HAR §8-62-2. Definitions

As used in this chapter: “Adverse action” means an involuntary separation from service, an involuntary demotion, involuntary transfer, a suspension without pay, a reduction in pay, or 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 a 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 8-62-33(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 the superintendent or designee having power to make appointments or changes in status of employees in the department of education. “Assistant superintendent” means the assistant superintendent for human resources. “Board” means the department of education merit appeals board. ”Chairperson” means the chairperson of the board. “Civil service employee” means an employee who meets all requirements for membership in the civil service. “Classification” means the assignment of a civil service position to a class of work. “Day” means a calendar day unless otherwise specified. “Employee” means a person holding a position in the service of the department of education, 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. “Employer” means the department of education, and any individual who represents or acts in the interest of the department in dealing with public employees in the department of education. “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 periods, in-basket assessments, biodata assessments, personality measures, and assessment center evaluations. “Ex parte communications” means private communications or arguments with members of the board or the presiding officer as to the merits of a proceeding that could be construed as influencing the outcome of the case. “Hearing” means any proceeding governed by sections 76-14 and 76-47, Hawaii Revised Statutes. “Hearings officer” means a competent and qualified disinterested person appointed by the board to hear an appeal. “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 in order to make a decision or to deliberate toward a decision upon a matter over which the board has supervision, control, jurisdiction, or advisory power. “Meeting” means the convening of the board for which a quorum is required in order 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 department of education’s appellate body consisting of three members appointed by the superintendent for purposes of section 76-14, Hawaii Revised Statutes. The term of appointment of members and the appointment of a chairperson of the department of education merit appeals board are to be established by the superintendent. “Party” means each person or agency named or admitted as a party or properly seeking and entitled as of right to be admitted as a party in a proceeding. “Person” includes individuals, partnerships, corporations, associations, or public or private organizations of any character other than governmental agencies. “Presiding officer” with respect to proceeding means the chairperson and includes any member of the board designated as such, or other persons authorized by law, to conduct hearings. “Proceedings” means the board’s consideration of the relevant facts and applicable law and action thereupon with respect to a particular subject within the board’s jurisdiction, initiated by filing a submission or request or a board’s notice or order. It shall include proceedings involving adopting, amending or repealing any rule of the board, whether initiated by the board order or notice or petition of any interested person. [Eff 6/11/2010] (Auth: HRS §§302A-1112, 76-14, 76-47) (Imp: HRS §§76-14, 76-47)