§76-53 Certification of payrolls. [Section repealed July 1, 2002. L 2000, c 253, §63.] (a) No state or county disbursing or auditing officer shall make, or approve, or take any part in making or approving, any payment for personal service to any person holding a position in the state service unless payroll certification has been made by the director of human resources development or the director's authorized agent that the person named therein has been appointed and employed in accordance with this chapter and the rules, regulations, and orders thereunder. The director may for proper cause withhold payroll certification for any position in the state or county service, as the case may be.

(b) Any citizen may maintain a suit to restrain a disbursing officer from making any payment in contravention of this part, or rule or order thereunder. Any sum paid contrary to this part or of any rule, regulation, or order thereunder may be recovered in an action maintained by any citizen from any officer who made, approved, or authorized the payment or who signed or counter-signed a voucher, payroll, check, or warrant for the payment or from the sureties on the official bond of the officer. All money recovered in any such action shall be paid into the state or county treasury, as the case may be.

(c) Any person appointed or employed in contravention of this part, or of any rule, regulation, or order thereunder who performs service for which the person is not paid may maintain an action against the officer or officers who purported so to appoint or employ the person to recover the agreed pay for the services or the reasonable value thereof if no pay is agreed upon. No officer shall be reimbursed at any time for any sum paid to the person on account of the services.

(d) If the director wrongfully withholds payroll certification for a position in the state service held by any employee, the employee may maintain a proceeding in the courts to compel the director to certify the payroll. [L 1955, c 274, pt of §1; RL 1955, §3-29; HRS §76-53; gen ch 1985; am L 1994, c 56, §21]