Hawaii Administrative Rules
Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT
Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD
Chapter 25.1 - RULES APPLICABLE TO APPEALS
Section 14-25.1-1 - Standing to appeal
Universal Citation: HI Admin Rules 14-25.1-1
Current through August, 2024
(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 decide appeals from actions taken by the chief executive, the director, an appointing authority, or a designee acting on behalf of one of these individuals, as follows to:
(1) Recruitment
and examination for civil service positions. Any person suffering legal wrong
by that action or aggrieved by that action may file an appeal. An employee
serving an initial probationary appointment who alleges wrongful termination
for failure to successfully complete the initial probation period may also file
an examination appeal;
(2)
Classification and reclassification of a civil service position. A civil
service employee occupying the position as of the effective date of the
classification action, and any subsequent civil service employee in the
position up to the date of the notice of final action, who has suffered a legal
wrong by that action may file a classification or reclassification
appeal;
(3) Initial pricing of a
new class. A civil service incumbent of a position in a new class as of the
effective date of the initial pricing action may file an appeal if the employee
has suffered a legal wrong by that action; and
(4) Other employment actions taken against
civil service employees who are excluded from collective bargaining coverage
under section
89-6,
Hawaii Revised Statutes, if the employee suffers a legal wrong by the action.
These actions include:
(A) disciplinary
actions, such as dismissals, demotions, and suspensions;
(B) adverse actions for failure to meet
performance requirements, such as dismissals, demotions, or reduction in pay;
and
(C) other employment actions if
the employee suffers a legal wrong by the action.
(c) Appeals under this section shall be filed within time limits and in the manner provided by rules of the merit appeals board.
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