Haw. Code R. § 8-205-4 - Complaint board

(a) There shall be a complaint board established for the purpose of receiving and hearing a complaint filed by a complainant. Each member of the board shall not have any conflicting interest in the complaint by being directly involved or participating in any action or conduct alleged in the complaint or in the investigation of the complaint, or have a direct interest in the outcome of the decision.

(b) Each complaint board shall consist of:

(1) Any person duly appointed and authorized by the state librarian who shall serve as chairperson of the board;

(2) The library manager or the manager's designee of a public library not involved in the complaint; and

(3) The system's personnel officer or the officer's designee.

(c) If a member of the complaint board is disqualified, the chairperson shall appoint an alternate from the same role group to hear the complaint; provided that, if the chairperson has reason to be disqualified from hearing a complaint, the state librarian shall appoint an alternate to the board to serve as chairperson of the complaint board to hear the complaint.

(d) A complaint board shall be established within fifteen days after receipt of a complaint properly filed by a complainant at the office of the state librarian.

(e) A quorum of the complaint board shall be two board members or designees.

(f) Each board member or designee shall have one vote.

(g) A decision of the complaint board shall require the concurring vote of at least two board members or designees and shall be made no later than thirty days after the date the hearing is concluded.

Notes

Haw. Code R. § 8-205-4

[Eff 8/7/93; am 1/2/96; am and comp 05/24/2010] (Auth: HRS § 312-1) (Imp: 29 U.S.C. §§794, 706; 20 U.S.C. §1405; 34 C.F.R. §104; Hawaii Const., Art. I, §§ 1, 2; HRS §§ 296-19, 296-61, 368-1, 378-2; HRS Chapter 489)