Haw. Code R. § 8-62-34 - Filing of appeal

(a) Time. Any person who has standing to appeal shall file a petition of appeal to the board within twenty working days from the date of the written notice of the assistant superintendent, appointing authority, or designee. If a person files the petition by postal service, it must be postmarked by midnight on the twentieth working day of the filing period. The petition of appeal shall be filed with the merit appeals board at 1390 Miller Street, c/o Assistant Superintendent, Office of Human Resources, Queen Liliuokalani Building, Honolulu, Hawaii 96813, between the hours of 7:45 a.m. to 4:30 p.m. of each workday, excluding state holidays. The date notice of the action is sent shall be construed as:

(1) The date the assistant superintendent or appointing authority mails the notice to the person's last known address; or

(2) The date the notice is hand delivered or sent by facsimile to the person.

All petitions submitted to the board beyond the twenty working day period shall be deemed untimely and shall not be considered unless an extension is granted by the board on or before the twentieth working day.

(b) Form. The form of the petition of appeal shall conform to the requirements of the board for the filing of documents.

(c) Content. The petition of appeal shall contain the following information:

(1) The name and signature of each petitioner;

(2) The address and telephone number of each petitioner or the designated representative for a petition having four or more petitioners;

(3) A concise statement of relevant facts for each issue and a description of how these facts support the appeal specifying how and in what manner the particular rule, regulation, statute, or policy is claimed to have been violated by the superintendent, assistant superintendent, or appointing authority;

(4) A statement of the issues involved in the appeal and the remedy sought, including the rationale and the legal basis, as appropriate, for the remedy;

(5) Initial pricing appeals shall contain information provided in paragraphs (1), (2), (3), and (4), and be subject to the additional requirements:

(A) Initial pricing appeals shall be limited to a single class and be based on conditions existing at the time of the dated position description on which the new class and the initial pricing action was taken.

(B) All other materials intended to support the pricing appeal issues shall be submitted with the proper number of copies and within fourteen days after submission of the pricing appeal.

(C) Amended pricing appeals which are submitted within the period prescribed herein shall be effective as of the date of the original filing.

Notes

Haw. Code R. § 8-62-34

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