Hawaii Administrative Code

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…

The purpose of this chapter is to implement a system of recruitment and selection of public officers and employees in accordance with merit-based civil service laws which will attract, select, and retain the best individuals to provide competent, efficient, loyal, and ethical ser…

(a) The director may consult with qualified persons in regard to the content of tests, the rating of applicants or related test matters. (b) Each examination shall relate to those matters which will best test the relative capacity and fitness of applicants for the proper performa…

(a) The director may, for good cause, reject any application or deny any appointment. Without limitation to the foregoing, an applicant may be denied admittance to an examination and an eligible may be denied appointment for any of the following reasons:(1) Failure to meet the mi…

(a) Examinations shall be held at the time and place, which in the judgment of the director, is most practical and meets the need of the service. (b) If an assembled examination is to be administered, qualified applicants shall be notified of the date, time, and place of the exam…

(a) Appropriate techniques and procedures shall be used in rating examinations and determining the relative ranking of applicants. The final rating required to pass an examination shall be set by the director. The director may set minimum ratings for each part of an examination a…

Each applicant who participates in an examination shall be given written notice of the test performance results. Notes Haw. Code R. § 14-3.01-14 [Eff 6/11/92; comp 4/1/02; comp DEC 01 2003] (Auth: HRS §§ 26-5, 76-17) (Imp: HRS §§ 26-5, 76-13, 76-17)

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 cert…

(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 i…

(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 th…

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 i…

(a) The director shall be responsible for locating the best qualified applicants available for open-competitive examination and for determining the relative capacity and fitness of applicants. (b) The director may establish standards with respect to age, education, training, expe…

(a) An appointing authority may fill any position in the civil service by appointment from a civil service list, including positions exempt from the classification system, through the civil service recruitment procedure or other means as provided for by statute, these rules, or g…

Applicants shall be residents or former residents of the State and citizens, nationals, permanent resident aliens of the United States, or eligible under federal law for unrestricted employment in the United States at the time of application. Notes Haw. Code R. § 14-3.01-4 [Eff 6…

Whenever there is need for eligibles, the director may conduct a recruitment and examination announcement in the manner and for the period deemed reasonable and appropriate. Notes Haw. Code R. § 14-3.01-5 [Eff 6/11/92; am 11/12/92; am and comp 4/1/02; comp DEC 01 2003] (Auth: HRS…

Notes Haw. Code R. § 14-3.01-6 4/1/02

Notes Haw. Code R. § 14-3.01-7 4/1/02

(a) Application for examination and employment shall be made in such form and manner and with such supplemental information including the applicant's social security number as determined by the director. (b) The director may determine the number of applications to accept and eval…