(a) The executive
director shall dismiss the complaint:
(1) If
it is determined that the commission does not have jurisdiction over the
complaint;
(2) If it is determined
after investigation that reasonable cause does not exist to believe that the
alleged unlawful discriminatory practice has been committed;
(3) If either the complainant or respondent
cannot be located; provided that reasonable efforts have been made to locate
the complainant or respondent, or the complainant has not responded within
thirty days to a notice sent by the commission to the complainant's last known
address;
(4) If the complainant has
failed or is unable to cooperate fully in the investigation or conciliation of
a complaint by:
(A) Failing or refusing to
provide the investigating examiner with requested information;
(B) Failing or refusing to appear or to be
available for interview or conferences as an investigating examiner deems
necessary; or
(C) Otherwise
refusing or failing to cooperate, or not being able to provide information
which a person would reasonably be expected to have;
to the extent that the commission's executive director or
investigating examiner is unable to resolve the complaint; provided that after
due notice of the commission's executive director's intent to dismiss the
complaint, the complainant has had thirty days in which to respond;
(5) If the executive
director determines that there are inadequate remedies because:
(A) The respondent to the complaint has filed
a petition for relief under Chapter VII of the Bankruptcy Code, Title 11 United
States Code, and the executive director determines that there are insufficient
assets available to provide relief to the complainant and other remedies are
inappropriate; or
(B) There is no
significant monetary, employment, accommodation, service, housing, declaratory,
or injunctive relief available to the complainant;
(6) If the complaint has been investigated by
an appropriate local, state, or federal enforcement agency, such as the Equal
Employment Opportunity Commission, Department of Housing and Urban Development,
Office for Civil Rights, or Office of Federal Contract Compliance Programs, and
a final determination regarding the complaint has been made by the
agency;
(7) If it is determined at
any time that, based upon the executive director's discretion, dismissal is
justified for administrative reasons, such as but not limited to:
(A) A finding of reasonable cause is no
longer appropriate because of a material change in the allegations of the
complainant or respondent;
(B) A
finding of reasonable cause is no longer appropriate because of a material
change in the testimony of a key witness for the complainant or respondent;
or
(C) A finding of reasonable
cause is no longer appropriate because of a change in law or the discovery of
new and material evidence; or
(8) If the complaint or relief sought is
covered by a court order or consent decree, or the respondent action complained
of is required or authorized by a court order or consent decree.
(b) The executive director may
dismiss a complaint if the respondent has made a predetermination settlement
offer as described in section 12-46-13, which is in writing and specific in its
terms, and the complainant refuses to accept the offer; provided that the
offer, as determined by the commission's executive director, would afford a
just resolution for the harm alleged by the complainant and the complainant
fails to accept the offer within thirty days after actual notice of the
offer.
(c) In the event of any
dismissal of a complaint:
(1) The complainant
shall be notified by certified mail, return receipt requested, of:
(A) The reason or reasons for
dismissal;
(B) The right to sue as
provided by section
368-12 or
515-9, HRS;
and
(C) The right to request the
commission to reconsider the dismissal.
(2) The respondent and the commission shall
be notified in writing of the dismissal and the reasons therefor.
(d) The dismissal of a complaint
may be reconsidered on the executive director's own initiative at any time or
upon the complainant's written request filed within thirty days after the date
of the receipt of the notice of the disposition. Written notice of the
reconsideration shall be provided by the executive director to the
parties.
