Haw. Code R. § 8-63-41 - Non-civil service appointments

(a) The appointing authority may make an appointment of not more than eighty-nine consecutive calendar days or of less than twenty hours a week for thirty-seven consecutive weeks without regard to the minimum qualification requirements of the position or a non-civil service temporary appointment outside the list in order to meet immediate operational needs provided that:

(1) The employee chosen for such an appointment must meet the public employment requirements under section 78-1, Hawaii Revised Statutes, and possess the necessary occupational license, certification, or registration required by statute or regulation. Service acquired in a non-civil service appointment shall not be credited towards meeting the requirements of an initial probationary period;

(2) The following conditions shall apply for such appointments:

(A) The appointing authority ensures the employee will perform duties characteristic of the class;

(B) The employee has not received a non-civil service appointment in the same class of work within the last three months, unless this restriction is waived by the assistant superintendent; and

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

(b) The appointing authority may make a non-civil service temporary appointment outside the list when there are no interested and available applicants on an appropriate eligible list to fill the vacancy, or the appointing authority determines that the period of the temporary appointments makes it impracticable to fill the position by recruitment procedures. The following conditions shall apply:

(1) For permanent vacancies, the appointment shall not exceed six months;

(2) For temporary vacancies, the appointment shall not exceed one year;

(3) An appointing authority may request and be granted an extension to continue an employee in a non-civil service temporary appointment outside the list at the discretion of the assistant superintendent or authorized designee.

Notes

Haw. Code R. § 8-63-41

[Eff JUN 29 2012] (Auth: HRS §§ 302A-1112, 76-17) (Imp: HRS § 76-17)