Haw. Code R. § 14-25.1-1 - Standing to appeal

(a) Only persons who have exhausted the internal complaint procedures identified in section 14-21.1-3(d) and whose appeal is not barred by other provisions of section 14-21.1-3 shall have standing to file an appeal with the merit appeals board.

(b) The merit appeals board shall decide appeals from actions taken by the chief executive, the director, an appointing authority, or a designee acting on behalf of one of these individuals, as follows to:

(1) Recruitment and examination for civil service positions. Any person suffering legal wrong by that action or aggrieved by that action may file an appeal. An employee serving an initial probationary appointment who alleges wrongful termination for failure to successfully complete the initial probation period may also file an examination appeal;

(2) Classification and reclassification of a civil service position. A 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 has suffered a legal wrong by that action may file a classification or reclassification appeal;

(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 taken against civil service employees who are excluded from collective bargaining coverage under section 89-6, Hawaii Revised Statutes, if the employee suffers a legal wrong by the action. These actions include:

(A) disciplinary actions, such as dismissals, demotions, and suspensions;

(B) adverse actions for failure to meet performance requirements, such as dismissals, demotions, or reduction in pay; and

(C) other employment actions if the employee suffers a legal wrong by the action.

(c) Appeals under this section shall be filed within time limits and in the manner provided by rules of the merit appeals board.

Notes

Haw. Code R. § 14-25.1-1

[Eff OCT 24 2003] (Auth: HRS § 91-2) (Imp: HRS §§ 76-14, 76-42, 76-47)