Haw. Code R. § 14-3.05-2 - Non-civil service appointment

(a) The appointing authority may make a non-civil service appointment of not more than eighty-nine consecutive calendar days or of less than twenty hours a week for thirty-seven consecutive weeks in order to meet immediate operational needs, provided:

(1) The appointing authority certifies that the employee will perform duties characteristic of the class; and

(2) The employee has not received a non-civil service appointment in the same class of work and department within the last three months, unless this restriction is waived by the director or the director's authorized designee.

(b) A non-civil service appointment made under subsection (a) may be extended for a specific period without a break in service under the following conditions:

(1) The director or the director's authorized designee determines that the period of extension makes it impracticable to fill the position by civil service recruitment procedures and allow for completion of an initial probation period; and

(2) There are no interested and available eligibles on an appropriate eligible list to fill the vacancy or the appointing authority is unable to make a selection from an appropriate eligible list.

(c) When the director or the director's authorized designee determines that a position can be filled by civil service recruitment procedures, an employee serving a non-civil service appointment in the position may be extended without a break in service until the void date of the first certificate of eligibles for the position, unless this period is extended by the director or the director's authorized designee.

(d) When there is an anticipated need for temporary services beyond eighty-nine calendar days or less than twenty hours a week for thirty seven weeks, the appointing authority may make a non-civil service appointment for the specific period necessary to complete the work under the following conditions:

(1) The director or the director's authorized designee determines that it is impracticable to fill the position by civil service recruitment procedures and allow for completion of an initial probation period;

(2) There are no interested and available eligibles on an appropriate eligible list to fill the vacancy or the appointing authority is unable to make a selection from an appropriate eligible list;

(3) The employee has not received a non-civil service appointment in the same class of work and department within the last three months, unless this restriction is waived by the director or the director's authorized designee; and

(4) The appointing authority certifies that the employee will perform duties characteristic of the class.

(e) A non-civil service appointment may be made without regard to the minimum qualification requirements of the position, except that the employee must meet the public employment requirements under section 78-1, HRS, and possess the necessary occupational license, certification, or registration required by statute or regulation.

(f) Service acquired in a non-civil service appointment shall not be credited towards meeting the requirements of an initial probation period.

Notes

Haw. Code R. § 14-3.05-2

[Eff. 4/1/02; comp DEC 01 2003] (Auth: HRS §§ 26-5, 76-17, SLH 2000, Act 253) (Imp: HRS §§ 26-5, 76-27, SLH 2000, Act 253)