Haw. Code R. § 8-63-74 - Administrative review

(a) For complaints within the jurisdiction of the merit appeals board, the following persons shall be entitled to file a request for administrative review:

(1) Recruitment: Any person who has filed an application for a vacant civil service position or a recruitment program and who alleges an improper recruitment.

(2) Examination:

(A) Any applicant who:

(i) Receives notification of failure to meet minimum qualifications for the class, position, or public employment requirements for which a formal application was filed;

(ii) Receives notification of an unsatisfactory examination score;

(iii) Receives notification of non-selection for a civil service position; or

(iv) Receives notification of unsuitability for public employment or a specific class of work applied for;

(B) Any employee serving an initial probationary appointment in a civil service position who is disciplined or terminated for failure to successfully complete the initial probationary period.

(3) Classification or Reclassification: The civil service employee occupying the position as of the effective date of the classification action and any subsequent civil service employee in the position up to the date of the notice of final action who believes the classification action was improper.

(4) Initial pricing of classes: The civil service incumbent of a position in a new class as of the effective date of the initial pricing action who alleges an improper pricing action.

(5) Other employment actions taken against a civil service employee who is excluded from collective bargaining: Any civil service employee who is excluded from collective bargaining coverage under section 89-6, Hawaii Revised Statutes, who alleges an adverse employment action under Chapter 76, Hawaii Revised Statutes.

The request for administrative review must be filed within ten calendar days after the date of the notice of the recruitment, examination, classification, reclassification, pricing, or final adverse action.

(b) For complaints not within the jurisdiction of the merit appeals board, the complainant shall be entitled to file a request for administrative review. The request for administrative review must be filed within ten calendar days after the date of the notice of the final adverse action.

(c) Upon receipt of the request for administrative review, the assistant superintendent or designee shall take appropriate action, including:

(1) If the complaint is not within the jurisdiction of the department, refer and forward the complaint to the appropriate agency, if known, and notify the complainant accordingly;

(2) If the complaint is covered by another department complaint process, refer and forward the complaint and notify the complainant accordingly;

(3) If the matters are clearly subject to the collective bargaining procedure, return the complaint to the complainant; or

(4) Accept the complaint for appropriate action and notify the complainant accordingly.

(d) If the complaint falls within the authority of the department and the scope of this internal complaint procedure, the assistant superintendent or designee shall review the complaint and issue a written decision within ten calendar days after the completion of the administrative review. If the complaint is denied, information on filing a formal complaint through the formal complaint process, set forth in section 8-63-75, shall accompany the written decision.

Notes

Haw. Code R. § 8-63-74

[Eff JUN 29 2012 ] (Auth: HRS §§ 302A-1112, 76-17) (Imp: HRS §§ 76-14, 76-42)