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 12-27-26 - Investigation and fact-finding conference

Universal Citation: HI Admin Rules 12-27-26

Current through August, 2024

(a) After the filing of a complaint, the department shall conduct an investigation in accordance with section 398-23, HRS.

(b) As part of the investigation, the department may require the complainant and employer to attend a fact-finding conference.

(c) The fact-finding conference is primarily for the purposes of:

(1) Ascertaining the positions of the complainant and employer;

(2) Identifying the issues in dispute;

(3) Resolving those issues that can be resolved;

(4) Obtaining evidence; and

(5) Determining the possibility of a predetermination settlement.

(d) The department is authorized to issue subpoenas for the production of documents or the examination of witnesses deemed necessary for the investigation of a complaint, and to require complainant and employer to provide written responses to requests for information.

(e) If the employer or a witness fails to respond to a subpoena within the time allowed, the department is authorized to file a petition for appropriate relief in the circuit court.

(f) When the department determines after an investigation that the statute has been violated, the department shall notify the complainant and employer of its determination.

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