Chapters 21-25 – MAB Rules

DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT
Adoption of Chapter 21.1
Hawaii Administrative Rules
September 5, 2003
SUMMARY
Subtitle 2.1 of Title 14, Hawaii Administrative Rules,
entititled “Rules of Practice and Procedure State Merit
Appeals Board,” consisting of chapters 14-21.1, 14-22.1,
14-23.1, 14-24.1, and 14-25.1 is a adopted.

§14-21.1-1
21.1-1
HAWAII ADMINISTRATIVE RULES
TITLE 14
DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT
SUBTITLE 2.1
RULES OF PRACTICE AND PROCEDURE
STATE MERIT APPEALS BOARD
CHAPTER 21.1
GENERAL APPLICABILITY
§14-21.1-1 	Purpose
§14-21.1-2 	Construction of rules
§14-21.1-3 	Limitation of jurisdiction
§14-21.1-4 	Procedure and terms
§14-21.1-5 	Definitions
§14-21.1-6 	Merit appeals board office
§14-21.1-7 	Meetings
§14-21.1-8 	Minutes
§14-21.1-9 	Hearings
§14-21.1-10 	Quorum and number of votes
necessary to validate acts
§14-21.1-11 	Administration
§14-21.1-12 	Public records
Historical Note: 	Chapter 21.1 of Title 14 is based
substantially upon Part I of the State civil service
commission rules of practice and procedure.
[Eff 6/26/78; R July 9, 1981]
§14-21.1-1 	Purpose. 	The rules in this part
govern practice and procedure before the merit appeals
board of the State under the civil service laws,
chapter 76, Hawaii Revised Statutes, as provided for
under chapters 91 and 92, Hawaii Revised Statutes.
[Eff 	] (Auth: HRS §91-2) (Imp: 	HRS
§91-2)

§14-21.1-2
21.1-2
§14-21.1-2 	Construction of rules. 	The board
shall construe these rules liberally to secure the just
and speedy determination of every proceeding.
[Eff 	] (Auth: 	HRS §91-2) (Imp: 	HRS
§91-2)
§14-21.1-3 	Limitation of jurisdiction. 	(a)
Where the terms of collective bargaining agreements
pursuant to chapter 89, Hawaii Revised Statutes,
conflict with these rules, the terms of the agreements
shall prevail; provided that the terms are not
inconsistent with section 89-9(d), Hawaii Revised
Statutes.
(b) 	The board shall defer action on an appeal, if
there is controversy on whether the matter is within
its jurisdiction or that of the Hawaii labor relations
board. 	The Hawaii labor relations board shall
determine which of these boards has jurisdiction in the
appeal.
(c) 	The board shall not act on an appeal if the
action complained of constitutes a prohibited act that
is subject to the jurisdiction of another appellate
body or administrative agency or the grievance
procedure under a collective bargaining agreement.
(d) 	The board requires that all internal
complaint procedures, including administrative reviews
and departmental complaint procedures, have been
exhausted before an appeal shall be accepted by the
board. 	[Eff 	] (Auth: 	HRS §91-2) (Imp:
HRS §91-2, 76-14)
§14-21.1-4 	Procedure and terms. 	(a) 	The terms
used in rules promulgated by the board pursuant to
powers granted by statute shall have the meaning
defined by statute, unless the context otherwise
specifically requires.
(b) 	A rule that defines a term without express
reference to the statute or to these rules or to a
portion thereof, defines the term for all purposes as
used both in the statute and in these rules, unless the
context otherwise specifically requires.
(c) 	Words indicating the singular number may be

§14-21.1-5
21.1-3
extended and applied to several persons or things;
words indicating the plural may include the singular;
and words indicating the masculine gender may be
applied to females. 	[Eff 	] (Auth: 	HRS
§91-2) (Imp: 	HRS §91-2)
§14-21.1-5 	Definitions. 	As used in these
chapters:
“Adverse action,” as used in section 14-25.1-
1(b)(4)(B), means an involuntary separation from
service, an involuntary demotion, involuntary transfer,
a suspension without pay, a reduction in pay, or a
denial or delay of a standard pay adjustment. 	Adverse
action does not include a notice to improve
performance, a performance improvement period, or a
return to the employee’s former position or comparable
position as required by law because of failure to
successfully complete a new probationary period.
“Aggrieved,” means an individual who has suffered
a loss such as the denial of some personal or property
right. 	As used in section §14-25.1-1(b)(1), concerning
examination appeals, it includes, in addition to other
examination issues, a person whose application has been
rejected for failure to meet the qualification
requirements for a class, a person who has been
terminated during an initial probationary period for
failure to successfully complete an initial
probationary period, and a person whose non-selection
involved improprieties.
“Appointing authority” means a department head or
designee having the power to make appointments or
changes in the status of employees in the State.
“Board” means the merit appeals board of the
State.
“Chairperson” means the chairperson of the merit
appeals board.
“Civil service employee” means an employee who has
met all requirements for membership in the civil
service under section 76-27, Hawaii Revised Statutes.
“Classification” means the assignment of a civil
service position to a class of work.
“Day” means a calendar day unless otherwise
specified.

§14-21.1-5
21.1-4
“Director” means the director of the department of
human resources development of the State.
“Employee” means any person holding a State
position, irrespective of the type of position or
appointment.
“Employer” means the governor, and any individual
who represents or acts in the interest of the governor
in dealing with public employees in the State.
“Examination” means any test or accepted personnel
assessment technique used to measure the fitness and
ability of applicants for employment which may include
but is not limited to: 	written tests, oral tests,
interviews, essays, tests of physical fitness or
ability, medical examinations, performance tests,
training and experience evaluations, background and
suitability determinations, probation period, in-basket
assessment, biodata assessments, personality measures
and assessment centers.
“Hearing” means any proceeding under the
jurisdiction of the board that is governed by sections
76-14, 76-41, 76-46, 76-47, 91-8, and 91-9, Hawaii
Revised Statutes.
“Hearing officer” means a competent and qualified
disinterested person appointed by the board to hear an
appeal in the same manner as if it were before the
board and, upon conclusion of the hearing, report in
writing the findings of fact with conclusions and
recommendations for the board’s final decision.
“Initial pricing” means the determination of the
appropriate pay range and pay relationships for a new
class based on appropriate factors.
“Mediation” means the process whereby a neutral
third party or “mediator” is authorized to assist the
parties in voluntary resolution of a complaint.
“Meeting” means the convening of the board for
which a quorum is required to make a decision or to
deliberate toward a decision upon a matter over which
the board has supervision, control, jurisdiction, or
advisory power.
“Merit appeals board” means the State's appellate
body for purposes of section 76-14, Hawaii Revised
Statutes.
“Party” means each person or agency named or
admitted as a party or properly seeking and entitled as

§14-21.1-7
21.1-5
of right to be admitted as a party in a proceeding.
“Presiding officer” with respect to proceedings
means the chairperson and includes any member of the
board designated as such, or other persons authorized
by law, to conduct hearings.
“Person” includes individuals, partnerships,
corporations, associations, or public or private
organizations of any character other than governmental
agencies.
“Proceedings” means the board's elucidation of the
relevant facts and applicable law, consideration
thereof, and action thereupon with respect to a
particular subject within the board's jurisdiction,
initiated by a filing or submittal or request or a
board's notice or order. 	It shall include proceedings
involving the adoption, amendment or repeal of any rule
of the board, whether initiated by board order or
notice or petition of any interested person.
[Eff 	] (Auth: 	HRS §91-2) (Imp: 	HRS
§91-2)
§14-21.1-6 	Merit appeals board office. 	The
address and office hours of the board will be published
in merit appeals board procedures.
[Eff 	] (Auth: 	HRS §91-2) (Imp: 	HRS
§§80-l, 91-2)
§14-21.1-7 	Meetings. 	The board may meet and
exercise its powers in any part of the State. 	The
following governs meetings before the board, but shall
not apply to adjudicatory functions exercised by the
board and governed by the Hawaii Revised Statutes.
(1) 	All meetings of the board, except executive
meetings governed by section 92-4, Hawaii
Revised Statutes, and meetings governed by
section 92-5, Hawaii Revised Statutes, shall
be open to the public.
(2) 	The board may hold an executive meeting
closed to the public upon an affirmative
vote, taken at an open meeting, of a majority
of the members present. 	A meeting closed to
the public shall be limited to matters

§14-21.1-7
21.1-6
exempted by section 92-5, Hawaii Revised
Statutes.
(3) 	The rules governing meetings shall not apply
to any chance meeting, as defined by section
92-2, Hawaii Revised Statutes, at which
matters relating to official business are not
discussed. 	No chance meeting or electronic
communication shall be used to circumvent the
spirit or requirements of the meeting
provisions to make a decision or to
deliberate toward a decision upon a matter
over which the board has supervision,
control, jurisdiction, or advisory power.
(4) 	For the purpose of minimizing travel and per
diem expenses, the board may use more cost
efficient means such as teleconferencing
which does not require all parties to convene
at a single site, whenever practicable, to
conduct its proceedings.
(5) 	Special meetings of the board for the
transaction of its business may be held at
any time and place as scheduled by the board.
(6) 	If the board finds that an imminent peril to
the public health, safety, or welfare
requires a meeting in less time than is
provided for in section 14-21.1-7(7), the
board may hold an emergency meeting provided:
(A) 	The board states in writing the reasons
for its findings;
(B) 	A majority of board members agree that
an emergency exists;
(C) 	An emergency agenda and the findings are
filed with the office of the lieutenant
governor and in the board's office; and
(D) 	Persons requesting notification pursuant
to section 14-21.1-7(7) are contacted by
mail or telephone as soon as
practicable.
(7) 	Requirements for notice for meetings are as
follows:
(A) 	The board shall give written public
notice of any regular, special, or
rescheduled meeting. 	The notice shall
include an agenda which lists all of the

§14-21.1-8
21.1-7
items to be considered at the
forthcoming meeting, the date, time and
place of the meeting.
(B) 	The board shall file the notice in the
office of the lieutenant governor and in
the board’s office for public inspection
at least six days before the meeting.
The notice shall also be posted at the
site of the meeting whenever feasible.
The board shall not add items to the
agenda, once filed, without a majority
recorded vote of all members to which
the board is entitled; provided that no
item shall be added to the agenda in
this manner if it is of reasonably major
importance and action thereon by the
board will affect a significant number
of persons.
(C) 	The board shall maintain a list of names
and addresses of persons who request
notification of meetings and shall mail
a copy of the notice to those persons at
their last recorded address no later
than the time the agenda is filed under
section 14-21.1-7(B).
[Eff 	] (Auth: 	HRS §91-2)
(Imp: 	HRS §§92-3, 92-3.1, 92-3.5, 92-4,
92-5, 92-7, 92-8)
§14-21.1-8 	Minutes. 	The board shall keep written
minutes of all meetings. 	Unless otherwise required by
law, neither a full transcript nor a recording of the
meeting is required, but the written minutes shall give
a true reflection of the matters discussed and the
views of the participants.
The minutes shall be public records and shall be
available within thirty days after the meeting except
where disclosure would be inconsistent with section
92-5, Hawaii Revised Statutes, provided that minutes of
executive meetings may be withheld so long as their
publication would defeat the lawful purpose of the
executive meeting, but no longer.
[Eff 	] (Auth: 	HRS §91-2) (Imp: 	HRS

§14-21.1-8
21.1-8
§92-9)
§14-21.1-9 	Hearings. 	In contested cases or as
otherwise provided by statute or these rules, all
parties shall be afforded an opportunity for hearing
after reasonable notice. 	The notice shall include a
statement of:
(1) 	The date, time, place, and nature of the
hearing;
(2) 	The legal authority under which the hearing
is to be held;
(3) 	The particular sections of the statutes and
rules involved;
(4) 	An explicit statement in plain language of
the issues involved and the facts alleged by
the party in support thereof; provided that
if the party is unable to state the issues
and facts in detail when the notice is
served, the initial notice may be limited to
a statement of the issues involved; and
(5) 	The fact that the appealing party may retain
counsel at its own expense if the party so
desires. 	[Eff 	] (Auth: 	HRS
§91- 2) (Imp: 	HRS §91-9)
§14-21.1-10 	Quorum and number of votes necessary
to validate acts. 	A majority of all members to which
the board is entitled shall constitute a quorum to
transact business, and the concurrence of a majority of
all members to which the board is entitled shall be
necessary to make valid any action of the board.
[Eff 	] (Auth: HRS §91-2) (Imp: HRS
§§92-3, 92-3.5, 92-4, 92-5, 92-8)
§14-21.1-11 	Administration. 	(a) The chairperson
of the board shall be responsible for the
administrative functions of the board.
(b) 	All decisions, orders, and other actions of
the board shall be authenticated or signed by the board
members acting in the proceeding or by the chairperson
upon delegation by the board members acting in the

§14-21.1-12
21.1-9
proceeding. 	Official copies of decisions, orders, and
other board actions may be promulgated under the
signature of the chairperson of the board or the
chairperson's designee.
(c) 	All documents required to be filed with the
board shall be filed in the office of the board at
Honolulu, Hawaii, within the time limits prescribed by
law, rules of the board, or order of the board.
Requests for public information, copies of official
documents or opportunity to inspect public records may
be made in writing to, or in person at, the board’s
office.
(d) 	The board may delegate to any competent and
qualified individual the power or authority vested in
the board as it deems reasonable and proper to carry
out its functions as prescribed by chapter 76, Hawaii
Revised Statutes, except the power to make, amend or
repeal rules.
(e) 	The board may, by written resolution adopted
by a majority of the members to which it is entitled,
appoint competent and qualified disinterested persons
to act as its hearing officer or panel of subject
matter experts. 	The board, at its discretion, may
designate the chairperson or one of its members to
serve as a hearing officer. 	The hearing officer or
panel of experts shall hear the matter in the same
manner as if it were before the board and, upon the
conclusion of the hearing, shall report the hearing
officer’s findings of fact and conclusions and
recommendations based thereon to the board. 	The board
shall provide each party to the proceeding the
opportunity to file exceptions and present argument to
the Board. 	After review of the whole record or those
portions cited by the parties, the board shall render a
decision in accordance with section 91-11, Hawaii
Revised Statutes.
(f) 	The board may develop and promulgate
procedures needed to carry out its functions.
[Eff 	] (Auth: 	HRS §91-2) (Imp: 	HRS
§§76-14, 76-47, 91-2)
§14-21.1-12 	Government records. 	(a) 	The term
"government records," as used in this chapter is

§14-21.1-12
21.1-10
defined in chapter 92-F, Hawaii Revised Statutes, and
shall include all rules, written statements of policy
or interpretations formulated, adopted or used by the
board, all complaints, opinions and orders, written
testimony, minutes of meetings of the board and any
other material on file in the board’s office unless
accorded confidential treatment pursuant to law or the
rules of the board.
(b) 	All government records shall be available for
inspection in the office of the merit appeals board,
Honolulu, Hawaii, during established office hours
unless public inspection of the records is in violation
of any state or federal law; provided that, except
where the records are open under any rule of court, the
Office of Information Practices may determine which
records may be withheld from public inspection when the
records pertain to the preparation of the prosecution
or defense of any action or proceeding, before its
commencement, to which the board, the State or any
governmental agency or subdivision is or may be a
party, or when the records do not relate to a matter in
violation of law and are deemed necessary for the
protection of the character or reputation of any
person.
(c) 	Government records printed or reproduced by
the board shall be given to any person requesting the
same and paying the fees established by the board or by
section 92-21, Hawaii Revised Statutes.
(d) 	Requests for public information, for
permission to inspect government records or for copies
of government records shall be handled within a
reasonable period of time, as determined by the board
and as required by law. 	Any material with respect to
the board will not be released without the approval of
the chairperson or the chairperson's designee.
[Eff 	] (Auth: 	HRS §91-2) (Imp: 	HRS
§§91-2,91-2.5, 92-9, 92-21, 92F)

§14-22.1-1
22.1-1
HAWAII ADMINISTRATIVE RULES
TITLE 14
DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT
SUBTITLE 2.1
RULES OF PRACTICE AND PROCEDURE
STATE MERIT APPEALS BOARD
CHAPTER 22.1
PROCEEDINGS BEFORE THE BOARD
§14-22.1-1 	General provisions
§14-22.1-2 	Appearances and practices before the
board
§14-22.1-3 	Disqualification of board member or
hearing officer
§14-22.1-4 	Consolidation
§14-22.1-5 	Filing of documents
§14-22.1-6 	Amendment of documents and dismissal
§14-22.1-7 	Retention of documents
§14-22.1-8 	Computation of time
§14-22.1-9 	Continuances or extensions of time
§14-22.1-10 	Service of process
§14-22.1-11 	Board decision
Historical Note: 	Chapter 22.1 of Title 14 is based
substantially upon Part II of the State civil service
commission rules of practice and procedure. 	[Eff
6/26/78; R July 9, 1981]
§14-22.1-1 	General provisions. 	(a) 	The board
may hold proceedings as it may deem necessary in the
performance of its duties or the formulation of its
rules.
(b) 	Procedures to be followed by the board shall
be those which will best serve the purpose of the
proceeding, as determined by the board.

§14-22.1-1
22.1-2
[Eff 	] (Auth: 	HRS §91-2) (Imp: HRS
§91-2)
§14-22.1-2 	Appearances and practices before the
board. 	(a) 	A person may appear in the person’s own
behalf; and a public employer may appear in its own
behalf or through a person or persons duly designated
and authorized by the employer.
(b) 	In any proceeding under these rules, any
person or public employer may be represented by counsel
or any other person to whom written or verbal authority
has been given.
(c) 	When an individual acting in a representative
capacity appears in person or signs a paper in practice
before the board, the personal appearance or signature
shall constitute a representation to the board that,
under these rules and the law, that person is
authorized and qualified to represent the particular
person. 	The board may at any time require any person
transacting business with the board in a representative
capacity to show that person's authority and
qualification to act as a representative.
(d) 	Limitations to appearances before the board
are as follows:
(1) 	No individual who has been associated with
the board as a member, officer, employee, or
counsel shall be permitted to appear before
the board as a representative of any party in
any proceeding or matter that the individual
has handled or passed upon while associated
with the board.
(2) 	No person or agency appearing before the
board in any proceeding or matter shall, in
relation thereto, knowingly accept assistance
from and compensate any individual who would
be barred by this subsection.
(3) 	No person who has been associated with the
board as a member, officer, employee, or
counsel shall be permitted to appear before
the board as a representative of any party in
any proceeding or matter that was pending
before the board at the time of that person's
association with the board, unless that

§14-22.1-5
22.1-3
person first obtains a written consent from
the board.
This subsection shall not apply to any individual
or agency that has terminated association with the
board for a period of one year. 	[Eff 	]
(Auth: 	HRS §91-2) (Imp: 	HRS §§91-2, 91-9, 76-47)
§14-22.1-3 	Disqualification of board member,
hearing officer or other staff. 	Any party to a hearing
may file an affidavit that one or more of the board
members, subject matter experts, legal counsels, or a
hearing officer has a personal bias or prejudice. 	The
affidavit shall state the facts and reasons for the
belief that bias or prejudice exists and shall be filed
at least five days before the hearing, or good cause
shall be shown for the failure to file it within that
time. 	The person against whom the affidavit is so
filed may answer the affidavit or may file a
disqualifying certificate with the board. 	If the
person chooses to answer the affidavit, the board shall
decide by a majority of all the members (or the
remaining members, where a board member is involved)
whether that person should be disqualified from
proceeding therein. 	Any person may file with the
chairperson a certificate providing that the person is
unable, for any reason, to participate with
impartiality in the pending hearing.
[Eff 	] (Auth: 	HRS §91-2) (Imp: 	HRS
§91-2)
§14-22.1-4 	Consolidation. 	The board, upon its
own initiative or upon motion, may consolidate two or
more appeals that involve substantially the same
parties or issues. 	[Eff 	] (Auth: 	HRS
§91-2) (Imp: 	HRS §91-2)
§14-22.1-5 	Filing of documents. 	(a) 	All
documents required to be filed with the board in any
proceeding shall be filed at the office of the board at
Honolulu, Hawaii, during normal working hours and
within the time limits prescribed by law, the rules of

§14-22.1-5
22.1-4
the board or by order of the board. 	The date on which
the papers are received shall be regarded as the date
of filing.
(b) 	Appeals shall identify the issue on appeal,
including a concise statement of the relevant facts,
and the remedy sought, including the rationale and
legal basis, as appropriate, for the remedy.
(c) 	All requests and appeals filed with the board
shall be handwritten, typewritten, photocopied, or
printed; shall be plainly legible; and shall be on
strong, durable paper no larger than 8-1/2 x 11" in
size, except that maps, charts, tables, and other like
documents may be larger, folded to the size of the
papers to which they are attached.
(d) 	The original of all documents must be signed
in indelible ink by the party or the party's duly
authorized agent. 	The signature of the person signing
the document constitutes a certification that the
person has read the document; that to the best of that
person's knowledge, information, and belief, every
statement contained therein is true and is not
misleading; and that it is not interposed for delay.
(e) 	Unless otherwise specifically provided by a
particular rule or order of the board, an original and
six copies of all papers shall be filed.
(f) 	All documents filed by any person or agency
in any proceeding shall state on the first page thereof
the name, mailing address, and telephone number, if
any, of the individual or individuals who may be served
with any documents filed in the proceeding.
[Eff 	] (Auth: 	HRS §§91-2, 91-6, 91-8)
(Imp: HRS §§91-2, 91-6, 91-8)
§14-22.1-6 	Amendment of documents and dismissal.
If any document filed in a proceeding is not in
substantial conformity with the applicable rules of the
board as to contents thereof, is not in compliance with
the procedures of the board, or is otherwise
insufficient, the board may, on its own motion or on
motion of any party, strike the document or require its
amendment. 	If amended, the document shall be effective
as of the date of receipt of the amendment.
[Eff 	] (Auth: 	HRS §§91-2, 91-6, 91-8)

§14-22.1-9
22.1-5
(Imp: 	HRS §§91-2, 91-6, 91-8)
§14-22.1-7 	Retention of documents. 	All documents
filed with or presented to the board shall be retained
in the files of the board as required by law and in
accordance with the State administrative requirements
in effect at that time. 	The board may permit the
withdrawal of original documents upon submission of
properly authenticated copies to replace the documents.
[Eff 	] (Auth: 	HRS §§91-2, 91-6, 91-8)
(Imp: 	HRS §§91-2, 91-6, 91-8)
§14-22.1-8 	Computation of time. 	In computing any
period of time prescribed or allowed by these rules,
the day of the act, event, or default, after which the
designated period of time is to run, is not to be
included. 	The last day of the period so computed is to
be included unless it is a Saturday, Sunday, or legal
holiday in the State, in which event the period runs
until the next day which is not a Saturday, a Sunday,
or a holiday. 	Intermediate Saturdays, Sundays, and
holidays shall not be included in a computation when
the period of time prescribed or allowed is ten days or
less. 	[Eff 	] (Auth: 	HRS §91-2) (Imp:
HRS §§76-47, 91-2)
§14-22.1-9 	Continuances or extensions of time.
(a) 	Whenever a person or agency has a right or is
required to take action within a period prescribed or
allowed by these rules, the board may, upon motion and
the concurrence of a majority of all the members to
which the board is entitled, permit the act to be done
after expiration of the specified period if the
delinquency is shown to have been unavoidable and
excusable.
(b) 	The board may grant an extension of the usual
time limits contained in section 14-25.1-2 to refile an
appeal to those appellants whose timely appeal to the
civil service commission was not heard before its
expiration on June 30, 2002. 	[Eff 	]
(Auth: 	HRS §91-2) (Imp: 	HRS §§76-47, 91-2)

§14-22.1-10
22.1-6
§14-22.1-10 	Service of process. 	(a) 	The board
shall cause to be served all orders, notices, and other
papers issued by it, together with any other papers
that it is required by law to serve. 	All other papers
shall be served by the parties filing them.
(b) 	All papers served by either the board or any
party shall be served upon all parties or their
counsel. 	Any counsel entering an appearance after the
proceeding shall notify all other counsel then of
record and all parties not represented by counsel of
that fact.
(c) 	The final order, and any other paper required
to be served by the board upon the parties, shall be
served upon the parties and a copy shall be furnished
to any counsel of record.
(d) 	Service of papers shall be made personally
or, unless otherwise provided by law, by first-class
mail to the last known address.
(e) 	Service upon parties, other than the board,
shall be regarded as complete by mail upon deposit in
the United States mail, properly stamped, and properly
addressed to the parties involved.
[Eff 	] (Auth: 	HRS §91-2) (Imp: 	HRS
§91-2)
§14-22.1-11 	Board decision. 	All final orders,
opinions, or rulings entered by the board in the
proceeding shall be served upon the parties
participating in the proceeding by regular mail or
personal delivery by the board. 	The material shall be
available for inspection and copies thereof may be
obtained as provided under section 14-21.1-12.
[Eff 	] (Auth: 	HRS §91-2) (Imp: 	HRS
§§91-2, 91-12)

§14-23.1-1
23.1-1
HAWAII ADMINISTRATIVE RULES
TITLE 14
DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT
SUBTITLE 2.1
RULES OF PRACTICE AND PROCEDURE
STATE MERIT APPEALS BOARD
CHAPTER 23.1
RULES APPLICABLE TO RULEMAKING PROCEDURES
§14-23.1-1 	Initiation of rulemaking proceedings
§14-23.1-2 	Notice of public hearing
§14-23.1-3 	Conduct of hearing
§14-23.1-4 	Board action
§14-23.1-5 	Emergency rulemaking
§14-23.1-6 	Filing of rules
§14-23.1-7 	Taking effect of rules
§14-23.1-8 	Publication of rules
Historical Note: 	Chapter 23.1 of Title 14 is based
substantially upon Part III of the State civil service
commission rules of practice and procedure. 	[Eff
6/26/78; R July 9, 1981]
§14-23.1-1 	Initiation of rulemaking proceedings.
(a) 	The board may, at any time on its own motion,
initiate proceedings for the adoption, amendment or
repeal of any rule of the board. 	Procedures to be
followed in rulemaking shall be as set forth in rules
of the board and the applicable statutes.
(b) 	Any interested person or agency may petition
the board for the adoption, amendment, or repeal of any
rule of the board. 	Petitions for rulemaking filed with
the board will become matters of public record.
(1) 	Petitions for rulemaking shall conform to the
requirements of section 14-22.1-5 and shall

§14-23.1-1
23.1-2
contain: 	the name, address and telephone
number of each petitioner; the signature of
each petitioner; a draft or the substance of
the proposed rule or amendment or a
designation of the provisions the repeal of
which is desired; a statement of the
petitioner's interest in the subject matter;
and a statement of the reasons in support of
the proposed rule, amendment, or repeal. 	The
original and five copies of the petition and
other documents shall be filed with the
board.
(2) 	The board shall, within thirty days after the
filing of a petition for rulemaking, either
deny the petition or initiate public
rulemaking proceedings.
(3) 	Any petition that fails in material respect
to comply with the requirements of this
section or that fails to disclose sufficient
reasons to justify the institution of
rulemaking proceedings will not be considered
by the board. 	The board shall notify the
petitioner in writing of the denial, stating
the reasons therefor. 	Denial of a petition
shall not operate to prevent the board from
acting, on its own motion, on any matter
disclosed in the petition. 	Petitioner may
seek a review of the denial through the
circuit court pursuant to the chapter 91,
Hawaii Revised Statutes, and applicable rules
of court and statutes.
(4) 	If the board determines that the petition is
in order and that it discloses sufficient
reasons in support of the proposed rulemaking
to justify the institution of rulemaking
proceedings, the procedures to be followed
shall be as set forth in sections 14-23.1-3
through 14-23.1-6 and the applicable
statutes. 	[Eff 	] (Auth: 	HRS
§§91-2, 91-6) (Imp: 	HRS §§91-2, 91-3, 91-6)
§14-23.1-2 	Notice of public hearing. 	(a) 	When,
pursuant to a petition therefor or upon its own motion,

§14-23.1-3
23.1-3
the board proposes to adopt, amend, or repeal a rule, a
notice of proposed rulemaking shall be published in
accordance with existing rules or policies pertaining
to public notices and the notices shall also be mailed
to all persons or agencies that have made timely
written requests for advance notice of the board’s
rulemaking proceedings. 	All notices shall be published
at least thirty days before the date set for public
hearing.
(b) 	A notice of the proposed adoption, amendment,
or repeal of a rule shall include:
(1) 	A statement of the date, time, and place
where the public hearing will be held;
(2) 	Reference to the authority under which the
adoption, amendment, or repeal of a rule is
proposed;
(3) 	A statement of the substance of the proposed
rule. 	[Eff 	] (Auth: 	HRS
§91-2) 	(Imp: 	HRS §§91-3, 92-41)
§14-23.1-3 	Conduct of hearing. 	(a) 	The public
hearing for the adoption, amendment, or repeal of rules
shall be heard before the board and presided over by
the chairperson of the board or, in the chairperson's
absence, by another member designated by the board.
The hearing shall be conducted in a way as to afford
interested persons and agencies a reasonable
opportunity to offer testimony with respect to the
matters specified in the notice of hearing and so as to
obtain a clear and orderly record. 	The presiding
officer shall have authority to administer oaths or
affirmations and to take all other actions necessary to
the orderly conduct of the hearing.
(b) 	Each hearing shall be held at the time and
place set in the notice of hearing but may, at that
time and place, be continued by the presiding officer
from day to day or to a later date or to a different
place without notice other than the announcement
thereof at the hearing.
(c) 	At the commencement of the hearing, the
presiding officer shall read the notice of hearing and
shall then outline briefly the procedure to be
followed. 	Testimony shall then be received with

§14-23.1-3
23.1-4
respect to the matters specified in the notice of
hearing in the order the presiding officer shall
prescribe.
(d) 	All witnesses shall, before proceeding to
testify, state their name, address, and whom they
represent at the hearing, and shall give information
respecting their appearances as the presiding officer
may request. 	The presiding officer shall confine the
testimony to the matters for which the hearing has been
called but shall not apply the technical rules of
evidence. 	Every witness shall be subject to
questioning by the members of the board or by any other
representative of the board; cross-examination by
persons or agencies shall be permitted.
(e) 	All interested persons or agencies will be
afforded an opportunity to submit data, views, or
arguments, orally or in writing, that are relevant to
the matters specified in the notice of hearing. 	The
period for filing written comments or recommendations
may be extended beyond the hearing date by the
presiding officer for good cause. 	An original and four
copies are requested when submitting written comments,
recommendations, or replies.
(f) 	Unless otherwise specifically ordered by the
board, testimony given at the public hearing shall not
be reported verbatim. 	All supporting written
statements, maps, charts, tabulations, or similar data
offered in evidence at the hearing, and which are
deemed by the presiding officer to be authentic and
relevant, shall be received in evidence and made a part
of the record. 	Unless the presiding officer finds that
the furnishing of copies is impracticable, five copies
of the exhibits shall be submitted.
[Eff 	] (Auth: 	HRS §91-2) (Imp: 	HRS
§§91-3, 92-41)
§14-23.1-4 	Board action. 	The board will consider
all relevant comments and material of record before
taking final action in a rulemaking proceeding. 	Final
action should be taken within sixty days after the
final public hearing, or the expiration of any
extension period for submission of written comments or
recommendations. 	[Eff 	] (Auth: 	HRS

§14-23.1-7
23.1-5
§91-2) (Imp: 	HRS §91-3)
§14-23.1-5 	Emergency rulemaking. 	Notwithstanding
the foregoing rules, if the board finds that an
imminent peril to public health or safety requires
adoption, amendment, or repeal of a rule upon less than
twenty days notice of hearing, and states in writing
its reasons for that finding, it may proceed without
prior notice or hearing or upon abbreviated notice and
hearing as it finds practicable to adopt an emergency
rule. 	The board shall make an emergency rule known to
persons who will be affected by it by publication in
accordance with existing rules or policies pertaining
to public notices. 	[Eff 	] (Auth: 	HRS
§91-2) (Imp: 	HRS §91-3)
§14-23.1-6 	Filing of rules. 	The board, upon
adopting, amending or repealing a rule and approval by
the governor, shall file certified copies thereof with
the lieutenant governor, the legislative auditor and
the legislative reference bureau in accordance with the
requirements of sections 91-4, 91-4.1, and 91-4.2,
Hawaii Revised Statutes. 	[Eff 	] (Auth:
HRS §91-2) (Imp: 	HRS §§91-3, 91-4, 91-4.1, 91-4.2)
§14-23.1-7 	Taking effect of rules. 	Each rule
adopted, amended or repealed shall become effective ten
days after filing with the lieutenant governor. 	If a
later effective date is required by statute or
specified in the rule, the later date shall be the
effective date; provided that no rule shall specify an
effective date in excess of thirty days after the
filing of the rule with the lieutenant governor. 	An
emergency rule shall become effective upon filing with
the lieutenant governor for a period not exceeding one
hundred twenty days without renewal unless extended in
compliance with the provisions of subdivisions (1) and
(2) of section 91-4(b), Hawaii Revised Statutes.
[Eff 	] (Auth: 	HRS §91-2) (Imp: 	HRS
§§91-3, 91-4)

§14-23.1-8
23.1-6
§14-23.1-8 	Publication of rules. 	The board
shall, as soon as practicable, compile, index, print,
or otherwise make available all rules adopted by the
board and remaining in effect. 	[Eff 	]
(Auth: 	HRS §91-2) (Imp: 	HRS §91-5)

§14-24.1-1
24.1-1
HAWAII ADMINISTRATIVE RULES
TITLE 14
DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT
SUBTITLE 2.1
RULES OF PRACTICE AND PROCEDURE
STATE MERIT APPEALS BOARD
CHAPTER 24.1
RULES APPLICABLE TO DECLARATORY RULINGS
§14-24.1-1 	Petitions for declaratory rulings
§14-24.1-2 	Request for hearing
§14-24.1-3 	Applicability of order
§14-24.1-4 	Declaratory ruling on board’s
own motion
§14-24.1-5 	Refusal to issue declaratory order
Historical Note: 	Chapter 24.1 of Title 14 is based
substantially upon Part IV of the State Commission
Rules of Practice and Procedure. 	[Eff 6/26/78; R
July 9, 1981]
§14-24.1-1 	Petitions for declaratory rulings.
(a) 	On petition of an interested person or agency, the
board may issue a declaratory order as to the
applicability of any rule or order of the board.
(b) 	The petition shall be prepared in a manner
prescribed by the board and the original and five
copies thereof shall be filed with the board. 	The
petition shall conform to the requirements of section
14-22.1-5, and shall contain the name, address, and
telephone number of each petitioner; the signature of
each petitioner; a designation of the specific rule or
order in question, together with a statement of the
controversy or uncertainty involved; a statement of the
petitioner's interest in the subject matter, including

§14-24.1-1
24.1-2
the reasons for submission of the petition; a statement
of the petitioner's position or contention; and a
memorandum of authorities, containing a full discussion
of reasons and legal authorities, in support of the
position or contention.
(c) 	Within sixty days after the submission of a
petition for declaratory ruling, the board shall either
deny the petition in writing, stating the reasons for
the denial, or issue a declaratory order on the matters
contained in the petition, or set the matter for
hearing, as provided in section 14-24.1-2. 	If the
matter is set for hearing, the board shall render its
findings and decision within sixty days after the close
of that hearing.
(d) 	The board may, without notice or hearing,
dismiss a petition for declaratory ruling that fails in
material respect to comply with the requirements of
this part or for other reasons as determined by the
board. 	[Eff 	] (Auth: 	HRS §§91-2, 91-8)
(Imp: 	§91-8)
§14-24.1-2 	Request for hearing. 	The board will
usually act on a petition for a declaratory ruling
without conducting a hearing. 	Any petitioner or party
in interest who desires a hearing on a petition for a
declaratory ruling shall set forth in detail the
reasons why the matters alleged in the petition
together with supporting affidavits or other written
evidence and briefs or memoranda of legal authorities,
will not permit the fair and expeditious disposition of
the petition and, to the extent that the request for a
hearing is dependent upon factual assertion, shall
accompany the request by affidavit establishing facts.
The board may, in its discretion, order a hearing. 	In
the event a hearing is granted by the board, section
91-9, Hawaii Revised Statutes, shall govern the
proceedings. 	[Eff 	] (Auth: 	HRS §§91-2,
91-8) (Imp: 	HRS §91-8)
§14-24.1-3 	Applicability of order. 	An order
disposing of a petition shall be applicable only to the
factual situation described in the petition or set

§14-24.1-5
24.1-3
forth in the order. 	[Eff 	] (Auth: 	HRS
§§91-2, 91-8) (Imp: 	HRS §91-8)
§14-24.1-4 	Declaratory ruling on board’s own
motion. 	Notwithstanding the other provisions of this
chapter, the board may, on its own motion or upon
request but without notice or hearing, issue a
declaratory order to terminate a controversy or to
remove uncertainty. 	[Eff 	] (Auth: 	HRS
§§91-2, 91-8) (Imp: 	HRS §91-8)
§14-24.1-5 	Refusal to issue declaratory ruling.
The board may, for good cause, refuse to issue a
declaratory ruling with specific reasons for that
determination. 	Without limiting the generality of the
foregoing, the board may so refuse where:
(1) 	The question is speculative or purely
hypothetical and does not involve existing
facts, or facts that can be expected to exist
in the near future;
(2) 	The petitioner's interest is not of the type
that would give the petitioner standing to
maintain an action if the petitioner were to
seek judicial relief;
(3) 	The issuance of the declaratory ruling may
affect the interests of the board in a
litigation that is pending or may reasonably
be expected to arise; or
(4) 	The matter is not within the jurisdiction of
the board. 	[Eff 	] (Auth: 	HRS
§§91-2, 91-8) (Imp: 	HRS §91-8)

§14-25.1-1
25.1-1
HAWAII ADMINISTRATIVE RULES
TITLE 14
DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT
SUBTITLE 2.1
RULES OF PRACTICE AND PROCEDURE
STATE MERIT APPEALS BOARD
CHAPTER 25.1
RULES APPLICABLE TO APPEALS
§14-25.1-1 	Standing to appeal
§14-25.1-2 	Filing of appeal
§14-25.1-3 	Notice
§14-25.1-4 	Appeal hearing
Historical Note: 	Chapter 25.1 of Title 14 is based
substantially upon Part V of the State civil service
commission rules of practice and procedure. 	[Eff
6/26/78; R July 9, 1981]
§14-25.1-1 	Standing to appeal. 	(a) 	Only persons
who have exhausted the internal complaint procedures
identified in section 14-21.1-3(d) and whose appeal is
not barred by other provisions of section 14-21.1-3
shall have standing to file an appeal with the merit
appeals board.
(b) 	The merit appeals board shall decide appeals
from actions taken by the chief executive, the
director, an appointing authority, or a designee acting
on behalf of one of these individuals, as follows to:
(l) 	Recruitment and examination for civil service
positions. 	Any person suffering legal wrong
by that action or aggrieved by that action
may file an appeal. 	An employee serving an
initial probationary appointment who alleges
wrongful termination for failure to

§14-25.1-1
25.1-2
successfully complete the initial probation
period may also file an examination appeal;
(2) 	Classification and reclassification of a
civil service position. 	A civil service
employee occupying the position as of the
effective date of the classification action,
and any subsequent civil service employee in
the position up to the date of the notice of
final action, who has suffered a legal wrong
by that action may file a classification or
reclassification appeal;
(3) 	Initial pricing of a new class. 	A civil
service incumbent of a position in a new
class as of the effective date of the initial
pricing action may file an appeal if the
employee has suffered a legal wrong by that
action; and
(4) 	Other employment actions taken against civil
service employees who are excluded from
collective bargaining coverage under section
89-6, Hawaii Revised Statutes, if the
employee suffers a legal wrong by the action.
These actions include:
(A) 	disciplinary actions, such as
dismissals, demotions, and suspensions;
(B) 	adverse actions for failure to meet
performance requirements, such as
dismissals, demotions, or reduction in
pay; and
(C) 	other employment actions if the employee
suffers a legal wrong by the action.
(c) 	Appeals under this section shall be filed
within time limits and in the manner provided by rules
of the merit appeals board. 	[Eff 	]
(Auth: 	HRS §91-2) (Imp: 	HRS §§76-14, 76-42, 76-47)
§14-25.1-2 	Filing of appeal. 	(a) 	Any person who
has exhausted all internal complaint procedures and who
has standing to appeal shall appeal to the board in the
following manner:
(1) 	An appeal by an applicant on a recruitment,
examination, or suitability for employment
matter, or by an initial probationary
employee, who has been determined to have

§14-25.1-3
25.1-3
failed initial probation, shall be filed with
the merit appeals board within twenty days
from the date on the notification from the
director or appointing authority.
(2) 	An appeal by an employee on matters relating
to the classification and reclassification of
a particular position shall be filed with the
merit appeals board within thirty days after
the date of the notice of final action by the
director or appointing authority.
(3) 	An appeal by an employee on matters relating
to the initial pricing of classes shall be
filed with the merit appeals board within
thirty days after the date of the notice of
final action by the director.
(4) 	An appeal by an employee on an employment
action as provided by section 14-25.1-
1(b)(4), shall be filed with the merit
appeals board within thirty days after notice
of final action by the director or appointing
authority.
(b) 	Any appeal must be filed in the manner
prescribed by the board and in compliance with the
requirements specified in section 14-22.1-5.
[Eff 	] (Auth: 	HRS §91-2) (Imp: 	HRS
§§76-14, 76-42, 76-47)
§14-25.1-3 	Notice. 	All parties shall be given
written notice of hearing by registered or certified
mail with return receipt requested at least fifteen
days before the hearing. 	If service by registered or
certified mail is not made because of the refusal to
accept service or the board or its agents have been
unable to ascertain the address of the party after
reasonable and diligent inquiry, the notice of hearing
may be given to the party by publication at least once
in each of two successive weeks in accordance with
existing rules or policies pertaining to public
notices. 	The last published notice shall appear at
least fifteen days before the date of the hearing. 	The
notice shall conform with section 14-21.1-9.
[Eff 	] (Auth: 	HRS §91-2) (Imp: 	HRS
§§91-9, 91-9.5)

§14-25.1-4
25.1-4
§14-25.1-4 	Appeal hearing. 	(a) 	An appeal shall
be conducted as a contested case under chapter 91,
Hawaii Revised Statutes. 	The board shall order the
matter set for hearing. 	In any appeal, all parties
shall be afforded an opportunity for hearing after
reasonable notice. 	Opportunities shall be afforded all
parties to present evidence and argument on all issues
involved. 	Any procedure in a contested case may be
modified or waived by stipulation of the parties and
informal disposition may be made of any appeal by
stipulation, agreed settlement, consent order, or
default; provided that waiver of any procedure includes
procedural requirements of section 91-11, Hawaii
Revised Statutes.
(b) 	Hearings shall be held at the time and place
set forth in the notice of hearing, but may, at that
time and place, be continued from day to day or to a
later day or to a different place without notice other
than the announcement thereof by the presiding officer
or hearing officer at the hearing.
(c) 	The chairperson or hearing officer may grant
a continuance before the convening of a hearing,
provided:
(1) 	the party requesting the continuance must
submit a written request for the continuance,
stating the specific reasons for the request;
(2) 	the written request must be received by the
board no later than ten days after the
hearing notice is issued and not less than
ten days before the scheduled hearing date;
(3) 	the moving party must simultaneously serve a
copy of the continuance request on any other
party/parties;
(4) 	an opposing party must submit its objections
to the board and any other party/parties
within five days of the request for
continuance and not less than five days
before the scheduled hearing date;
(5) 	if the chairperson or hearing officer grants
the continuance, written notice of the
continuance and the reasons thereto shall be
provided to the parties;
(6) 	nothing herein shall prevent the chairperson
or the hearing officer from granting a
continuance where all parties are agreeable

§14-25.1-4
25.1-5
to the continuance. 	If an opposing party
fails to properly submit its objections, the
party shall be deemed agreeable to the
continuance; and
(7) 	when a continuance is granted under this
paragraph, notice of the new hearing date
shall be as prescribed by §14-25.1-3 of these
Rules.
(d) 	An application for subpoena requiring the
attendance of witnesses or the production of
documentary evidence from any place within the State at
any designated place or hearing shall be made in
writing to the board, and shall:
(1) 	specify the name of the witness or the
specific documents or data desired, and the
relevancy to the issues involved;
(2) 	be made no later than ten days after the
hearing notice is issued and not less than
ten days before the hearing, or ten days
before the date the attendance or production
is desired, as applicable; and
(3) 	be accompanied by a prepared subpoena.
If application is made at a later time, the board
may, in its discretion, issue subpoenas or continue the
hearing or any part thereof or both.
Once approved by the chairperson or the hearing
officer, the party requesting the subpoena shall be
responsible for serving the subpoena upon the person
identified in the subpoena.
Enforcement of the subpoenas issued and served
shall be by written application of any board member to
the circuit court.
Witnesses who are subpoenaed shall be paid the
same fees and mileage as are paid witnesses in the
circuit court of the State. 	Witness fees and mileage
shall be paid by the party at whose request the witness
appears.
Any fees associated with subpoenas shall be paid
by the party at whose request the subpoena is issued.
Fees shall be paid when a party is summoned or a
deposition is taken.
A motion to revoke or quash a subpoena shall be
filed with the board no later than five days after
service of the subpoena. 	The chairperson or hearing
officer shall have the discretion to revoke or quash a

§14-25.1-4
25.1-6
subpoena.
(e) 	Motions, including but not limited to motions
to dismiss a case and motions to limit the scope of
hearing, shall be filed with the board and served on
all other parties no later than ten days after the
hearing notice is issued and not less than ten days
before the hearing unless the chairperson or hearing
officer directs otherwise. 	These motions shall be made
to the board, shall briefly state the relief sought,
and shall be accompanied by affidavits or memoranda
setting forth the grounds upon which they are based.
Answering affidavits and memoranda, if any, shall be
filed with the board and served upon all other parties
no later than five days after the motion is filed and
not less than five days before the time of hearing,
unless the chairperson or hearing officer directs
otherwise.
(f) 	Appeals shall be heard before the board or a
hearing officer or panel of subject matter experts duly
appointed by the board.
(g) 	The chairperson shall preside over appeals
heard by the board itself. 	In the absence of the
chairperson, another member, designated by the board,
shall preside.
(h) 	If an appellant fails to appear in person at
the scheduled time and place for the hearing, the
appeal shall be dismissed with prejudice.
(i) 	The presiding officer at a proceeding shall
have authority to control the course of the hearing; to
hold conferences on which the parties have had notice,
for the settlement or simplification of issues; to
administer oaths and affirmations; to grant application
for and issue subpoenas; to take or cause depositions
to be taken; to rule upon offers of proof and receive
relevant evidence; to limit lines of questioning or
testimony that are irrelevant, immaterial, or
repetitious; to rule upon all objections, procedural
requests and motions that do not involve final
determination of proceedings; to dispose of any other
matter that normally and properly arises in the course
of the proceeding; and to take all other actions
authorized by chapters 76 and 91, Hawaii Revised
Statutes, rules of the board or by any other statute
that are deemed necessary to the orderly and just
conduct of the hearing.

§14-25.1-4
25.1-7
(j) 	No hearing officer, subject matter expert or
board member shall be assigned to serve in any
proceeding if that person would enjoy personal
enrichment in any matter or business involved in the
proceeding; is related within the first degree by blood
or marriage to any party to the proceeding; or has
participated in an investigation preceding the
institution of the proceeding or in a determination
that it should be instituted or in the development of
the evidence to be introduced therein.
(k) 	The record of the hearing shall be compiled
in conformance with section 91-9(e), Hawaii Revised
Statutes. 	The board will make provisions for recording
the testimony, but it shall not be necessary to
transcribe the record unless requested for purposes of
rehearing or court review. 	A copy of the record of a
hearing or any part thereof may be obtained as provided
under section 14-21.1-12.
(l) 	At the commencement of the hearing, the
presiding officer or hearing officer shall read the
notice of hearing and shall then outline briefly the
procedure to be followed. 	The procedure, unless
specifically prescribed in these rules or by the
chapter 91, Hawaii Revised Statutes, or by any other
applicable statute, shall be outlined as in the opinion
of the presiding officer or hearing officer will best
serve the purposes of the hearing without prejudice to
any party.
(m) 	Witnesses shall be placed under oath or
affirmation before testifying.
(n) 	All parties shall be given reasonable
opportunity to offer testimony with respect to the
matters relevant to the proceeding. 	All witnesses
shall, before proceeding to testify, state their name,
address, and whom they represent at the hearing and
shall give information respecting their appearances
relevant to the proceeding as the presiding officer or
hearing officer may request. 	The presiding officer or
hearing officer shall confine the testimony to the
matters for which the hearing has been called, but the
presiding officer or hearing officer need not apply the
technical rules of evidence except as required by
statute. 	Each witness shall be subject to questioning
by members of the board and by any representative of
the board. 	Each party shall have the right to submit

§14-25.1-4
25.1-8
rebuttal evidence and rebuttal arguments.
(o) 	The board or hearing officer shall take
notice of judicially recognizable facts and may take
notice of generally recognizable technical or
scientific facts within the board’s or hearing
officer's specialized knowledge when parties are given
notice before the hearing of the material and afforded
the opportunity to contest the facts so noticed.
(p) 	At the hearing, the presiding officer or
hearing officer may require the production of further
evidence upon any issue.
(q) 	Whenever the board determines that mediation
may result in a satisfactory resolution of an appeal,
may narrow the issues on appeal, or otherwise expedite
a decision, the board may require the parties to submit
the issues to mediation in accordance with the
provisions of section 76-47(d), Hawaii Revised
Statutes. 	In addition, the board may discuss the
issues with the parties and informally mediate any or
all of the issues involved.
(r) 	After all the evidence has been presented,
the board or hearing officer shall give the parties
opportunity to summarize. 	Within reasonable time after
final arguments have been completed and all requested
memoranda submitted, the board or hearing officer shall
bring the matter to a close.
(s) 	The board or hearing officer may permit
parties to file proposed findings and conclusions,
together with the reasons therefor at the close of the
hearing or within the time as is extended at the
discretion of the board or hearing officer. 	The
proposal shall be in writing and shall be limited to
references to the record and to the authorities relied
upon and shall not contain new information not already
reflected in the record. 	Copies thereof shall be
furnished to all parties.
(t) 	In appeals filed under section 14-25.1-
1(b)(4)(A), involving the suspension, discharge, or
demotion of a civil service employee, the employer
shall have the burden of proof.
In all other appeals, the charging party, in
asserting an improper action or a violation of the
statutes or rules, shall have the burden of proving
that statutory and regulatory requirements or proper
procedures were not followed by the director or

§14-25.1-4
25.1-9
appointing authority.
(u) 	In its action on appeals filed under sections
14-25.1-1(b)(1),(2),(3) and (4)(C), the board shall
generally confine itself to the issue of whether legal
requirements were met, rules were properly applied, and
appropriate procedures were followed, pursuant to
chapter 91. 	In the event the board finds that these
requirements were not met or appropriate procedures
were not followed, the board shall remand the case to
the director or the appointing authority and require
that the process and action be redone in accordance
with applicable requirements and procedures.
(v) 	In its actions on appeals filed under section
14-25.1-1(b)(2), the board shall not consider, in its
deliberation, the classes in other jurisdictions or the
classification of positions in other jurisdictions.
(w) 	In its action on appeals by a civil service
employee from adverse actions taken by the appointing
authority based on failure to meet performance
requirements, the board shall determine whether the
conditions listed in section 76-41(b), Hawaii Revised
Statutes, were met when determining whether or not the
action is with or without merit.
(x) 	In its action on an appeal by a civil service
employee who has been suspended, discharged, or
demoted, both the appealing employee and the appointing
authority shall have the right to be heard publicly,
present evidence, and be represented by counsel who
shall have the right to examine and cross-examine
witnesses. 	At the hearing, technical rules of evidence
shall not apply and the evidence shall be taken
stenographically or recorded by machine.
(1) 	If reasons for an action by the director or
appointing authority are not substantiated in
any material respect, the board shall order
that the employee be reinstated in the
employee's position, without loss of pay.
(2) 	If the reasons are substantiated or are only
partially substantiated, the board shall
sustain the action of the director or
appointing authority; provided that the board
may modify the action of the director or
appointing authority if it finds the
circumstances of the case so require and may
order the disposition of the case it may deem

§14-25.1-4
25.1-10
just provided that the disposition is
consistent with laws, rules, and policies.
(y) 	In conducting its business and rendering its
decision, the board shall serve as an appellate body
and shall not impinge on the authority of the director
in matters of policy, methodology, and administration.
All decisions and orders of the board shall be made in
accordance with personnel laws, rules, policies, and
practices, and accompanied by a technical explanation
of the decision or order. 	Every decision and order
adverse to a party to the proceeding, rendered by the
board, shall be in writing or stated in the record and
shall be accompanied by separate findings of fact and
conclusions of law. 	If any party to the proceeding has
filed proposed findings of fact, the board shall
incorporate in its decision a ruling upon each proposed
finding presented. 	The findings and decisions of the
board shall be final on all appeals, unless an appeal
is taken pursuant to section 91-14, Hawaii Revised
Statutes.
(z) 	The board shall, as soon as practicable and
unless otherwise stipulated by the parties, not later
than sixty days after the close of the hearing, notify
the parties to the proceeding of the decision and
order. 	Parties to the proceeding shall be notified by
delivering or mailing a certified copy of the decision
and order and any accompanying findings and conclusions
to each party or to the party's attorney of record.
(aa) Unauthorized ex parte communications are
defined as private communications or arguments with
members of the board or its hearing officer as to the
merits of a proceeding with a view towards influencing
the outcome of the case, except that the following
classes of ex parte communications shall not be
prohibited:
(1) 	Those which relate solely to matters which a
board member or hearing officer is authorized
by the board to dispose of on an ex parte
basis.
(2) 	Requests for information with respect to the
status of a proceeding.
(3) 	Those which all parties to the proceeding
agree or which the board has formally ruled
may be made on an ex parte basis.
(4) 	Those with representatives of any news media

§14-25.1-4
25.1-11
on matters intended to inform the general public.
(bb) The following additional requirements shall
apply to the board and its functions relating to
receiving and processing initial pricing appeals filed
under 14-25.1-1(b)(3):
(1) 	After the hearing, the board shall review the
facts presented, deliberate, and render a
decision which shall be in conformance with
the policies, standards and guidelines
governing initial pricing promulgated by the
director.
(2) 	In its deliberations, the board shall be
limited to consideration of classes in the
same bargaining unit. 	The board shall
consider only State classes, unless the basis
for the appeal alleges violation of the
provisions of section 76-1(5), Hawaii Revised
Statutes.
(3) 	Decisions on initial pricing appeals shall be
limited to the appropriate pay grade of the
class and cannot require a change in
bargaining unit for full implementation.
(4) 	All decisions of the board resulting in a
higher pay grade assignment shall be
retroactive to the date of the initial
pricing action of the director.
(5) 	If the evidence submitted indicates
significant changes have occurred in the work
of the position, the board shall remand the
case to the director for classification
review.
(6) 	The person filing the appeal has the burden
of proof.
(7) 	Substantial weight shall be given to the
technical determination of the director in
pricing the new class. 	[Eff 	]
(Auth: 	HRS §91-2) (Imp: 	HRS §§76-14, 76-42,
76-47, 91-9, 91-9.5, 91-10, 91-11)

25.1-12
DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT
Subtitle 2.1 of Title 14, Hawaii Administrative
Rules, consisting of chapters 14-21.1, 14-22.1, 14-
23.1, 14-24.1, and 14-25.1 on the Summary Page dated
September 5, 2003, was adopted on September 5, 2003
following a public hearing held on September 5, 2003,
after public notice was given in the Honolulu Star-
Bulletin, The Maui News, The Garden Island, the West
Hawaii Today, and the Hawaii Tribune-Herald on August
6, 2003.
The adoption of subtitle 2.1 shall take effect
ten days after filing with the Office of the
Lieutenant Governor.

25.1-13