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 12-27-31 - Notice of right to sue
Universal Citation: HI Admin Rules 12-27-31
Current through August, 2024
(a) A notice of right to sue shall authorize a complainant alleging a violation of the statute to bring a civil suit pursuant to section 398-25, HRS, within ninety days after receipt of the notice.
(b) At any time after the filing of a complaint with the department, a complainant may request, in writing, that the department issue a notice of right to sue.
(c) Upon a request made under subsection (b), the department may issue a notice of right to sue, provided that the department has not:
(1) Previously issued a
notice;
(2) Entered into a
conciliation agreement to which the complainant is a party; or
(3) Filed a civil action.
(d) The department may issue a notice of right to sue:
(1) Upon dismissal of
a complaint pursuant to sections 12-27-24 and 12-27-25; or
(2) Where the department has entered into a
conciliation agreement to which the complainant is not a party, pursuant to
subsection 12-27-28(b).
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