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 14-21.1-5 - Definitions

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. Adverse action does not include a notice to improve performance, a performance improvement period, or a return to the employee's former position or comparable position as required by law because of failure to successfully complete a new probationary period.

"Aggrieved," means an individual who has suffered a loss such as the denial of some personal or property right. As used in section § 14-25.1-1(b)(1), concerning examination appeals, it includes, in addition to other examination issues, a person whose application has been rejected for failure to meet the qualification requirements for a class, a person who has been terminated during an initial probationary period for failure to successfully complete an initial probationary period, and a person whose non-selection involved improprieties.

"Appointing authority" means a department head or designee having the power to make appointments or changes in the status of employees in the State.

"Board" means the merit appeals board of the State.

"Chairperson" means the chairperson of the merit appeals board.

"Civil service employee" means an employee who has met all requirements for membership in the civil service under section 76-27, Hawaii Revised Statutes.

"Classification" means the assignment of a civil service position to a class of work.

"Day" means a calendar day unless otherwise specified.

"Director" means the director of the department of human resources development of the State.

"Employee" means any person holding a State position, irrespective of the type of position or appointment.

"Employer" means the governor, and any individual who represents or acts in the interest of the governor in dealing with public employees in the State.

"Examination" means any test or accepted personnel assessment technique used to measure the fitness and ability of applicants for employment which may include but is not limited to: written tests, oral tests, interviews, essays, tests of physical fitness or ability, medical examinations, performance tests, training and experience evaluations, background and suitability determinations, probation period, in-basket assessment, biodata assessments, personality measures and assessment centers.

"Hearing" means any proceeding under the jurisdiction of the board that is governed by sections 76-14, 76-41, 76-46, 76-47, 91-8, and 91-9, Hawaii Revised Statutes.

"Hearing officer" means a competent and qualified disinterested person appointed by the board to hear an appeal in the same manner as if it were before the board and, upon conclusion of the hearing, report in writing the findings of fact with conclusions and recommendations for the board's final decision.

"Initial pricing" means the determination of the appropriate pay range and pay relationships for a new class based on appropriate factors.

"Mediation" means the process whereby a neutral third party or "mediator" is authorized to assist the parties in voluntary resolution of a complaint.

"Meeting" means the convening of the board for which a quorum is required to make a decision or to deliberate toward a decision upon a matter over which the board has supervision, control, jurisdiction, or advisory power.

"Merit appeals board" means the State's appellate body for purposes of section 76-14, Hawaii Revised Statutes.

"Party" means each person or agency named or admitted as a party or properly seeking and entitled as of right to be admitted as a party in a proceeding.

"Presiding officer" with respect to proceedings means the chairperson and includes any member of the board designated as such, or other persons authorized by law, to conduct hearings.

"Person" includes individuals, partnerships, corporations, associations, or public or private organizations of any character other than governmental agencies.

"Proceedings" means the board's elucidation of the relevant facts and applicable law, consideration thereof, and action thereupon with respect to a particular subject within the board's jurisdiction, initiated by a filing or submittal or request or a board's notice or order. It shall include proceedings involving the adoption, amendment or repeal of any rule of the board, whether initiated by board order or notice or petition of any interested person.