Haw. Code R. § 8-62-12 - Administration
(a) The chairperson of the board shall be
responsible for the administrative functions of the board.
(b) All decisions, orders, and other actions
of the board shall be authenticated or signed by the board members acting in
the proceeding or by the chairperson upon delegation by the board members
acting in the proceeding. Official copies of decisions, orders, and other board
actions may be certified under the signature of the chairperson or the
chairperson's designate.
(c) All
documents required to be filed with the board shall be filed in the office of
the board in Honolulu, Hawaii, within the time limits as prescribed by the
rules of the board, or by the order of the board. Requests for public
information or the opportunity to inspect public records may be made to the
board's office.
(d) The board may
delegate to any competent and qualified individuals, the power or authority
vested in the board as it deems reasonable and proper to carry out its
functions as prescribed by chapter 76, Hawaii Revised Statutes, except the
power to make, amend, or repeal rules.
(e) The board may, by written resolution
adopted by a majority of the members to which it is entitled, appoint a
hearings officer. The hearings officer shall hear the matter in the same manner
as if it were before the board. Upon the conclusion of the hearing, the
hearings officer shall transmit to the board a record of the hearing, including
a recording or transcript and a summary of evidence taken at the hearing. After
a review of the testimony and evidence, a majority of the members, two out of
three members, to which the board is entitled shall render a
decision.
(f) The board may develop
and promulgate procedures needed to carry out its functions.
(g) No board member shall be held liable in
any civil action for damage, injury, or loss caused by or resulting from the
member's performance or failure to perform any duty required or authorized to
be performed by a person who holds the position to which the member was
appointed, unless the member acted with a malicious or improper purpose, except
when the plaintiff in a civil action is the department of education.
Notes
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