2024-08-12 Merit Appeals Board Minutes

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Merit Appeals Board August 12, 2024 MR. HALVORSON: Well, not their letter being dated decisionI mean, what are they sending to them? CHR. CABANAS: They're sending—if it's an internal complaint procedure of their right to file an appeal to MAB. MR. HALVORSON: Yeah. Their (inaudible) should be to the date of the decision. CHR. CABANAS: Okay. Because I've seen it where it says, "You have 20 calendar days following the date of receipt"—and that can be, like, another 15 days later that the person received their mail. MR. HALVORSON: Well, as I've mentioned, then you've got proof issues. MR. WISEMAN: Yeah. And CHR. CABANAS: So, it becomes the burden of the Board? Mr. Wiseman, you have a question? MR. WISEMAN: Madam Chair, yes, thank you. I agree with Counsel, it does open a can of worms. There's a lot of people who won't even sign for receipt of mail"I'm not accepting that, I'm not signing." And, if that's the language on the appeal notice, then it should be modified to read, "You have 20 days from the date of this decision" period. CHR. CABANAS: The decision. MR. WISEMAN: In court, in most—some court proceedingsI can't speak for Hawaii, but it's usually the first day starts the day after the date. CHR. CABANAS: Correct. MR. WISEMAN: Yeah, okay. CHR. CABANAS: Yeah, that's what (inaudible). MR. WISEMAN: But, in any event, it should be from the date of decision. And I'm surprised (inaudible) the Supreme Court mentioned because, as you know, (inaudible) the law has usually been general when you put something in the mailbox, it's considered mail that's goes back (inaudible). In any event, that's the date of decision. CHR. CABANAS: Okay. Thank you very much. So, Sommer, as the Director, can you ensure that the 23 departments are notified when they are sending their notices to individuals of their right to appeal to MAB, it's 20 calendar days from the date of the decision—and you can cite Rule 104-2. Page 9