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112 <br />(4) Other employment actions under Hawaii Revised Statutes, <br />Chapter 76, including disciplinary actions and adverse <br />actions for failure to meet performance requirements taken <br />against civil service employees who are excluded from <br />collective bargaining coverage under Hawaii Revised <br />Statutes §89-6. <br />(c) Any person suffering legal wrong by an action under subsection <br />(b) (1) or aggrieved by such action shall be entitled to appeal to <br />the Board. <br />(d) Any employee covered by Hawai'i Revised Statutes, Chapter 76, <br />suffering any legal wrong by an action under subsection (b) (2) or <br />(3) shall be entitled to appeal to the Board. <br />(e) Only employees covered by Hawai'i Revised Statutes, Chapter 76, <br />who are excluded from collective bargaining, suffering legal wrong <br />by an action under subsection (b) (4) shall be entitled to appeal to <br />the Board. <br />[Eff. 09/28/02; am ] (Auth: HRS §§76-47, 91-2) (Imp: HRS §§76-14, 76-47, <br />91-2) <br />§ 104-2 Filing of appeal. <br />(a) Appeals shall be filed within twenty days from the action giving rise <br />to the appeal; provided, if use of an internal complaint procedure <br />pursuant to Hawaii Revised Statutes §76-42 is required prior to filing <br />an appeal with the Board, the appeal to the Board shall be filed <br />within twenty days from a decision rendered at that step in the <br />internal complaint procedure immediately preceding the filing of <br />the appeal to the Board. Appeals from an administrative review <br />taken by the director under Title I of the Rules of the Department of <br />Human Resources shall be filed within twenty days from the <br />director's decision. <br />(b) All appeals shall be filed on an appeal form prescribed by the <br />Board. <br />(c) The appeal shall be filed at the Board's office. <br />[Eff. 09/28/02; am ] (Auth: HRS § § 76-47, 91-2) ( Imp: HRS § § 76-47, 91-2) <br />§ 104-3 Jurisdiction. <br />�--� (a) The Board shall not act on an appeal but shall defer to other <br />authority if the action complained of constitutes a prohibited act <br />