Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 10 - WORKERS COMPENSATION
Subchapter 3 - ADMINISTRATION
Section 12-10-77 - Filing of complaint

(a) Whenever a person has allegedly violated section 386-98, HRS, a written complaint, identifying the person charged and indicating the date and nature of the violation with related documentation, shall be filed with the director, provided that it is submitted within two years of the date of the alleged violation.

(b) The director shall send a copy of the complaint to the person against whom the complaint was filed and the person shall have thirty calendar days after the date the director sent the complaint by which to respond.

(c) The director or a duly appointed representative shall investigate the statements of the complainant and the person against whom the complaint has been filed and may, upon not less than twenty calendar days notice to the parties involved, hold a hearing pursuant to section 386-86, HRS. If the complaint is dismissed or no penalty is assessed, the director may issue a decision without a hearing.

(d) The decision of the director shall be sent to the respective parties in interest. If a violation of section 386-98, HRS, is found to have occurred, the director shall send a copy of the decision to the appropriate licensing boards.

(e) Requests for withdrawal of a complaint shall be submitted in writing. Upon receipt of this request, the director may dismiss the complaint and notify the person against whom the complaint has been filed.

(f) Any person aggrieved by a final decision of the director may file an appeal to the labor and industrial relations appeals board within twenty calendar days after a copy has been sent to each party.