Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW
Subchapter 2 - COMPLAINT AND INVESTIGATION PROCEDURES
Section 12-27-24 - Dismissal of complaint
Universal Citation: HI Admin Rules 12-27-24
Current through August, 2024
(a) The department shall dismiss a complaint if:
(1) The
department determines that the complaint was not filed in accordance with
sections 12-27-20 and 12-27-21;
(2)
At any point after the filing of a complaint, it is determined that the
department does not have jurisdiction over the allegations contained in the
complaint;
(3) It is determined
after investigation that the alleged unlawful act by the employer was not
substantiated or supported by available evidence;
(4) The complainant failed to cooperate with
the department regarding the complaint or investigation, and the department
received no response from the complainant within ten days after the date of the
mailing of the notice to the complainant of the department's intent to dismiss
the complaint; or
(5) The
complainant could not be located, and the complainant did not respond within
ten days to a notice sent by the department to the complainant's last known
address.
(b) In the event of a dismissal of a complaint, the department shall issue a written notification to the complainant and employer of the reason or reasons for dismissal by certified mail, return receipt requested.
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