HomeMy WebLinkAboutRules of the Department of Human Resources Title 1 - Rules of the Director, Effective December 16, 2019
RULES OF THE DEPARTMENT OF HUMAN RESOURCES
COUNTY OF HAWAI‘I
TITLE I - RULES OF THE DIRECTOR
TABLE OF CONTENTS
PAGE NO.
CHAPTER 1 GENERAL PROVISIONS; DEFINITIONS
Subchapter 1 General Provisions
§1-1 Purpose of subchapter; statement of policy .............................................. 1-1
§1-2 Applicability of rules ...................................................................................... 1-1
§1-3 Duties and powers of the director ............................................................... 1-2
§1-4 General responsibilities of departments ...................................................... 1-2
§1-5 Reporting personnel information ................................................................. 1-2
§1-6 Authority to investigate................................................................................. 1-2
§1-7 Enforcement authority of director ............................................................... 1-3
§1-8 Delegation of authority ................................................................................ 1-3
Subchapter 2 Definitions
§1-9 Definitions....................................................................................................... 1-3
CHAPTER 2 PUBLIC INFORMATION, PETITION FOR REVISION OF RULES, AND
DECLARATORY RULING
Subchapter 1 Public Information, Petition for Revision of Rules, and Declaratory
Ruling
§2-1 Public information ......................................................................................... 2-1
§2-2 Petition for adoption, amendment, or repeal of rules ............................... 2-2
§2-3 Declaratory ruling.......................................................................................... 2-3
CHAPTER 3 FILLING OF POSITIONS IN THE CIVIL SERVICE
Subchapter 1 General Provisions
§3-1 Purpose .......................................................................................................... 3-2
§3-2 Appointment in the civil service system ...................................................... 3-2
§3-3 Discretion of appointing authority in filling vacancies ............................... 3-3
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Subchapter 2 Recruitment
§3-4 Citizenship and residence ............................................................................ 3-4
§3-5 Announcement of recruitment .................................................................... 3-4
§3-6 Registrations ................................................................................................... 3-4
§3-7 Content of recruitment announcements ................................................... 3-4
§3-8 Period of recruitment .................................................................................... 3-5
§3-9 Acceptance of applications ....................................................................... 3-5
§3-10 Cancellation of recruitment ......................................................................... 3-5
§3-11 Recruitment incentives ................................................................................. 3-5
Subchapter 3 Examination
§3-12 Scope and character of examinations ....................................................... 3-6
§3-13 Disqualification of applicants....................................................................... 3-6
§3-14 Conduct of examinations ............................................................................ 3-8
§3-15 Confidentiality of applicants ........................................................................ 3-8
§3-16 Rating of examinations ................................................................................. 3-8
§3-17 Notification of examination results .............................................................. 3-9
§3-18 Administrative review of examination ratings ............................................. 3-9
§3-19 Changes in examination ratings .................................................................. 3-9
§3-20 Custody and protection of examination materials .................................. 3-10
§3-21 Records and reports of examinations ....................................................... 3-10
Subchapter 4 Medical Standards and Examinations
§3-22 Medical standards ...................................................................................... 3-11
§3-23 Kinds of medical examinations .................................................................. 3-11
§3-24 Administration of medical examinations .................................................. 3-12
§3-25 Failure to meet the health and physical standards ................................. 3-12
§3-26 Appeals against pre-entry medical examination results ......................... 3-12
§3-27 Waiver of pre-entry medical examinations .............................................. 3-13
Subchapter 5 Certification
§3-28 Types of lists .................................................................................................. 3-13
§3-29 Duration of eligibility.................................................................................... 3-16
§3-30 Certification of eligibles .............................................................................. 3-16
§3-31 Order of eligible lists for certification ......................................................... 3-17
§3-32 Selective certification ................................................................................. 3-18
§3-33 Duration of certifications ............................................................................ 3-18
§3-34 Suspension and termination of eligibility; restoration of eligibility .......... 3-19
§3-35 Termination of eligibility ............................................................................. 3-20
§3-36 Cancellation of eligible lists ........................................................................ 3-20
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Subchapter 6 Types of Appointments
§3-37 Permanent appointment .......................................................................... 3-21
§3-38 Probationary appointment ....................................................................... 3-21
§3-39 Temporary appointment ............................................................................ 3-22
§3-40 Persons ineligible for appointment ........................................................... 3-25
Subchapter 7 Membership in the Civil Service
§3-41 Membership in the civil service ................................................................. 3-26
CHAPTER 4 ADMINISTRATIVE REVIEW OF CLASSIFICATION AND INITIAL PRICING
ACTIONS
§4-1 Purpose……………………………………………………………………..………. 4-1
Subchapter 1 Administrative Review of Classification Actions
§4-2 Administrative review of classification actions ........................................... 4-1
§4-3 (Reserved) ..................................................................................................... 4-2
§4-4 (Reserved) ..................................................................................................... 4-2
§4-5 (Reserved) ..................................................................................................... 4-2
Subchapter 2 Administrative Review of Initial Pricing Actions
§4-6 Administrative review of initial pricing actions ............................................ 4-3
§4-7 (Reserved) ..................................................................................................... 4-3
§4-8 (Reserved) ..................................................................................................... 4-4
§4-9 (Reserved) ..................................................................................................... 4-4
CHAPTER 5 EXEMPTION FROM CIVIL SERVICE
§5-1 General provisions......................................................................................... 5-1
§5-2 Authority to exempt ...................................................................................... 5-1
CHAPTER 6 INTERNAL COMPLAINT PROCEDURES
§6-1 Purpose .......................................................................................................... 6-1
§6-2 Requirements................................................................................................. 6-1
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CHAPTER 7 RESIGNATIONS
§7-1 Purpose .......................................................................................................... 7-1
§7-2 Requirements................................................................................................. 7-1
CHAPTER 8 LEAVE SHARING
§8-1 Purpose .......................................................................................................... 8-1
§8-2 Applicability ................................................................................................... 8-1
§8-3 Administration of leave sharing program ................................................... 8-1
§8-4 Leave sharing procedures; general provisions ........................................... 8-2
§8-5 Direct share option ....................................................................................... 8-2
§8-6 Leave bank option........................................................................................ 8-3
§8-7 Leave sharing donations; donors................................................................. 8-3
§8-8 Leave sharing recipients ............................................................................... 8-4
§8-9 Termination of shared leave ........................................................................ 8-4
§8-10 Prohibited acts .............................................................................................. 8-5
§8-11 Termination of leave sharing program ........................................................ 8-5
CHAPTER 9 EQUAL OPPORTUNITY
§9-1 Equal Opportunity ......................................................................................... 9-1
§9-2 Complaints .................................................................................................... 9-2
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RULES OF THE DEPARTMENT OF HUMAN RESOURCES
TITLE I - RULES OF THE DIRECTOR
CHAPTER 1
GENERAL PROVISIONS; DEFINITIONS
Subchapter 1 General Provisions
§1-1 Purpose of subchapter; statement of policy
§1-2 Applicability of rules
§1-3 Duties and powers of the director
§1-4 General responsibilities of departments
§1-5 Reporting personnel information
§1-6 Authority to investigate
§1-7 Enforcement authority of director
§1-8 Delegation of authority
Subchapter 2 Definitions
§1-9 Definitions
SUBCHAPTER 1
GENERAL PROVISIONS
§1-1 Purpose of subchapter; statement of policy.
The purpose of this subchapter is to set forth the fundamental character of
the system of personnel administration governed by these rules.
\[Eff. 07-01-02\] (Auth: HRS §76-17)
§1-2 Applicability of rules.
(a) These rules shall apply to the civil service system, including all
positions and incumbents of such positions in the County of Hawai‘i.
Unless specified otherwise, these rules shall not apply to positions
and employees exempt from civil service.
(b) The County civil service system shall include all positions in the
County service, except those specifically exempted therefrom by
or pursuant to statute or by the director in accordance with law.
\[Eff. 07-01-02; am 03-01-15\] (Auth: HRS §76-17)
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§1-3 Duties and powers of the director.
(a) General powers and duties. The general powers and duties of the
director shall be as prescribed in Hawai‘i Revised Statutes, Section
76-12. The director shall be responsible for the development of
County-wide policies, procedures, guidelines, and all other matters
concerning human resource management unless otherwise
approved.
(b) The specific duties and powers of the director shall be as
prescribed in Hawai‘i Revised Statutes, Section 76-13.
\[Eff. 07-01-02; am 03-01-15\] (Auth: HRS §§76-12, 76-13, 76-71)
§1-4 General responsibilities of departments.
(a) The head of each department shall be responsible for human
resource management within each department and shall provide
for the cooperation of the department with the Department of
Human Resources on human resource management concerns.
(b) Authority for the administration of departmental human resource
management concerns may be delegated to those officials
responsible for planning, directing, and supervising the work of
others to the extent compatible with economical and efficient
administration. The exercise of the authority shall be subject to
policies, rules, guidelines, procedures, and standards established by
the head of the department and the director.
(c) Each department shall be responsible for establishing and
maintaining written personnel policies which conform to the
applicable laws, rules, policies, guidelines, procedures, and
standards.
\[Eff. 07-01-02; am 03-01-15\] (Auth: HRS §76-17)
§1-5 Reporting personnel information.
Each department shall report personnel information to the director as the
director deems necessary as to matters within the director's jurisdiction. The
information shall be supplied at the time and in such manner as the director
prescribes.
\[Eff. 07-01-02\] (Auth: HRS §76-17)
§1-6 Authority to investigate.
The director may conduct investigations to secure enforcement of Hawai‘i
Revised Statutes, Chapter 76, and other pertinent law, rules, policies, standards,
guidelines, and procedures.
\[Eff. 07-01-02\] (Auth: HRS §§76-12, 76-13)
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§1-7 Enforcement authority of director.
Whenever the director finds that any person has been appointed to, or is
holding or performing the duties of a position in violation of any of the laws, rules,
policies, standards, guidelines, and procedures administered by the director, the
director shall certify the facts to the department with specific instructions for
corrective action. Whenever the director issues specific instructions for
corrective actions, the appointing authority concerned shall comply with the
director's orders and make a report thereon to the director.
\[Eff. 07-01-02\] (Auth: HRS §§76-12, 76-17)
§1-8 Delegation of authority.
The director may delegate to departments the authority to act on human
resource management concerns in following policies, rules, guidelines,
procedures, and standards issued by the director.
\[Eff. 07-01-02\] (Auth: HRS §§76-5, 76-17)
SUBCHAPTER 2
DEFINITIONS
§1-9 Definitions.
Unless otherwise indicated by the context, words used in these rules are
understood to have the following special meanings:
"Administrative review" means a reevaluation of an eligibility rating or
determination, initial pricing, or classification action.
"Allocation" means the placement of a position in a class of work on the
basis of its duties, responsibilities, and minimum qualification requirements.
“Appointing authority” means a department head or designee having the
power to make appointments or changes in the status of employees.
"Assembled examination" means an examination for which applicants are
required to assemble or be physically present at appointed times and places.
"Certificate of eligibles" means the official document through which
qualified individuals from eligible lists are referred by the Department of Human
Resources for employment consideration to departments.
"Certification" means the process whereby the names of qualified persons
on an eligible list are referred to the appointing authority.
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"Civil service" and “civil service positions” means all positions within a
jurisdiction that are not exempted by Hawai‘i Revised Statutes, Sections 46-33,
76-16, or 76-77, or by other law and must be filled through civil service
recruitment procedures based on merit.
"Civil service appointment" means an appointment to a civil service
position from an appropriate eligible list.
"Civil service employee" means an employee who has met all
requirements for membership in the civil service under Hawai‘i Revised Statutes,
Section 76-27.
"Civil service law" means Hawai‘i Revised Statutes, Chapter 76, as
amended. Unless the context of a specific rule clearly indicates otherwise, all
terms used herein shall have the same meaning as in the civil service law.
"Civil service recruitment procedure" means the process of seeking
applicants and determining their qualifications for civil service appointment.
"Civil service system" means the merit system. See Merit System.
"Class” or “class of work" means a group of positions that reflect sufficiently
similar duties and responsibilities such that the same title and the same pay
range may apply to each position allocated to the class.
"Class specification" means the official document approved by the
director, providing a formalized summary of the nature and scope of work, duties
and responsibilities, level of difficulty and authority, and minimum qualification
requirements for a class of work.
"Classification” means the process of establishing an occupational
framework and grouping positions on the basis of the kind and level of work and
knowledge, skills, competencies, and qualifications required.
"Classification system" means classes of positions arranged in a logical and
systematic order.
"Competitive examination" means an examination from which an eligible
list is established.
"Continuous recruitment announcement" means an announcement of a
competitive recruitment without a closing date for which applications are
received on a continuous basis.
"County" means the County of Hawai‘i.
"Day" means calendar day unless otherwise specified.
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"Demotion" means a movement of a civil service employee from the
position in which the employee last held a permanent appointment to another
position:
I. Assigned to a class with a lower pay range in the same salary schedule; or
II. Assigned to a class with a lower pay range in a different salary schedule
with equal rates of compensation at the corresponding salary ranges and
steps; or
III. Assigned to a class with a lower maximum rate of compensation in
another salary schedule and the dollar difference between the two
maximum rates is more than the dollar difference between the minimum
and second step of the former pay range; provided that, a rate of five
percent more than the minimum rate of the range shall be deemed to be
equivalent to the second step in the EM schedule; provided further, that a
rate of ninety-five percent of the maximum rate of a range in a salary
schedule with single rate pay ranges shall be deemed equivalent to the
minimum or first step of the pay range.
"Department" means any department, board, commission, or agency of
the County.
"Director" means the Director of Human Resources.
“Discharge” means an action taken by an appointing authority to
involuntarily separate an employee from County service. A discharge may be
for either administrative reasons or disciplinary reasons.
"Eligible" means a person whose name is on an eligible list.
"Eligible list" means a list of persons who have been found qualified for
appointment to a position in a particular class through the civil service
recruitment procedures.
"Employee" means any person holding a position in the service of the
County, irrespective of status or type of appointment; provided that, if the
context clearly applies only to an employee who is a member of the civil service,
“employee” means a civil service employee.
"Examination" means any test or accepted personnel assessment
technique used to measure the knowledge, skills, and abilities and fitness of
applicants for employment which may include, but are not limited to: written
tests, oral tests, interviews, essays, tests of physical fitness or ability, medical
examinations, performance tests, education and experience evaluations,
probation periods, background and suitability determinations, and assessment
centers.
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"Examination rating" means the rating attained as a result of an
applicant’s qualification or performance or both in an examination, without
credit for the points added through veteran's preference.
"Exempt employee" means a person who is appointed to and who
occupies a position exempted from civil service pursuant to Hawai‘i Revised
Statutes, Chapter 76.
"Initial pricing" means the determination of the appropriate pay range
and pay relationships for a new class based on appropriate factors.
"Initial probation period" means a duration of time required of a person in
a civil service position as the final test of the person's fitness and ability for the
position before acquiring membership in the civil service.
“Internal list” means a list of persons who have been found qualified by an
internal recruitment for appointment to a position in a particular class of work.
"Internal recruitment" means a recruitment to fill a vacant position in the
appointing authority's department or elsewhere within the County.
"Layoff" means the severing of an employee's services due to the
abolishment of a position because of lack of work or funds, or other reasons
outside of the employee's control.
"Merit Appeals Board" or “MAB” means the County's appellate body for
purposes of Hawai‘i Revised Statutes, Section 76-14.
"Merit principle" means the selection of persons based on their fitness and
ability for public employment and the retention of employees based on their
demonstrated appropriate conduct and productive performance.
"Merit system" means the human resources management system based
upon the purposes of the merit principle and building of a career service in
government, free from coercive political influences, to render impartial service to
the public at all times, according to the dictates of ethics and morality and in
compliance with all laws.
"Minimum qualification requirements" mean the minimum education,
experience, licenses, training, and other special requirements of a class of work
essential for successful performance in a position.
"Open-competitive recruitment" means a recruitment whereby everyone,
including the public and County employees, may apply.
"Open-competitive recruitment announcement" means a recruiting
notice open to the public announcing the receipt of applications from all
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interested individuals for positions in a particular class of work.
"Open-competitive list" means a list of persons who have been found
qualified by an open-competitive recruitment for appointment to a position in a
particular class of work.
"Pay range" means a single rate or a group of rates from a minimum rate
to a maximum rate in a salary schedule.
"Permanent appointment" means an appointment without a limitation
date to a permanent position that allows the employee to become a
permanent civil service employee.
"Permanent position" means a position without time limitation and which is
included in a department's permanent position count.
"Position" means a specific job requiring the full or part-time employment
of one person.
"Position description" means an official written statement of the major
duties and responsibilities assigned to the position by the appointing authority,
the organizational relationships, the knowledge, skills, and abilities required of the
position, and other pertinent information.
"Pricing" means the assignment of classes to pay ranges in proper
relationship to one another.
"Probationary appointment" means an appointment which is made to fill a
permanent position.
"Probation period" means a specified period which serves as the final test
of an employee's qualifications for the position in which employed.
"Promotion" means a movement of a civil service employee from the
position in which the employee last held a permanent appointment, to another
position:
I. Assigned to a class with a higher pay range in the same salary schedule;
or
II. Assigned to a class with a higher pay range in a different salary schedule
with equal rates of compensation at the corresponding salary ranges and
steps; or
III. Assigned to a class with a higher maximum rate of compensation in a
different salary schedule and the dollar difference between the two
maximum rates is more than the dollar difference between the minimum
and second steps of the former pay range; provided that, a rate of five
percent more than the minimum rate of the range shall be deemed to be
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equivalent to the second step in the EM schedule; provided further, that a
rate of ninety-five percent of the maximum rate of a range in a salary
schedule with single rate pay ranges shall be deemed equivalent to the
minimum or first step of the pay range.
"Rating" means the score or measure of performance of an applicant in
an examination.
"Reallocation" means the action of changing a position’s classification
from one class to another class based on changes in the duties, level of difficulty,
authority, responsibilities, qualification requirements, and other factors.
“Reasonable accommodation” means:
I. Modifications or adjustments to a job application process that enable an
individual with a disability to be considered for the position such individual
desires;
II. Modifications or adjustments to the work environment or to the manner or
circumstances under which the position held or desired is customarily
performed that enable an individual with a disability to perform the
essential functions of the position; and/or
III. Modifications or adjustments that enable an individual with a disability
who is employed to enjoy equal benefits and privileges of employment
which are enjoyed by other similarly situated employees without
disabilities.
“Recall list” means a list of former permanent civil service employees who
have been discharged from employment due to a reduction in force.
"Reclassification" means a change in the class to which a position is
allocated.
"Reemployment list" means a list of eligibles comprised of former and/or
current civil service employees who meet requirements or conditions for
placement on the list.
"Registration recruitment" means a method of recruitment for unskilled
classes of work with no examination.
“Registration list” means a list of eligibles for a designated unskilled class of
work.
"Related class" means a class which requires substantially similar
knowledge, skills, and abilities as another class.
1-8
"Resignation" means an action by an employee severing the employee's
employment relationship with the County.
“Select priority list” means a list of former employees who were released
under the conditions covered by Hawai‘i Revised Statutes, Section 386-142.
"Selective certification" means the process by which certification is limited
to those persons possessing knowledge, skills, abilities, and other characteristics
deemed critical to the successful performance of the work of a specific position.
"Suitability" means fitness for employment after consideration of such
factors as physical and mental ability, character, criminal history record, and
employment record, etc.
"Temporary appointment" means an appointment to a civil service
position for a specified temporary duration.
"Temporary appointment outside of a list" means a temporary
appointment of an individual who is hired for a specified duration and is not on
an eligible list for that class of work.
“Transfer” means a movement of a civil service employee from the
position the employee last held a permanent appointment, to another position:
I. Assigned to a class with the same maximum rate of compensation in the
same or different salary schedule; or
II. Assigned to a class in a different salary schedule:
A. with a higher maximum rate of compensation, and the dollar
difference between the two maximum rates is less than or equal to the
dollar difference between the minimum and second step of the former
pay range; or
B. with a lower maximum rate of compensation, and the dollar
difference between the two maximum rates is less than or equal to the
dollar difference between the minimum and second step of the former
pay range; provided that a rate of five percent more than the
minimum rate of the range shall be deemed equivalent to the second
step in the EM schedule; provided further, that a rate of ninety-five
percent of the maximum rate of a range in a salary schedule with
single rate pay ranges shall be deemed equivalent to the minimum or
first step of the pay range.
"Unassembled examination" means an examination in which applicants
are not assembled or required to be physically present for a test.
1-9
“Veterans preference points” means the awarding of five points or ten
points, as appropriate, on a civil service examination to applicants who pass an
examination and who are qualified veterans of the United States armed forces
under federal law.
"Voluntary demotion" means a demotion requested by an employee and
approved by the appointing authority concerned.
\[Eff. 07-02-02; am 03-01-15, am 05/17/18\] (Auth: HRS §76-17)
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RULES OF THE DEPARTMENT OF HUMAN RESOURCES
TITLE I - RULES OF THE DIRECTOR
CHAPTER 2
PUBLIC INFORMATION, PETITION FOR REVISION OF RULES,
AND DECLARATORY RULING
Subchapter 1 Public Information, Petition for Revision of Rules, and Declaratory
Ruling
§2-1 Public information
§2-2 Petition for adoption, amendment, or repeal of rules
§2-3 Declaratory ruling
SUBCHAPTER 1
PUBLIC INFORMATION, PETITION FOR REVISION OF RULES,
AND DECLARATORY RULINGS
§2-1 Public information
(a) Information on matters within the jurisdiction of the Director of
Human Resources may be obtained by inquiring in person, during
regular business hours (7:45 a.m. to 4:30 p.m., Monday through
Friday) at the office of the director, Department of Human
Resources, Hilo, Hawai‘i, or by submitting a request in writing to said
office.
(b) All rules of the director are on file and available for inspection
during regular business hours at:
(1) Department of Human Resources
101 Pauahi Street, Suite 2
Hilo, Hawai‘i 96720
(2) Office of the County Clerk
25 Aupuni Street
Hilo, Hawai‘i 96720
(3) Office of the Lieutenant Governor
Hawai‘i State Capitol
Honolulu, Hawai‘i 96813
(c) All final opinions and orders of the director rendered in the
performance of its function are available for inspection at the
Department of Human Resources during regular business hours.
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(d) Printed copies of rules are available at a price fixed by the director
in accordance with Hawai‘i Revised Statutes, Section 91-2.5, to
cover mailing and publication costs.
\[Eff. 07-01-02; am 03-01-15\] (Auth: HRS §§76-17, 91-2, 91-2.5)
§2-2 Petition for adoption, amendment, or repeal of rules
(a) Any interested person may petition the director, requesting the
adoption, amendment, or repeal of any rule of the Director of
Human Resources.
(b) The petition need not be in any special form but shall contain the
following:
(1) The name, address, and telephone number of each
petitioner;
(2) A statement of the nature of the petitioner's interest;
(3) A draft of the substance of the proposed rule or
amendment or a designation of the provisions sought to be
repealed;
(4) An explicit statement of the reasons in support of the
proposed rule, amendment, or repeal;
(5) Any other information pertinent to the petition;
(6) The signature of each petitioner.
(c) The director shall either deny the petition in writing, within thirty
days after the submission of the petition, stating the reasons for the
denial or initiate proceedings in accordance with Hawai‘i Revised
Statutes, Section 91-3, within one hundred and twenty days for the
adoption, amendment, or repeal of the rule, as the case may be.
(d) Any petition which does not conform to the requirements specified
herein may be rejected.
(e) The director may, at any time on the director's own initiative, initiate
proceedings in accordance with the procedures provided herein
for the adoption, amendment, or repeal of rules.
(f) Public hearings shall be held in accordance with Hawai‘i Revised
Statutes, Section 91-3.
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(g) Filing and effective date of rules shall be in accordance with
Hawai‘i Revised Statutes, Section 91-4.
\[Eff. 07-01-02; am 03-01-15\] (Auth: HRS §§76-17, 91-6)
§2-3 Declaratory ruling.
(a) Any interested person may petition the director for a declaratory
order as to the applicability of any statutory provision or any rule or
order of the director.
(b) The petition shall be submitted in duplicate to the director. It shall
contain:
(1) The name, address, and telephone number of the petitioner;
(2) A statement of the nature of petitioner's interest, including
reasons for the submission of the petition;
(3) A designation of the specific provision, rule, or order in
question;
(4) A complete statement of the relevant facts;
(5) A statement of the position or contention of the petitioner;
(6) A memorandum of authorities containing a full discussion of
the reasons including any legal authorities in support of such
position or contention;
(7) The signature of each petitioner.
(c) Any petition which does not conform to the foregoing requirements
may be rejected.
(d) The director may, for good cause, refuse to issue a declaratory
ruling. Without limiting the generality of the foregoing, the director
may so refuse where:
(1) The question is speculative or purely hypothetical and does
not involve existing facts, or facts which can reasonably be
expected to exist in the near future;
(2) The petitioner's interest is not of the type which would give
the petitioner standing to maintain action if the petitioner
was to seek judicial relief;
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(3) The issuance of the declaratory ruling may adversely affect
the interests of the County, the Department of Human
Resources, or any of its officers or employees in any litigation
which is pending or may reasonably be expected to arise;
(4) The matter is not within the jurisdiction of the director.
(e) Where any question of law is involved, the director may refer the
matter to the Office of the Corporation Counsel. The director may
also obtain the assistance of other agencies where necessary or
desirable.
(f) Each petition shall be either rejected pursuant to subsection (c) or
acted upon within a reasonable time. Upon the disposition of the
petition, the petitioner shall be promptly informed thereof by the
director.
(g) An order disposing of a petition shall be applicable only to the fact
situation alleged in the petition or set forth in the order. It shall not
be applicable to different fact situations or where additional facts
not considered in the order exist. Such order shall have the same
force and effect as other orders issued by the director.
\[Eff. 07-01-02; am 03-01-15\] (Auth: HRS §§76-17, 91-8)
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RULES OF THE DEPARTMENT OF HUMAN RESOURCES
TITLE I - RULES OF THE DIRECTOR
CHAPTER 3
FILLING OF POSITIONS IN THE CIVIL SERVICE
Subchapter 1 General Provisions
§3-1 Purpose
§3-2 Appointment in the civil service system
§3-3 Discretion of appointing authority in filling vacancies
Subchapter 2 Recruitment
§3-4 Citizenship and residence
§3-5 Announcement of recruitment
§3-6 Registrations
§3-7 Content of recruitment announcements
§3-8 Period of recruitment
§3-9 Acceptance of applications
§3-10 Cancellation of recruitment
§3-11 Recruitment incentives
Subchapter 3 Examination
§3-12 Scope and character of examinations
§3-13 Disqualification of applicants
§3-14 Conduct of examinations
§3-15 Confidentiality of applicants
§3-16 Rating of examinations
§3-17 Notification of examination results
§3-18 Administrative review of examination ratings
§3-19 Changes in examination ratings
§3-20 Custody and protection of examination materials
§3-21 Records and reports of examinations
Subchapter 4 Medical Standards and Examinations
§3-22 Medical standards
§3-23 Kinds of medical examinations
§3-24 Administration of medical examinations
§3-25 Failure to meet the health and physical standards
§3-26 Appeals against pre-entry medical examination results
§3-27 Waiver of pre-entry medical examinations
3-1
Subchapter 5 Certification
§3-28 Types of lists
§3-29 Duration of eligibility
§3-30 Certification of eligibles
§3-31 Order of eligible lists for certification
§3-32 Selective certification
§3-33 Duration of certifications
§3-34 Suspension and termination of eligibility; restoration of eligibility
§3-35 Termination of eligibility
§3-36 Cancellation of eligible lists
Subchapter 6 Types of Appointments
§3-37 Permanent appointment
§3-38 Probationary appointment
§3-39 Temporary appointment
§3-40 Persons ineligible for appointment
Subchapter 7 Membership in the Civil Service
§3-41 Membership in the civil service
SUBCHAPTER I
GENERAL PROVISIONS
§3-1 Purpose.
The purpose of this chapter is to implement a system of recruitment and
selection of public officers and employees in accordance with merit-based civil
service laws which will attract and select individuals based on their fitness and
ability for public employment and the retention of employees based on their
demonstrated appropriate conduct and productive performance.
\[Eff. 07-01-02; am 03-01-15, am 05/17/18\] (Auth: HRS §76-17) (Imp: HRS §§76-1,
76-13, HCC §7-1.4)
§3-2 Appointment in the civil service system.
(a) The director shall be responsible for recruiting applicants for open-
competitive, registration, and internal recruitments, and for
determining the relative knowledge, skills, ability, and fitness of
applicants.
(b) Eligibles shall be placed on an appropriate eligible list in the
manner prescribed by these rules.
3-2
(c) A person selected through the civil service recruitment procedure
for a permanent position shall be required to serve an initial
probation period.
(d) Membership in the civil service will be acquired upon successful
completion of an initial probation period.
(e) The director may determine the types, duration, and conditions for
other types of appointments in the civil service system and may
prescribe the methods for removing persons holding these
appointments.
(f) No person shall be appointed or employed in the civil service
system or perform duties of any position until the person passes the
examination prescribed by the director or unless specifically
exempted by these rules.
\[Eff. 07-01-02, am 05/17/18\] (Auth: HRS §76-17) (Imp: HRS §§76-13, 76-17, HCC
§7-1.4)
§3-3 Discretion of appointing authority in filling vacancies.
An appointing authority may fill any vacancy in the civil service system by
any of the following means:
(a) Transfer;
(b) Demotion;
(c) Appointment from an open-competitive or registration list;
(d) An internal recruitment within the department;
(e) An internal recruitment within the County;
(f) Intergovernmental movement;
(g) Any other means provided for by statute, these rules, or
procedures.
\[Eff. 07-01-02; am 07-10-03; am 03-01-15, am 05/17/18\] (Auth: HRS §76-17) (Imp:
HRS §§76-13, 76-17)
3-3
SUBCHAPTER 2
RECRUITMENT
§3-4 Citizenship and residence.
Applicants shall meet the citizenship and residency requirements provided
in Hawai‘i Revised Statutes, Section 78-1.
\[Eff. 07-01-02\] (Auth: HRS §78-1) (Imp: HRS §78-1)
§3-5 Announcement of recruitment.
The director may conduct a recruitment and examination announcement
in a manner deemed reasonable and appropriate.
\[Eff. 07-01-02; am 03-01-15\] (Auth: HRS §76-17) (Imp: HRS §§76-13, 76-17, 76-22.5,
HCC §7-1.4)
§3-6 Registrations.
(a) There may be separate registration lists for different kinds of classes
of work. The period of public notice, the period for filing
applications, and other procedures pertaining to registrations shall
be determined by the director.
(b) The director may require applicants to pass appropriate tests
including, but not limited to, tests measuring physical abilities and
reading skills related to the work to be performed.
\[Eff. 07-01-02\] (Auth: HRS §§76-13, 76-17) (Imp: HRS §§76-18, 76-22.5, HCC §7-1.4)
§3-7 Content of recruitment announcements.
Announcements shall contain the following information:
(a) Title and pay range of the class;
(b) How to apply for the recruitment;
(c) Opening and closing dates for filing applications;
(d) Minimum qualification requirements;
(e) Type of examination;
(f) Other information determined as necessary or desirable by the
director.
\[Eff. 07-01-02; am 03-01-15\] (Auth: HRS §76-17) (Imp: HRS §§76-13, 76-17, HCC
§7-1.4)
3-4
§3-8 Period of recruitment.
(a) Recruitment shall be for a period deemed reasonable and
appropriate by the director.
(b) The director may announce an open-competitive or registration
recruitment on a continuous basis.
(c) The period for receipt of applications may be extended for good
reason as determined by the director.
\[Eff. 07-01-02; am 03-01-15, am 05/17/18\] (Auth: HRS §76-17) (Imp: HRS §§76-13,
76-17, HCC §7-1.4)
§3-9 Acceptance of applications.
(a) Applications shall be made in such form and manner and with such
supplemental information as determined by the director.
(b) Applications for open-competitive, registration, and internal
recruitments shall be accepted only during the period specified in
the recruitment announcement. Applications must be submitted
by 11:59 p.m. Hawai‘i Standard Time (HST) on the closing date.
(c) Late applications for open-competitive, registration, and internal
recruitments may be accepted for good reason as determined by
the director.
\[Eff. 07-01-02; am 03-01-15, am 05/17/18\] (Auth: HRS §76-17) (Imp: HRS §§76-13,
76-17)
§3-10 Cancellation of recruitment.
A recruitment may be canceled by the director at any time. In such
event, all applicants shall be notified of the cancellation.
\[Eff. 07-01-02; am 03-01-15\] (Auth: HRS §76-17) (Imp: HRS §§76-13, 76-17)
§3-11 Recruitment incentives.
(a) To enhance the recruitment of persons employed or appointed to
critical-to-fill and labor shortage positions, an appointing authority,
with the prior approval of the director, may:
(1) Compensate applicants for all or a portion of travel and
transportation expenses;
(2) Provide a monetary incentive in the form of a pay
differential, lump sum payment, or hiring bonus, as approved
by the director.
(b) Recruitment incentives are subject to annual review.
3-5
(c) The director may, for good reason, terminate incentives at any
time.
\[Eff. 07-01-02; am 03-01-15\] (Auth: HRS §§76-17, 76-23.5) (Imp: HRS §§76-17,
76-23.5, HCC §7-1.4)
SUBCHAPTER 3
EXAMINATION
§3-12 Scope and character of examinations.
(a) The director may consult with qualified persons in regard to the
content of tests, rating of applicants, or related test matters.
(b) Each examination shall relate to those matters which will test the
relative capacity and fitness of applicants for the proper
performance of the characteristic duties of the class or position for
which the examination is conducted.
(c) Any accepted human resources examining technique may be
used, including a verification and evaluation of education, training
and experience; tests of knowledge, skill, ability, or aptitude;
medical examinations including pre-employment drug tests;
appraisals of personal suitability including factors such as
employment history and references; inquiry into the moral
character of applicants; criminal background checks; and any
other matter relative to capacity and fitness that the director
determines appropriate.
\[Eff. 07-01-02; am 03-01-15\] (Auth: HRS §76-17) (Imp: HRS §§76-13, 76-15, 76-17,
76-18, 78-2.6, HCC §7-1.4)
§3-13 Disqualification of applicants.
(a) The director may, for good cause, reject any application for any
period of time. Reasons for disqualification may include, but are
not limited to, any of the following:
(1) Failure to meet the minimum qualification requirements or
other employment requirements for admission to the
examination by the closing date, except as provided
otherwise in the recruitment announcement;
(2) Submission of incomplete applications;
(3) Refusal or failure to furnish documents required to verify any
statements made in the application;
3-6
(4) Deception, fraud, or false statements in the application,
examination, or appointment process;
(5) Failure to meet pre-entry medical examination requirements
to perform the essential functions of the class or position;
(6) Habitual or excessive use of drugs, narcotics, or intoxicating
beverages;
(7) Illegal use of drugs or narcotics;
(8) Conviction of any controlled substance-related offense
during the three-year period immediately preceding the
date of the application for employment;
(9) Conviction of a penal offense which affects the applicant's
suitability to properly perform the duties and responsibilities
of the class or position and investigation indicates that the
applicant has not been sufficiently rehabilitated to warrant
public trust;
(I0) A record of misconduct which is detrimental to the proper
performance of the duties and responsibilities of the class or
position;
(11) Conviction of any act, attempt, or conspiracy to overthrow
the state or the federal government by force or violence.
(b) The director may conduct investigations to determine an
applicant's qualifications and suitability for employment. If the
investigation discloses that the person is unsuitable for the position,
the director shall take appropriate corrective action, which may
include denying the applicant authorization to take the
examination, removing the person's name from the eligible list,
rescinding the certification of eligibility, or any combination thereof.
The director may bar the applicant found unsuitable for civil service
employment for a specific period of time.
(c) The director shall notify any applicant, whose application is
rejected, specifying the reason(s) for the rejection.
(d) An applicant may request an administrative review of an
application rejection by presenting additional information to
substantiate the request within seven days following the date the
notice was sent. A request for an administrative review shall not
delay, prevent, or invalidate the certification of names from the
eligible list nor the appointment of a person from the list.
3-7
(e) Applications submitted to the Department of Human Resources
shall constitute official examination records of the department.
Accompanying documents may be returned to applicants at the
discretion of the director.
\[Eff. 07-01-02; am 03-01-15\] (Auth: HRS §76-17) (Imp: HRS §§76-13, 76-17, 76-18,
76-29, 78-2.6, 831-2)
§3-14 Conduct of examinations.
(a) Examinations shall be held at the date, time, and place
determined by the director.
(b) For assembled examinations, qualified applicants shall be notified
of the date, time, and place of examination. The department shall
not be responsible if a notice is not received electronically, is lost in
the mail, or sent to an applicant's former address through failure of
the applicant to inform the department of a change of address.
(c) All applicants may be required to sign a waiver of liability when
taking part in examinations involving physical agility or
performance.
\[Eff. 07-01-02; am 03-01-15\] (Auth: HRS §§76-17, 76-18) (Imp: HRS §§76-17, 76-18)
§3-15 Confidentiality of applicants.
All reasonable precautions shall be taken to protect the confidentiality of
information about applicants.
\[Eff. 07-01-02\] (Auth: HRS §§76-17, 76-18) (Imp: HRS §§76-17, 76-18)
§3-16 Rating of examinations.
(a) Appropriate testing methodologies shall be used in rating
examinations and determining the relative ranking of applicants.
The minimum rating required to pass an examination shall be set by
the director. The director may also set a minimum rating for each
part of an examination and applicants may be required to obtain
at least the minimum rating in each part of the examination to be
rated on the remaining parts of the examination. The examination
rating of each applicant shall be determined by combining the
earned ratings of each part of the examination in accordance with
the weights established for each part.
(b) Applicants applying for open-competitive continuous recruitments
shall be placed on the eligible list in order of their examination
rating, regardless of the opening date of the recruitment.
(c) Applicants may be notified only as to whether or not they qualified
3-8
to be on the eligible list.
(d) Eligibles shall be placed on open-competitive lists in order of their
examination rating plus creditable veterans’ preference points.
Veterans’ preference points shall be awarded for the periods and
conditions authorized by law to applicants who meet the minimum
passing score of the examination.
\[Eff. 07-01-02\] (Auth: HRS §§76-17, 76-103) (Imp: HRS §§76-17, 76-18, 76-103)
§3-17 Notification of examination results.
Applicants who participate in an examination shall be given written
notice of their test results.
\[Eff. 07-01-02; am 03-01-15\] (Auth: HRS §76-17) (Imp: HRS §§76-17, 76-18)
§3-18 Administrative review of examination ratings.
(a) An applicant may request an administrative review of a rating
assigned in an examination within seven days following the date
the notice of examination results was sent. The applicant may be
required to submit written information to the director to
substantiate the request.
(b) A request for administrative review shall not delay, prevent, or
invalidate the certification of names from the eligible list nor the
appointment of a person from the list.
\[Eff. 07-01-02; am 03-01-15\] (Auth: HRS §76-17) (Imp: HRS §§76-17, 76-18)
§3-19 Changes in examination ratings.
(a) Changes in an examination rating may be made as a result of the
discovery of errors in the rating or as a result of an administrative
review.
(b) Examination rating errors may be corrected throughout the life of
the eligible list.
(c) Applicants whose examination ratings are changed shall be
notified.
(d) Changes in an examination rating shall not affect a certificate of
eligibles already issued or invalidate an appointment already
made from the eligible list, except that the appointment shall be
voided when a person is found within the probation period to have
failed the examination.
\[Eff. 07-01-02\] (Auth: HRS §76-17) (Imp: HRS §§76-17, 76-18)
3-9
§3-20 Custody and protection of examination materials.
(a) To protect the confidentiality of examination questions, review of
examination questions or materials prepared by the Department of
Human Resources, or obtained from other governmental
jurisdictions or private firms shall not be permitted.
(b) Technical material and all examination booklets used in the
preparation and rating of examinations given jointly by the
Department of Human Resources and any other organization, and
examinations prepared specifically for any organization, shall
remain the property of the Department of Human Resources and in
its custody when not needed for test administration or appeal
purposes by the organization.
(c) All examination material relating to a particular applicant or
applicants including but not limited to reports of character and
material regarding personal suitability of the applicant shall be
confidential.
(d) An appointing authority or authorized representative may inspect
the examination papers of eligibles whose names have been
certified to them for appointment. To preserve the confidential
character and sources of information and to protect against
dissemination of unfounded or unproved allegations, reports of
character, personal suitability, and other confidential information
shall be secured and held in strict confidence and will not be
made available for review by an appointing authority unless
specifically authorized by the director. An appointing authority or
authorized representative shall not disclose any materials or their
contents that they are permitted to review.
\[Eff. 07-01-02; am 03-01-15\] (Auth: HRS §76-17) (Imp: HRS §§76-17, 76-18)
§3-21 Records and reports of examinations.
(a) An examination record shall contain at least the following
information:
(1) Title and level of the examination;
(2) Dates of opening and closing for the receipt of applications;
(3) Training and experience requirements, if any;
(4) Number of applications received;
(5) Number of eligibles and ineligibles;
3-10
(6) Type of test administered and the minimum passing score
used.
(b) An examination record shall be maintained in accordance with
the record retention schedule established by the director and
approved by the Committee on the Destruction of Records.
\[Eff. 07-01-02\] (Auth: HRS §76-17) (Imp: HRS §§76-17, 76-18)
SUBCHAPTER 4
MEDICAL STANDARDS AND EXAMINATIONS
§3-22 Medical standards.
The director, with the advice and assistance of the County Physician, shall
adopt medical standards in order to:
(1) Ensure that persons seeking appointment in the civil service
system meet the health and physical requirements
necessary for the performance of the essential duties of the
position, with or without reasonable accommodation, and
without posing a direct threat to the health or safety of the
person or others;
(2) Ensure that each employee is able to perform the essential
duties of the employee's position satisfactorily with or without
reasonable accommodation, and without posing a direct
threat to the health or safety of the employee or others.
\[Eff. 07-01-02; am 03-01-15\] (Auth: HRS §76-17) (Imp: HRS §76-18, HCC §7-1.4)
§3-23 Kinds of medical examinations.
(a) Pre-entry medical examination. Pre-entry medical examinations
may be required after a job offer has been made and prior to an
initial appointment, including a temporary appointment that
exceeds eighty-nine days.
(b) Medical reevaluation. A medical reevaluation is a medical
examination to determine the health and physical capacities of
employees to perform the duties of their positions satisfactorily, with
or without reasonable accommodation, and without posing a
direct threat to the health or safety of themselves or others. Such
re-evaluation should be concerned only with the medical
conditions relating to the satisfactory performance of the essential
duties and with protecting the health, safety, and welfare of the
employees or the public.
3-11
(c) Drug screening. Prospective employees, regardless of the position
she/he will assume, may be required to demonstrate her/his
suitability for public employment by attesting that during the three-
year period immediately preceding the date of application for
employment, she/he was not convicted of any controlled
substance related offense. Prospective employees for a certain
limited number of positions may be required to pass a pre-
employment controlled substance drug test. A list of positions
requiring a pre-employment drug test is available from the County.
\[Eff. 07-01-02; am 03-01-15\] (Auth: HRS §76-17) (Imp: HRS §§76-18, 78-2.6)
§3-24 Administration of medical examinations.
(a) Medical examinations shall be administered by a licensed medical
doctor on such forms as may be prescribed by the director.
(b) If it is determined that an applicant does not meet the health and
physical requirements, reasons shall be given to the appointing
authority on forms prescribed by the director. The medical
examination forms shall also indicate the medical condition of
persons who otherwise meet the medical standards and are
capable of performing the essential duties of the class.
(c) The reports of the medical examination shall be filed with the
appointing authority.
\[Eff. 07-01-02; am 03-01-15\] (Auth: HRS §76-17) (Imp: HRS §76-18)
§3-25 Failure to meet the health and physical standards.
A person who fails to meet the health and physical standards for initial
appointment shall be rejected for employment by the appointing authority in
consultation with the director; provided, where the failure to meet health and
physical standards is because of a disability as defined by the Americans With
Disabilities Act (ADA) of 1990 and the ADA Amendments Act of 2008, the
appointing authority shall employ the person if the person otherwise satisfies the
requisite skill, experience, education, and other job-related requirements of the
position to which employment is sought, and who, with or without reasonable
accommodation, can perform the essential functions of the position without
posing a direct threat to the health or safety of the person or others.
\[Eff. 07-01-02; am 03-01-15\] (Auth: HRS §76-17) (Imp: HRS §76-18)
§3-26 Appeals against pre-entry medical examination results.
A person may appeal such decision by submitting an appeal in writing to
the Merit Appeals Board in accordance with §104-1.
\[Eff. 07-01-02\] (Auth: HRS §§76-14, 76-17) (Imp: HRS §§76-14, 76-18)
3-12
§3-27 Waiver of pre-entry medical examinations.
(a) An appointing authority may waive a pre-entry medical
examination when a person is appointed within six months from the
date of the person's last pre-entry medical examination. If a person
is appointed after six months but not later than twelve months from
the date of the person's last pre-entry medical examination, the
appointing authority may also waive the person from taking
another pre-entry medical examination prior to the appointment;
provided the person makes a written certification that the person
has not suffered any injury or illness since the person's last pre-entry
medical examination was approved by the County Physician.
(b) Where the appointing authority determines that the immediate
appointment is urgent and it is physically impossible for pre-entry
medical examinations to be completed prior to appointment, the
director may temporarily waive the pre-entry medical examination
requirement prior to appointment, provided that the pre-entry
medical examination must be taken within thirty days from the
date of such appointment.
\[Eff. 07-01-02; am 03-01-15\] (Auth: HRS §76-17) (Imp: HRS §76-18)
SUBCHAPTER 5
CERTIFICATION
§3-28 Types of lists.
The types of eligible lists to be used for certification of eligibles to an
appointing authority shall be as follows:
(a) Select priority list.
(1) Eligibles on the select priority list consists of civil service
employees who were discharged because of a work-injury
based on their written request to the director, provided they
are not totally and permanently disabled and have been
medically cleared for vocational rehabilitation;
(2) The written request to the director for select priority
placement must be made by the employee within six
months of being medically cleared to participate in the
vocational rehabilitation program. Employees who fail to
request select priority placement within six months of being
cleared for vocational rehabilitation, or who decline to
accept such select priority placement, shall be considered
to have waived their right to select priority placement and
3-13
shall be declared ineligible;
(3) Work-injured employees shall be placed on the select
priority list for classes of work for which they meet the
minimum qualification requirements and are capable of
performing the duties and which are at the same or lower
salary ranges as the position in which the injury was
sustained;
(4) When there is more than one eligible available and qualified
for a vacancy, all eligibles shall be certified on the basis of
the eligible’s availability for the geographic location;
(5) Where a select priority list is available, that list will be referred
to the appointing authority and other types of lists shall not
be combined with such list;
(6) In the case of non-civil service employees who were
employed temporarily, certification shall be to temporary
employment which is equivalent as far as practicable to the
temporary period for which the eligible was originally
appointed, but shall not extend past the scheduled not to
exceed date of their original temporary appointment.
(b) Recall list.
(1) A civil service employee who is laid off due to abolishment
of the position or lack of funds or work shall be placed on
the recall list upon written request to the director;
(2) The eligible shall be certified for positions in the class the
eligible last held permanent status or in a related class in the
same or lower pay range for which the eligible meets the
minimum qualification requirements;
(3) The eligible on the recall list shall be certified on the basis of
the eligible's availability for the geographic location and
duration of employment.
(c) Reemployment list.
(1) A person who submits a written request to the director shall
be placed on the reemployment list if any of the following
conditions are met:
(A) A civil service employee is reallocated downward or
demoted due to abolishment of position, lack of
funds or work, or for other reasons outside the
employee's control;
3-14
(B) A civil service employee is discharged due to a non-
work related injury and there is no other available
work which the employee is capable of performing;
(C) A civil service employee who resigned;
(D) A civil service employee who retired due to years of
service or disability;
(E) A former employee placed on the list by the Merit
Appeals Board or an arbitration decision upon
appeal of a dismissal.
(2) An eligible shall be certified for appointment to a position in
the class in which the eligible last held permanent status or in
a related class in the same or lower pay range for which the
eligible meets the minimum qualification requirements.
(3) An eligible shall be certified on the basis of the eligible's
availability for the geographic location and duration of
employment.
(d) Open-competitive list. An eligible on an open-competitive list shall
be certified on the basis of the eligible's examination rating and
availability for work location and duration of employment. Unless
the select priority list is used, certification of eligibles for each
vacancy in a department shall be in the order that they appear on
the eligible list before applying veterans’ preference; provided
that:
(1) Veterans whose examination scores, after addition of
applicable preference, are equal to or exceed the
examination score of the last eligible certified shall also be
certified;
(2) When the last eligible to be certified is one of two or more
eligibles who have identical examination scores, those two
or more eligibles shall be certified.
(e) Registration list. Persons on a registration list are eligibles who meet
the minimum qualification and employment requirements for the
designated unskilled class of work.
(f) Internal list. Persons on an internal list are civil service employees
who meet the internal recruitment and minimum qualification
requirements for the designated class of work.
\[Eff. 07-01-02; am 03-01-15, am 05/17/18\] (Auth: HRS §76-17)
3-15
(Imp: HRS §76-18)
§3-29 Duration of eligibility.
(a) Select priority list. Persons on the select priority list shall be eligible
for employment consideration until they secure new employment
or are no longer available or suitable for employment.
(b) Recall list. Persons on the recall list shall remain on the list until
placed.
(c) Reemployment list. Persons on the reemployment list shall remain
on the list for three years from the date any of the conditions in rule
§3-28(c)(1) are met.
(d) Open-competitive list. An eligible on an open-competitive eligible
list shall remain on the list for a minimum of six months from the date
the list is established or until the list is depleted or expired,
whichever occurs first. The eligibility period may be extended at
the discretion of the director.
(e) Registration list. An eligible on a registration list for a designated
class of work shall remain on the list for a minimum of six months
from the date the list is established or until the list is depleted or
expired, whichever occurs first. The eligibility period may be
extended at the discretion of the director.
(f) Internal list. An eligible on an internal list shall remain on the list until
the vacancy for which the internal recruitment was conducted is
filled or until the list is depleted, whichever occurs first. For Fire and
Police uniformed internal lists that have expiration dates, the
internal list may be extended at the discretion of the director.
\[Eff. 07-01-02; am 03-01-15, am 05/17/18\] (Auth: HRS §76-17) (Imp: HRS §76-18)
§3-30 Certification of eligibles.
(a) Upon receipt of a request for a list of eligibles, the director shall
certify names from the available eligible list in accordance with this
section, except that civil service employees who resigned and are
on the reemployment list will be certified in addition to the eligibles
certified from an open-competitive or registration list.
(b) Unless more eligibles are otherwise requested by an appointing
authority, the number of eligibles referred from an open-
competitive list for one vacancy shall be the top five (5) names on
the open-competitive list based on their examination rating, their
availability for work location, and duration of employment,
including availability to work in a lower level class of work.
3-16
(c) If there are less than five names on the open-competitive list, the
director shall certify all of these eligibles to the appointing authority.
The appointing authority has the discretion to contact and
interview these eligibles and/or to request a new recruitment.
(d) All eligibles on a public safety registration list shall be referred to the
designated appointing authority. For non-public safety
positions, ten names on a registration list will be randomly
generated by the Department of Human Resources for each
vacancy based on the assigned district and duration of
employment and be referred to the appointing authority. If the
names are insufficient due to applicant non-availability, the
appointing authority may request for additional names to replace
those that are not interested or fail to respond.
(e) The director may also authorize certification under the following
conditions:
(1) An eligible whose name is restored to a list after discharge
for failing to successfully complete an initial probation
period, may be excepted from certification to the
department from which the person was discharged;
(2) If there is no eligible list for the designated class of work,
names may be certified from other related eligible lists in
order of rank;
(3) If there are less than five available eligibles on the list, the
director may certify names from other related eligible lists for
the same or related class in order of rank;
(4) An eligible certified and hired to a lower level related class
of work shall remain eligible on the list initially certified from;
(5) For a difficult-to-fill class of work, the director may
simultaneously certify names from eligible lists in the same
series.
(f) The director may certify names, when requested by an appointing
authority, of those individuals the appointing authority is
considering for a temporary appointment outside of the list and
who meet the minimum qualification requirements for the class of
work.
\[Eff. 07-01-02; am 03-01-15, am 05/17/18\] (Auth: HRS §76-17) (Imp: HRS §76-18)
§3-31 Order of eligible lists for certification.
3-17
The order of eligible lists to be used for certification shall be as follows:
(a) Select priority list;
(b) Recall list;
(c) Internal list;
(d) Reemployment list;
(e) Open-competitive list or registration list.
\[Eff. 07-01-02; am 03-01-15, am 05/17/18\] (Auth: HRS §§76-17, 386-142) (Imp: HRS
§§76-18, 78-1, 386-142)
§3-32 Selective certification.
(a) When a specific position requires distinctive or unique qualifications
in addition to the minimum qualification requirements of the class
of work, the appointing authority shall submit a request to the
director with the appropriate justification.
(b) Upon approval of the request, the director shall certify selectively
from the list those eligibles who possess the distinctive knowledge,
skills, and abilities for the particular position.
(c) The certification may be in the order of the eligible's current ranking
or of a new ranking as determined by the director.
\[Eff. 07-01-02\] (Auth: HRS §76-17) (Imp: HRS §76-18)
§3-33 Duration of certifications.
(a) A certificate of eligibles shall be effective for ninety days after the
date of certification.
(b) If no selection can be made by the appointing authority during this
period, the appointing authority may request an extension of the
certificate of eligibles by the director.
(c) If an individual separates from employment within three months
from the date the individual was first appointed, the appointing
authority may consider the following in filling the vacancy:
(1) Options available under the normal recruitment process
(see rule §3-3);
(2) Use the same certificate of eligibles as that from which the
3-18
selection was first made in considering the next best
qualified applicant even though the eligible list exists or may
have expired.
\[Eff. 07-01-02; am 07-10-03; am 03-01-15\] (Auth: HRS §76-17) (Imp: HRS §76-18)
§3-34 Suspension and termination of eligibility; restoration of eligibility.
(a) The director may suspend an eligible from employment
consideration for cause, including but not limited to the following:
(1) Refusal of a job interview or job offer on two separate
occasions for permanent employment under conditions that
the eligible had previously indicated availability for;
(2) Failure to reply to an appointing authority's inquiry regarding
a job interview on two separate occasions;
(3) Failure to submit an appointing authority’s pre-interview
application packet;
(4) Failure to pass an appointing authority’s criminal
background check for those positions required by law;
(5) Failure to report for or complete a pre-entry medical
examination and good cause is not shown;
(6) Failure to appear for or tests positive for drug screening or
breath alcohol testing for designated positions;
(7) Failure to report to work after appointment;
(8) Failure to meet the minimum requirements of the class of
work due to expired required license(s) and/or certificate(s);
(9) Failure to meet the health and physical standards of the
position selected for;
(10) An eligible is no longer available for employment;
(11) Further investigation of the eligible's suitability needs to be
conducted;
(12) An eligible is appointed to a temporary position; therefore,
the eligible shall be suspended for immediate temporary
vacancies of same duration.
(b) The director may restore an eligible for employment consideration
3-19
during the life of the list and upon written request of the eligible.
The director may do so under the following circumstances:
(1) A probationary employee who separates from employment
without delinquency or misconduct;
(2) An eligible who is currently available for employment;
(3) An eligible had been suspended because of required
expired license(s) and/or certificate(s) and such license(s)
and/or certificate(s) have been renewed and submitted to
the director;
(4) An eligible had been suspended because of correctable
health and physical reasons and currently meets health and
physical standards for the class of work.
\[Eff. 07-01-02; am 03-01-15, am 05/17/18\] (Auth: HRS §76-17) (Imp: HRS §§76-17,
76-29, 831-2)
§3-35 Termination of eligibility.
The director may terminate the eligibility of an eligible for cause, including
but not limited to:
(a) The person is found to be ineligible for appointment;
(b) The person is found to be unsuitable for employment;
(c) The person withdraws from consideration;
(d) The eligible demonstrates lack of interest in employment after
restoration to the list by refusing a job interview or job offer;
(e) Employment in a permanent civil service position following
certification from an eligible list for the position except as provided
in rule §3-39(f).
\[Eff. 07-01-02; am 03-01-15\] (Auth: HRS §76-17) (Imp: HRS §76-18)
§3-36 Cancellation of eligible lists.
The director may cancel an eligible list for good reason and shall notify all
affected eligibles of the cancellation.
\[Eff. 07-01-02\] (Auth: HRS §76-17) (Imp: HRS §76-18)
SUBCHAPTER 6
TYPES OF APPOINTMENTS
3-20
§3-37 Permanent appointment.
A permanent appointment is granted an employee under either one of
the following conditions:
(a) After satisfactorily completing a probation period in an
appointment without a limitation date in a permanent position.
(b) When specifically authorized by statute.
\[Eff. 07-01-02; am 03-01-15\] (Auth: HRS §76-17) (Imp: HRS §76-13)
§3-38 Probationary appointment.
(a) All civil service appointments which are at least the duration of the
initial probation period shall be filled by probationary appointment,
except as provided by these rules.
(b) Initial probation period. Initial probation period shall be utilized as
part of the examination process to determine the employee’s
fitness and ability for employment in the position and the civil
service.
(1) An employee must meet the performance requirements of
the position as measured by a formal performance appraisal
in order to successfully complete the initial probation period;
(2) Initial probation period shall be for a period of six months
provided the director may establish an initial probation
period of one year for certain classes of work when a longer
period is needed to adequately train and evaluate the
employee;
(3) The appointing authority may extend the probation period
upon written notification to the employee and the director
prior to the expiration of the probation period. Failure to
inform the employee in writing prior to the expiration date
shall result in the employee being granted a permanent
appointment by default. The appointing authority may
extend the initial probation period for any of the following
reasons:
(A) The employee's absence affects the appointing
authority's ability to evaluate the employee's
performance, provided the extension shall not
exceed the period of absence or combined periods
of absences;
3-21
(B) Regular seasonal work did not occur during a
probation period, provided the extension shall not
exceed six months;
(C) Further evaluation of the employee’s ability to
successfully perform the duties of the position is
required (for reasons other than the department’s
delay), provided the extension shall not exceed six
months;
(D) A final determination of the employee’s qualifications
(e.g., licenses, certificates, etc.) for employment has
not been made, provided the extension shall not
exceed six months.
(4) The period of temporary service in a civil service
appointment may be credited towards fulfilling the initial
probation period for the same position or another position in
the same class of work and department; if credited, the
employee shall serve only the remainder of the probation
period, if any, provided all of the following conditions are
met:
(A) The employee was selected from an eligible list when
appointed to the temporary position;
(B) The period of temporary service immediately
preceded the new appointment to the same or
related position;
(C) The appointing authority certifies that the employee
was performing satisfactorily and the employee's
duties are essentially similar to the duties that would
be performed during the initial probation period.
\[Eff.07-01-02; am 01-28-06; am 03-01-15\] (Auth: HRS §76-17) (Imp: HRS §76-27)
§3-39 Temporary appointment.
(a) With the approval of the director, a temporary appointment may
be made by an appointing authority to fill a temporary position, a
permanent position temporarily vacant for a specific period, or a
permanent vacancy in a permanent position.
(b) A temporary appointment shall be made from any of the options
available under rule §3-3, except rule §3-3(f).
(c) Whenever an appointing authority wishes to make a temporary
appointment to fill a temporary position or a permanent position
temporarily vacant for a specific period of time, the following shall
3-22
apply:
(1) If an eligible list is available:
(A) A position may be filled temporarily from the eligible
list for the duration of the vacancy. The director may
extend the temporary appointment upon receipt of
appropriate written justification from the appointing
authority.
(B) A temporary appointment outside of an eligible list
not to exceed eighty-nine days may be made with
approval from the director while the appointing
authority conducts the interview and selection
process to fill the position permanently from an
eligible list. The director may extend the temporary
appointment upon receipt of appropriate written
justification from the appointing authority.
(2) If an eligible list is not available and a recruitment is not
requested because the vacancy is anticipated to be of
short duration:
(A) A temporary appointment may be made for the
specific period of time needed to complete the
temporary work but not to exceed twelve months;
(B) The director may extend the temporary appointment
upon receipt of appropriate written justification from
the appointing authority, provided that the
incumbent who has return rights to the position is
unable to perform the position’s duties because of
health reasons, temporary assignment, or extension of
temporary promotion, demotion, or transfer;
(C) If an extension will exceed twelve months, the
appointing authority shall use the options listed in rule
§3-3, except rule §3-3(f), to fill the position temporarily
vacant.
(3) If an eligible list is not available and a recruitment is
requested:
3-23
(A) A temporary appointment may be made until the
director certifies names from an eligible list to the
appointing authority and not to exceed eighty-nine
days thereafter;
(B) A temporary appointment may be extended if a
recruitment does not produce a reasonable number
of qualified individuals for the appointing authority to
consider. Five qualified individuals shall constitute a
reasonable minimum number for a recruitment. The
appointing authority must submit justification to the
director when requesting a temporary appointment
extension as to the necessity of the extension when
there is a sufficient number of eligibles on an eligible
list.
(d) A temporary appointment may be made to temporarily fill a
permanent vacancy under the following conditions:
(1) If an eligible list is available:
(A) A temporary appointment from an eligible list not to
exceed eighty-nine days may be made with
approval from the director while an appointing
authority conducts the interview and selection
process to fill the position permanently from an
eligible list. The director may extend the temporary
appointment not to exceed eighty-nine days upon
receipt of appropriate written justification from the
appointing authority.
(B) A temporary appointment outside of an eligible list
not to exceed eighty-nine days may be made with
approval from the director while the appointing
authority conducts the interview and selection
process to fill the position permanently from an
eligible list. The director may extend the temporary
appointment not to exceed eighty-nine days upon
receipt of appropriate written justification from the
appointing authority.
(2) If an eligible list is not available:
(A) A temporary appointment may be made to the
3-24
appointing authority until such time that the director
certifies names from an eligible list and shall not
exceed eighty-nine days thereafter;
(B) For extenuating circumstances, the director may
extend the temporary appointment upon receipt of
appropriate written justification from the appointing
authority.
(3) For other extenuating circumstances:
(A) At the discretion of the appointing authority and with
approval from the director, a permanent position
may be filled on a temporary basis for good reason.
The director may extend the temporary appointment
upon receipt of appropriate written justification from
the appointing authority.
(e) All persons selected to fill temporary appointments must meet the
minimum qualification requirements of the position.
(f) The name of the person selected for a temporary appointment
made from an eligible list shall not be removed from the eligible list
because of such appointment.
\[Eff. 07-01-02; am 07-10-03; am 03-01-15, am 05/17/18\] (Auth: HRS §76-17) (Imp:
HRS §76-17)
§3-40 Persons ineligible for appointment.
The director may deem a person ineligible for an appointment in the civil
service for reasons including, but not limited to the following:
(a) Deception, fraud, or providing false or misleading statements of
material facts in the application or examination process;
(b) Unauthorized or improper assistance in an examination;
(c) A determination of unsuitability for employment;
(d) Termination or suspension from an eligible list.
\[Eff. 07-01-02; am 03-01-15\] (Auth: HRS §76-17) (Imp: HRS §78-2.6, 831-2)
SUBCHAPTER 7
MEMBERSHIP IN THE CIVIL SERVICE
3-25
§3-41 Membership in the civil service.
An individual acquires membership in the civil service upon successful
completion of an initial probation period and as provided by Hawai‘i Revised
Statutes, Section 76-27.
\[Eff. 07-01-02\] (Auth: HRS §76-17) (Imp: HRS §76-27)
3-26
RULES OF THE DEPARTMENT OF HUMAN RESOURCES
TITLE I - RULES OF THE DIRECTOR
CHAPTER 4
ADMINISTRATIVE REVIEW OF CLASSIFICATION AND INITIAL PRICING ACTIONS
§4-1 Purpose
Subchapter 1 Administrative Review of Classification Actions
§4-2 Administrative review of classification actions
§4-3 (Reserved)
§4-4 (Reserved)
§4-5 (Reserved)
Subchapter 2 Administrative Review of Initial Pricing Actions
§4-6 Administrative review of initial pricing actions
§4-7 (Reserved)
§4-8 (Reserved)
§4-9 (Reserved)
§4-1 Purpose.
The purpose of this chapter is to provide a process of administrative
review of classification and initial pricing actions.
\[Eff. \[07-01-02\] (Auth: HRS §76-13.5) (Imp: HRS §76-13.5)
SUBCHAPTER 1
ADMINISTRATIVE REVIEW OF CLASSIFICATION ACTIONS
§4-2 Administrative review of classification actions.
(a) An administrative review is conducted by the director to re-
evaluate a classification action on a position. The review is
confined to the duties and responsibilities assigned to the position
at the time the position description was prepared, and which were
the basis for the classification action taken. Subsequent changes in
duties and responsibilities do not warrant an administrative review,
but must be reported on another revised position description and
submitted for a separate classification study and action.
4-1
(b) A request for an administrative review may be made by an
incumbent of the position or the appointing authority. The
incumbent or the appointing authority may have a representative
request the administrative review on their behalf.
(1) The request shall be made within twenty calendar days from
the date of the notice of the classification action that was
sent to the affected department;
(2) All requests for an administrative review must be in writing
and shall contain the specific reason(s) for disagreement
with the classification action taken by the director;
(3) The request shall state the action requested and
appropriate justification for the requested action;
(4) The request shall include any other requirements established
by the director;
(5) The director may, at the director's discretion, meet with the
requestor(s) for purposes of clarifying statements and data
submitted in the written request.
(c) Following the administrative review, the director shall take any
action deemed appropriate, which may include rescinding the
earlier action and taking a different classification action. The
affected appointing authority, the incumbent, and any designated
representative shall be notified in writing of the action taken.
§4-3 (Reserved)
§4-4 (Reserved)
§4-5 (Reserved)
\[Eff. 07-01-02; am 03-01-15\] (Auth: HRS §§76-12, 76-13, 76-13.5, 76-17) (Imp: HCC
§7-1.4; HRS §§76-12, 76-13, 76-13.5, 76-17)
4-2
SUBCHAPTER 2
ADMINISTRATIVE REVIEW OF INITIAL PRICING ACTIONS
§4-6 Administrative review of initial pricing actions.
(a) An administrative review is conducted by the director to re-
evaluate an initial pricing action on a new class. The review is
confined to the duties and responsibilities assigned to the
position(s) at the time the position description(s) were prepared,
and which were the basis for the initial pricing action taken.
Subsequent changes in duties and responsibilities do not warrant
an administrative review, but must be reported on another revised
position description and submitted for a separate classification
study and action.
(b) A request for an administrative review may be made by an
incumbent of the position or the appointing authority. The
incumbent or the appointing authority may have a representative
request the administrative review on their behalf.
(1) The request shall be filed in writing with the director within
twenty calendar days from the date of the notice of initial
pricing action that was sent to the affected appointing
authority;
(2) The request shall contain the specific reasons for
disagreement with the initial pricing action taken by the
director;
(3) The request shall state the pricing action requested along
with appropriate justification for the requested pricing
action;
(4) The request shall include any other requirements established
by the director;
(5) The director may, at the director's discretion, meet with the
requestor(s) for the purposes of clarifying statements and
data submitted in the written request.
(c) Following the administrative review, the director shall take any
action deemed appropriate, which may include rescinding the
earlier action and taking a different initial pricing action. The
affected appointing authority, the incumbent, and any designated
representative shall be notified in writing of the action taken.
§4-7 (Reserved)
4-3
§4-8 (Reserved)
§4-9 (Reserved)
\[Eff. 07-01-02; am 03-01-15\] (Auth: HRS §§76-12, 76-13, 76-13.5, 76-17) (Imp: HCC
§7-1.4; HRS §§76-12, 76-13, 76-13.5, 76-17)
4-4
RULES OF THE DEPARTMENT OF HUMAN RESOURCES
TITLE I - RULES OF THE DIRECTOR
CHAPTER 5
EXEMPTION FROM CIVIL SERVICE
§5-1 General provisions
§5-2 Authority to exempt
§5-1 General provisions.
(a) This chapter applies to those positions, and persons in those
positions, and persons providing personal services which are by
statute excepted from all or part of the provisions of the civil
service.
(b) All positions and persons in the exempt service are excluded from
the requirements of selection by merit competition and from civil
service status; however, all persons in the exempt service shall be
competent and be able to satisfactorily perform assigned duties
and responsibilities.
(c) Position classification and compensation requirements shall not be
applicable except as may be provided by statutes.
(d) Persons selected for exempt service shall meet the federal
authorization to work and state residency requirements.
\[Eff. 07-01-02; am 03-01-15\] (Auth: HRS §§76-17, 78-1) (Imp: HRS §§76-16, 76-17,
76-77, 78-1)
§5-2 Authority to exempt.
(a) The director shall exempt positions, persons, or personal services in
accordance with statute.
(b) The director may establish standards and procedures for the
exemption of positions.
(c) The director may revoke a previously authorized exemption when
the particular positions or services no longer meet the criteria or
condition for exemption. If the position is no longer exempt, the
director shall classify the position and the appointing authority shall
fill the vacant position in accordance with rule §3-3.
\[Eff. 07-01-02; am 07-10-03; am 03-01-15\] (Auth: HRS §76-17) (Imp: HRS §§76-16,
76-77)
5-1
RULES OF THE DEPARTMENT OF HUMAN RESOURCES
TITLE 1- RULES OF THE DIRECTOR
CHAPTER 6
INTERNAL COMPLAINT PROCEDURES
§6-1 Purpose
§6-2 Requirements
§6-1 Purpose.
The purpose of this chapter is to establish the requirements governing
internal complaint procedures.
\[Eff. 07-01-02; am 03-01-15\] (Auth: HRS §76-17) (Imp: HRS §76-42)
§6-2 Requirements.
The director shall promulgate uniform County-wide internal complaint
procedures in conformance with Hawai‘i Revised Statutes, Section 76-42.
\[Eff. 03-01-15\]
6-1
RULES OF THE DEPARTMENT OF HUMAN RESOURCES
TITLE 1- RULES OF THE DIRECTOR
CHAPTER 7
RESIGNATIONS
§7-1 Purpose
§7-2 Requirements
§7-1 Purpose.
The purpose of this chapter is to establish the requirements governing
employee resignations.
\[Eff. 07-01-02; am 03-01-15\] (Auth: HRS §76-17) (Imp: HRS §76-30)
§7-2 Requirements.
Resignations shall be in writing and in accordance with procedures for
separation from service promulgated by the director.
\[Eff. 07-01-02; am 03-01-15\]
7-1
RULES OF THE DEPARTMENT OF HUMAN RESOURCES
TITLE 1- RULES OF THE DIRECTOR
CHAPTER 8
LEAVE SHARING
§8-1 Purpose
§8-2 Applicability
§8-3 Administration of leave sharing program
§8-4 Leave sharing procedures; general provisions
§8-5 Direct share option
§8-6 Leave bank option
§8-7 Leave sharing donations; donors
§8-8 Leave sharing recipients
§8-9 Termination of shared leave
§8-10 Prohibited acts
§8-11 Termination of leave sharing program
§8-1 Purpose.
(a) The purpose of this chapter is to establish a leave sharing program
that allows employees to ease the burden of fellow employees
who would otherwise need to take time off from work without pay
to recover from a serious personal illness or injury.
(b) As used in this chapter a serious personal illness or injury is an acute,
traumatic, or life threatening illness, injury, or impairment that has
been certified by a physician, as defined under Hawai‘i Revised
Statutes, Section 386-1, as being totally incapacitating and the
cause of the employee's inability to work. Serious personal illness or
injury does not include minor surgeries, routine pregnancies, illness
due to colds or influenza, broken limbs and other non-critical
conditions.
\[Eff. 07-01-02; am 03-01-15\] (Auth: HRS §§76-17, 78-26) (Imp: HRS §§76-17, 78-26)
§8-2 Applicability.
This chapter shall apply to all employees who are entitled to earn and use
vacation leave credits.
\[Eff. 07-01-02\]
§8-3 Administration of leave sharing program.
The director shall administer the leave sharing program for the County.
\[Eff. 07-01-02\]
8-1
§8-4 Leave sharing procedures; general provisions.
(a) The director shall establish uniform procedures to administer the
leave sharing program for employees. The procedures shall be in
compliance with this chapter and shall minimally provide for the
following:
(1) A leave bank option and a direct share option to
encourage maximum participation in the leave sharing
program;
(2) A method for ensuring that all employees are informed of
the leave sharing program;
(3) The manner in which solicitation of donations is to be made;
(4) Standardized forms for use by employees to donate and
apply for shared leaves;
(5) An approval process that ensures fair treatment and
freedom from coercion and imposes no undue hardship on
operations;
(6) Written notification to the applicant within thirty days of
receipt of an application for shared leave on whether the
leave is approved or denied, in whole, or in part, and the
reason for denying any of the requested leave;
(7) An internal process for the handling of employee complaints
on the administration of the leave sharing program;
(8) Recordkeeping requirements to ensure that official leave
and attendance records are maintained for the leave
sharing program. Approved shared leave credits shall be
applied only to the absences following the thirty
consecutive calendar period referred to under rule §8-
8(a)(3).
(b) Each department shall submit reports on the administration of the
leave sharing program in the manner and form as may be
prescribed by the director.
\[Eff. 07-01-02; am 03-01-15\]
§8-5 Direct share option.
(a) This option shall allow eligible employees to donate shared leaves
to designated employees who are eligible recipients.
8-2
(b) The director shall authorize a representative or representatives to
administer the direct share option among employees.
(c) Authorized representatives shall ensure that donations to
designated recipients are in compliance with this chapter and
procedures established by the director.
\[Eff. 07-01-02\]
§8-6 Leave bank option.
(a) This option shall allow eligible employees to donate shared leaves
anonymously and allow eligible recipients to utilize shared leave
donations.
(b) The director shall appoint a review committee of at least three
members to administer the leave bank.
(c) The review committee shall accept donations and approve
recipient requests in compliance with this chapter and procedures
established by the director.
\[Eff. 07-01-02\]
§8-7 Leave sharing donations; donors.
(a) Employees shall be allowed to donate accumulated vacation
leave credits and shall not be allowed to donate accumulated sick
leave credits.
(b) To be eligible to donate shared leave credits, an employee must
meet the following conditions:
(1) Has not solicited nor accepted anything of value or
importance in exchange for the donations;
(2) Will have a vacation leave balance, after the donation is
made, of not less than ten days.
(c) Shared leave donations shall be irrevocable except that direct
share donations may be returned to donors when a leave recipient
is found to be ineligible for shared leave for any reason after shared
leave is granted as provided under rule §8-9.
(d) Direct share donations shall only be donated in eight-hour
increments. Leave bank donations may be donated in increments
of tenths of an hour.
\[Eff. 07-01-02\]
8-3
§8-8 Leave sharing recipients.
(a) To be eligible to receive shared leave credits, an employee must
meet all of the following conditions:
(1) Have been employed by the County for at least six
continuous months;
(2) Have exhausted or is about to exhaust all vacation leave,
sick leave, and compensatory time credits;
(3) Be suffering from a serious personal illness or injury which
caused the recipient to be absent from work for at least
thirty consecutive days within the past twelve months;
(4) Have a serious personal illness or injury which is not covered
under Hawai‘i Revised Statutes, Chapter 386, or, if covered,
have exhausted all benefits;
(5) Be determined ineligible for temporary disability insurance
benefits or, if eligible, have exhausted all benefits;
(6) Have no administrative record regarding irregular and/or
unreliable attendance or disciplinary record of sick leave
abuse within the past two years.
(b) An employee who is otherwise qualified need not have donated
leave to be eligible to receive shared leave.
(c) If an eligible recipient is incapable of applying for shared leave
credits, an authorized representative shall be permitted to apply on
the recipient's behalf.
(d) While using shared leave credits, the recipients shall continue to
earn sick leave and vacation leave credits.
\[Eff. 07-01-02; am 03-01-15\]
§8-9 Termination of shared leave.
(a) Approval of shared leave shall be discontinued or rescinded under
the following conditions:
(1) The leave recipient separates or is separated from service;
(2) The recipient no longer suffers from the serious personal
illness or injury for which the shared leave was approved;
8-4
(3) The recipient is found to be entitled to benefits under
Hawai‘i Revised Statutes, Chapter 386, or temporary
disability insurance benefits;
(4) The recipient did not meet all of the conditions for eligibility
under rule §8-8.
(b) The recipient shall be notified and furnished the reason, in writing,
whenever approval of shared leave has been terminated.
Adjustments shall be made to the recipient's compensation and
leave records, as appropriate, for any period during which the
shared leave has been terminated.
(c) All unused or rescinded shared leave credits shall be returned to
the leave bank, or for direct share donations, to the donor.
\[Eff. 07-01-02\]
§8-10 Prohibited acts.
An employee may not directly or indirectly intimidate, threaten, or coerce
any other employee for the purpose of interfering with any rights any other
employee may have with respect to donating, receiving, or using shared leave
under this program.
\[Eff. 07-01-02\]
§8-11 Termination of leave sharing program.
(a) With prior notification to all employees, the director may terminate
the leave sharing program.
(b) Any shared leave transferred to a recipient before the termination
of the leave sharing program shall remain available for use by the
recipient, except as provided in rule §8-9.
(c) Any unused shared leave remaining in the leave bank on the
termination date and any shared leave credits returned to the
leave bank after that date shall be considered forfeited.
(d) The leave bank shall be dissolved upon termination of the leave
sharing program.
\[Eff. 07-01-02\]
8-5
RULES OF THE DEPARTMENT OF HUMAN RESOURCES
TITLE I - RULES OF THE DIRECTOR
CHAPTER 9
EQUAL OPPORTUNITY
§9-1 Equal Opportunity
§9-2 Complaints
§9-1 Equal Opportunity.
(a) The County is an Equal Opportunity Provider and Employer. As an
Equal Opportunity Provider and Employer, the County follows and
adheres to all federal and state laws concerning non-discrimination
in the employment of individuals, and in its delivery of services to
the public, including accessibility to County buildings, properties,
and programs.
(b) Federal and state laws concerning non-discrimination include, but
are not limited to, the following:
(1) The Civil Rights Act of 1964, Titles VI and VII;
(2) The Equal Pay Act of 1963;
(3) The Americans with Disabilities Act, Title I, Title II, and Title V;
(4) The ADA Amendments Act of 2008;
(5) The Age Discrimination in Employment Act of 1967;
(6) The Age Discrimination Act of 1975;
(7) The Rehabilitation Act of 1973, Sections 503, 504;
(8) The Lily Ledbetter Fair Pay Act of 2009;
(9) Hawai‘i Revised Statutes, Chapter 378;
(10) The Genetic Information Non-Discrimination Act of 2008;
(11) The Pregnancy Discrimination Act of 1978.
\[Eff. 01-28-06; am 03-01-15\] (Auth: HRS §§76-1, 76-17) (Imp: HRS §§76-l, 76-17)
9-1
§9-2 Complaints.
(a) The director shall promulgate a complaint procedure by which an
individual may pursue an alleged violation, by the County, of any
federal or state law concerning non-discrimination in the
employment of individuals, or in the County's delivery of services to
the public, including accessibility of County buildings, properties,
and programs.
(b) The complaint procedure shall include use of a complaint form to
initiate any formal complaint.
(c) Copies of the complaint form shall be made available to the public
and County employees at the following locations:
Department of Human Resources Office of Management
101 Pauahi Street, Suite 2 74-5044 Ane Keohokālole Highway,
Hilo, Hawai‘i 96720-4224 Building C
Phone (808) 961-8361 Kailua-Kona, Hawai‘i 96740
Phone (808) 323-4444
\[Eff. 01-28-06; am 03-01-15\] (Auth: HRS §§76-l, 76-17) (Imp: HRS §§76-1, 76-17)
9-2
Dated this 12th day of November ,
2019.
By William V. Brilhante, Jr., Director
DATE OF PUBLIC HEARING: October 25, 2019
APPROVED:
1- t{ ILL NOV 2 61019
Harry Ki , r Date
APPROVED AS TO FORM AND LEGAL TY:
/ /4
ks11 / ,
j ORPORATIOrN COUNSEL Date
I hereby certify that the forgoing rule was received and filed in my office
this 4th day of December , 2019.
illik
0 NTY CLER