii Revised Statutes. The board shall order the matter set for hearing. In any appeal, all parties shall be afforded an opportunity for hearing after reasonable notice. Opportunities shall be afforded all p…

(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 dis…

(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; …

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 certificati…