Hawaii Administrative Code

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. Notes Haw. Code R. § 14-3.02-4 [Eff 6/11/92, 4/3/00; am and comp 4/1/02; comp DEC 01 2003…

(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 o…

The director may cancel an eligible list for good reason and shall notify all affected applicants and eligibles of the cancellation. Notes Haw. Code R. § 14-3.02-6 [Eff 6/11/92; am and comp 4/1/02; comp DEC 01 2003] (Auth: HRS §§ 26-5, 76-17, SLH 2000, Act 253) (Imp: HRS §§ 26-5,…

Notes Haw. Code R. § 14-3.02-7 4/1/02

Notes Haw. Code R. § 14-3.02-8 4/1/02

Chapter 88 E, Hawaii Revised Statutes, authorizes the board of trustees of the State of Hawaii deferred compensation plan to establish the State of Hawaii deferred compensation plan. Chapters 41 to 44 of Title 14, Administrative Rules, are adopted by the board to implement admini…

As used in this chapter: "Administrator" means the company or persons engaged by the board to administer and maintain the plan under the direction of the board. "Amounts deferred" means a portion of compensation withheld that is deferred or contributed into the plan, as either a …

(a) The office of the board is located at 235 South Beretania Street, 14th floor, Honolulu, Hawaii 96813. (b) The office of the board shall be open from 7:45 a.m. to 4:30 p.m. of each weekday unless otherwise provided by statute or executive order. Notes Haw. Code R. § 14-41-3 [E…

A party to a proceeding before the board may appear in person or may be represented by or with counsel or other person chosen as a representative. The board at any time may require evidence of authority and qualification to act in a representative capacity. Notes Haw. Code R. § 1…

(a) The term "government record," as used in this chapter, shall be as defined in section 92F-3, Hawaii Revised Statutes. (b) All government records shall be available for inspection in the office of the board during established office hours, in accordance with chapter 92F, Hawai…

An interested person may petition the board for the adoption, amendment, or repeal of any rule of the board. The petition shall be submitted in duplicate and filed with the board. Notes Haw. Code R. § 14-42-1 [Eff. MAY 12 1983] (Auth: HRS § 88E-3) (Imp. HRS §§ 88E-3, 91-6) Comp 1…

(a) The petition need not be in any special form but shall contain: (1) The petitioner's name, address, zip code, and telephone number; (2) A statement of the nature of the petitioner's interest; (3) An explicit statement of the reasons in support of the proposed rule, amendment,…

Upon submission of the petition, the board, within thirty days, shall either deny the petition in writing, stating its reasons for the denial, or initiate proceedings for the adoption, amendment, or repeal of the rule. Upon disposition of the petition, the board shall promptly no…

The board at any time, on its own initiative, may institute proceedings in accordance with chapter 91, Hawaii Revised Statutes, for the adoption, amendment or repeal of rules. Notes Haw. Code R. § 14-42-4 [Eff. MAY 12 1983] (Auth: HRS § 88E-3) (Imp: HRS §§ 88E-3, 91-3, 91-4 to 91…

An interested person may petition the board for a declaratory order as to the applicability of any statutory provision administered by the board or any rule or order of the board. The petition shall be submitted in duplicate and filed with the board. Notes Haw. Code R. § 14-43-1 …

(a) The petition need not be in any special form but shall contain: (1) The petitioner's name, address, zip code, and telephone number; (2) A statement of the nature of the petitioner's interest; (3) A designation of the specific statutory provision, rule, or order in question; (…

The board, for good cause, may refuse to issue a declaratory order. 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 an existing situation or a situation which may reasonab…

Within a reasonable time after the submission of the petition, the board shall either deny the petition in writing, stating its reasons for the denial, or issue a declaratory ruling on the matters contained in the petition. Upon disposition of the petition, the board shall prompt…

An order disposing of a petition shall be applicable only to the fact situation alleged in the petition or as set forth in the order. The order shall not be applicable to different fact situations or to situations where additional facts not considered in the order exist. Notes Ha…

(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 t…

(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 …

(a) Chapter 88F, Hawaii Revised Statutes, authorizes the board of trustees of the State of Hawaii deferred compensation plan to establish the State of Hawaii PTS deferred compensation retirement plan for part-time, temporary, seasonal/casual employees of the State and participati…

As used in this subtitle: "Amounts deferred" means compensation withheld under this plan and any interest income resulting from the investment of the compensation withheld. "Beneficiary" means a person(s) designated by the participant, a participant's estate, or any person, whose…

(a) The office of the board is located at 235 S. Beretania Street, 14th Floor, Honolulu, Hawaii 96813. (b) The office of the board shall be open from 7:45 a.m. to 4:30 p.m. of each weekday unless otherwise provided by statute or executive order. Notes Haw. Code R. § 14-56-3 Comp …

A party to a proceeding before the board may appear in person or may be represented by or with counsel or other person chosen as a representative. The board at any time may require evidence of authority and qualification to act in a representative capacity. Notes Haw. Code R. § 1…

(a) The term "government record" as used in this chapter, shall be as defined in section 92F-3, Hawaii Revised Statutes. (b) All government records shall be available for inspection in the office of the board during established office hours, in accordance with chapter 92F, Hawaii…

The plan document, approved by the board on March 6, 2001, is hereby incorporated by reference into these rules. Should the plan document conflict with chapter 88F or the Code, chapter 88F or the Code shall prevail. Notes Haw. Code R. § 14-56-6 Comp 3/24/2018

An interested person may petition the board for the adoption, amendment, or repeal of any rule of the board. The petition shall be submitted in duplicate and filed with the board. Notes Haw. Code R. § 14-57-1 [Eff APR 26 1997 ] (Auth: HRS §§ 88F-3, 91-6) (Imp: HRS §§ 88F-3, 91-6)…

(a) The petition need not be in any special form but shall contain: (1) The petitioner's name, address, zip code, and telephone number; (2) A statement of the nature of the petitioner's interest; (3) An explicit statement of the reasons in support of the proposed rule, amendment,…

Upon submission of the petition, the board, within thirty days, shall either deny the petition in writing, stating its reasons for the denial, or initiate proceedings for the adoption, amendment, or repeal of the rule. Upon disposition of the petition, the board shall promptly no…

The board at any time, on its own initiative, may institute proceedings in accordance with chapter 91, Hawaii Revised Statutes, for the adoption, amendment, or repeal of rules. Notes Haw. Code R. § 14-57-4 [Eff APR 26 1997 ] (Auth: HRS § 88F-3) (Imp: HRS §§ 88F-3, 91-3, 91-4 to 9…

The board is authorized to amend or terminate this plan at any time. In the event of termination of the plan, the participants shall be considered as having withdrawn from the plan on the effective date of the plan's termination. Participants shall be treated as though a separati…

(a) This plan shall be construed under the laws of the State of Hawaii. (b) Notwithstanding any provisions in this chapter, all provisions and interpretations of this plan shall be consistent with sections 457 and 3121 of the Code, as amended, and any regulations thereunder. Note…

(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 …

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. Notes Haw. Code R. § 14-8.1-10 [Eff 12…

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 ban…

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 wh…

(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 …

(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…

(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 organ…

(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 perso…

(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…

(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 a…

(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 disabil…

This chapter is applicable to all domestic stock insurers having one hundred or more stockholders; provided that this chapter shall not apply to any insurer if ninety-five per cent or more of its stock is owned or controlled by a parent or an affiliated insurer and the remaining …

This section shall apply to any solicitation subject to this chapter by any person or group for the purpose of opposing a solicitation subject to this chapter by any person or group with respect to the election or removal of directors at any annual or special meeting of stockhold…

(a) For purposes of this section the terms "participant" and "participant in a solicitation" include: (1) The Insurer; or (2) Any director of the insurer, and any nominee for whose election as a director proxies are solicited; or (3) Any other person, acting alone or with one or …

(a) No solicitation subject to this chapter shall be made by any person other than the management of an insurer unless at least five business days prior thereto, or shorter period as the insurance commissioner may authorize upon a showing of good cause therefor, has been filed, w…

Notwithstanding the provisions of section 16-1-5(a), a solicitation subject to this chapter may be made prior to furnishing stockholders a written proxy statement containing the information specified in the exhibit entitled "Schedule A" at the end of this chapter with respect to …

Two copies of any soliciting material proposed to be sent or given to stockholders prior to the furnishing of the written proxy statement required by section 16-1-5(a) shall be filed with the insurance commissioner in preliminary form at least five business days prior to the date…