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

Universal Citation: HI Admin Rules 14-21.1-3

Current through November, 2023

(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.

[Eff OCT 24 2003] (Auth: HRS § 91-2) (Imp: HRS § 91-2, 76-14)

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