HAR §8-62-12. 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 proceeding. Official copies of decisions, orders, and other board actions may be certified under the signature of the chairperson or the chairperson’s designate. (c) All documents required to be filed with the board shall be filed in the office of the board in Honolulu, Hawaii, within the time limits as prescribed by the rules of the board, or by the order of the board. Requests for public information or the opportunity to inspect public records may be made to the board’s office. (d) The board may delegate to any competent and qualified individuals, 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 a hearings officer. The hearings officer shall hear the matter in the same manner as if it were before the board. Upon the conclusion of the hearing, the hearings officer shall transmit to the board a record of the hearing, including a recording or transcript and a summary of evidence taken at the hearing. After a review of the testimony and evidence, a majority of the members, two out of three members, to which the board is entitled shall render a decision. (f) The board may develop and promulgate procedures needed to carry out its functions. (g) No board member shall be held liable in any civil action for damage, injury, or loss caused by or resulting from the member’s performance or failure to perform any duty required or authorized to be performed by a person who holds the position to which the member was appointed, unless the member acted with a malicious or improper purpose, except when the plaintiff in a civil action is the department of education. [Eff 6/11/2010] (Auth: HRS §§302A-1112, 76-14, 76-47) (Imp: HRS §§76-14, 76-47, 26-35.5)