Haw. Code R. § 8-62-33 - Standing to appeal

(a) Only persons who have exhausted the internal complaint procedures and whose appeal is not barred by other provisions of these rules shall have standing to file an appeal with the board.

(b) The board shall decide appeals from any action taken by the superintendent, the assistant superintendent, an appointing authority, or a designee acting on behalf of one of these individuals, relating to:

(1) Recruitment and examination for civil service positions, including non-selection or failure to complete the initial probationary period;

(2) Classification and reclassification of a civil service position, including denial or loss of promotional opportunity or demotion due to reclassification of positions in a reorganization;

(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, including disciplinary actions and adverse employment actions for failure to meet performance requirements, taken against civil service employees who are excluded from collective bargaining coverage under section 89-6, Hawaii Revised Statutes.

(c) Any person alleging adverse action related to employment under subsection (b)(1) or aggrieved by such action shall be entitled to appeal to the board.

(d) Any employee covered by chapter 76, Hawaii Revised Statutes, alleging adverse action related to employment under subsection (b)(2) or (3) shall be entitled to appeal to the board.

(e) Employees covered by chapter 76, Hawaii Revised Statutes, who are excluded from collective bargaining, alleging adverse action related to employment under subsection (b)(4) shall be entitled to appeal to the board. Appeals under this section shall be filed within time limits and in the manner provided by the rules of the board.

Notes

Haw. Code R. § 8-62-33

[Eff 6/11/2010] (Auth: HRS §§ 302A-1112, 76-14, 76-47) (Imp: HRS §§ 76-14, 76-47)