Haw. Code R. § 8-63-3

Current through April, 2024
Section 8-63-3 - Definitions

As used in this chapter, unless the context indicates otherwise:

"Administrative review" means a reevaluation of a recruitment, examination, classification, reclassification, or initial pricing action in accordance with the provisions set forth in these rules, and in such policies, standards, guidelines, or procedures established by the assistant superintendent.

"Appointing authority" means the superintendent or designees having the power to make appointments, make changes in the status of employees, and take other actions as provided in these rules.

"Assistant superintendent" means the head of the department's office of human resources who assumes the duties of the director as provided in chapter 76, Hawaii Revised Statutes.

"Board" means the board of education.

"Calendar day" or "day" means a period that begins at midnight, Hawaii Standard Time, and ends twenty-four hours later at midnight, Hawaii Standard Time.

"Certificate of eligibles" means the official document through which eligibles are referred for employment consideration.

"Certification" means the process whereby the names of qualified persons on the eligible lists are referred to the appointing authority.

"Civil service appointment" means an appointment to a civil service position from an appropriate eligible list.

"Civil service employee" means an employee who has met all requirements for membership in the civil service under section 76-27, Hawaii Revised Statutes.

"Civil service law" means chapter 76, Hawaii Revised Statutes, as amended. Unless the context of a specific rule or these definitions clearly indicate otherwise, all terms used in this chapter shall have the same meaning as in the civil service law, and references to the "law" shall be taken to mean the civil service law.

"Civil service position" means a position within the department that is not exempt from civil service law and must be filled through civil service recruitment procedures based on merit.

"Civil service recruitment procedure" means the procedure for the competitive process by which an applicant is deemed qualified for civil service appointment.

"Civil service system" means the personnel system based on merit principles as specified in section 76-1, Hawaii Revised Statutes.

"Class or class of work" means a group of positions that reflect sufficiently similar duties and responsibilities such that the same title and pay range may apply to each position allocated to the class.

"Class specification" means the official document, approved by the assistant superintendent, providing a formalized summary of the nature and scope of duties and responsibilities, level of difficulty and authority, and minimum qualification requirements of a class.

"Classification" means the process of establishing an occupational framework and grouping positions on the basis of the kind and level of work and knowledge, skills, abilities, and qualifications required for performance of the work.

"Compensation plan" means the pay plan consisting of the assignment of classes in the classification systems to ranges in the appropriate salary schedules.

"Compensatory time-off" means the number of hours that an employee is scheduled to be absent from work as mutually agreed to with the employee's appointing authority when such absence is credited as compensatory time-off and charged against the employee's compensatory time credit.

"Compensatory time credit" means the number of hours of credit which an employee earns for overtime work, determined on the basis of one and one-half hours for each hour of overtime work.

"Competitive examination" means an examination from which an eligible list is established. The competitive examination may be open to the public who qualify for admission.

"Critical-to-fill" means:

(1) Positions so vital to the organization's mission such that the work cannot be assigned or assumed by other positions, and the inability to fill would significantly and adversely affect the organization's ability to accomplish its goals and objectives; or

(2) Positions providing direct services that must be performed because the health, safety, and welfare of the general public are involved.

"Department" means the department of education.

"Discharge" means an action taken by the assistant superintendent or appointing authority dismissing an employee for just cause.

"Earned rating" means the rating attained as a result of a competitor's qualification or performance or both in examination without credit for the points added through veteran's preference.

"Eligible" means a person whose name is on an eligible list.

"Eligible list" means a list of persons who have qualified for appointment to positions in a particular class.

"Examination" means an assessment method used to evaluate the knowledge, skills, and abilities of applicants for employment.

"Exempt employee" means a person who is appointed to and occupies a position exempted pursuant to section 76-16, Hawaii Revised Statutes or other law.

"Exemptions from civil service" means those positions, persons in those positions, and personal services exempted from civil service pursuant to section 76-16, Hawaii Revised Statutes or other law.

"Initial allocation" means the action taken on a new position to place it in a specific class on the basis of its duties, responsibilities, and minimum qualification requirements.

"Initial pricing" means the determination of the appropriate pay range and pay relationships for a new class based on appropriate factors.

"Initial probationary period" means the probation period required of a person entering the department's civil service system. It is also the final test of the person's fitness and ability for the position before acquiring civil service membership.

"Internal departmental competitive examination" means a competitive examination restricted to departmental civil service members.

"Layoff" means the release of an employee due to lack of work, lack of funds, or other legitimate reasons.

"Minimum qualification" or "minimum qualification requirements" means the minimum education, experience, knowledge, skills, abilities, licensing, and other special requirements essential for performance in a class of work or position.

"New probationary period" means a probationary period served by a civil service member as part of the examination process to determine the employee's fitness and ability for the new position.

"Non-civil service appointment" means an appointment to a civil service position made without the use of an eligible list.

"Open competitive examination" means a competitive examination conducted by the department or designated appointing authority that is open to all qualified employees who are civil service members and qualified applicants from the general public.

"Open-competitive list" means a list of persons who have been found to be qualified by an open-competitive examination for appointment in a particular class or series.

"Pay differential" means any additional compensation, in addition to the basic rate of pay, including but not limited to overtime, stand-by duty, compression differentials, lump sum pay, bonuses, recruitment and other financial incentives, awards, and other temporary differentials.

"Pay range" means the group of salary rates from minimum to maximum to which a class may be assigned as set forth in the salary schedules. Pay ranges among the different salary schedules are considered to be higher or lower than, or the same as the others on the basis of the maximum salary rate. In a salary schedule with single rate pay ranges, the single rate is considered the maximum rate of the range.

"Permanent appointment" means an appointment without a limitation date to a permanent position that allows the employee to become a civil service member.

"Permanent position" means a position without time limitation.

"Position description" means an official written description, approved by the appointing authority, of the duties and responsibilities assigned to and required of a specific position.

"Pricing" means the process of assigning classes to pay ranges based on appropriate factors.

"Probationary period" means a specified period which serves as the final test of an employee's qualifications for the position.

"Rating" means the score or measure of performance of an applicant in an examination.

"Reallocation" means the movement of a position from one class to another class.

"Reallocation downward" means the reallocation of a position to a class assigned to a lower pay range in the same salary schedule.

"Reallocation upward" means the reallocation of a position to a class assigned to a higher pay range in the same salary schedule.

"Reclassification" means a change in the class to which a position is allocated based on a change in the classification system.

"Recruitment" means the process of locating applicants for employment.

"Related class" means a class which requires substantially similar knowledge, skills, and abilities as another class.

"Repricing" means the reassignment of classes from one pay range to another in the same salary schedule based on appropriate factors.

"Resignation" means an action by an employee severing the employee's employment relationship.

"Salary schedule" means a table of pay rates and ranges as established through collective bargaining, by executive order, or as otherwise authorized by law.

"Select priority list" means a list composed of a former employee of the department who was released under the conditions covered by section 386-142, Hawaii Revised Statutes.

"Selective certification" means the process of certification that is limited to those persons possessing distinctive or unique knowledge, skills, abilities, and other characteristics deemed critical to the successful performance of the work of a specific position.

"Series of classes" means classes similar as to subject matter of work, but differing in level of difficulty, responsibility, and qualifications required.

"Sick leave" means a leave of absence with pay as authorized by law, because of illness or injury.

"Suitability" means fitness for employment after consideration of such factors as physical and mental ability, character, criminal history record, and employment record.

"Superintendent" means the superintendent of the department who assumes the duties of chief executive as provided in chapter 76, Hawaii Revised Statutes.

"Temporary assignment" means the assignment by the assistant superintendent or an appointing authority and the assumption, without a formal change in position, of all or a major portion of the significant duties and responsibilities of another position.

"Temporary reallocation" means the reallocation of a position because of emergency, unusual, or unique work situations for a period not to exceed six months, provided that the period may be extended for good reason for additional six-month periods with the prior approval of the assistant superintendent.

"Vacation" means a leave of absence with pay as authorized by law, granted at the request of an employee for the purpose of rest and relaxation or for the personal convenience of the employee and calculated as required by law and this chapter.

"Voluntary demotion" means a demotion requested by an employee and approved by the assistant superintendent and the appointing authorities concerned.

"Week" means a period of seven consecutive calendar days, beginning on Sunday and ending seven days later on Saturday.

Haw. Code R. § 8-63-3

[Eff JUN 29 2012 ] (Auth: HRS §§ 302A-1112, 76-17) (Imp: HRS §§ 76-11, 76-17, 386-142)