Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 46 - PROCEDURE ON COMPLAINTS
Subchapter 1 - PROCEDURE ON COMPLAINTS
Section 12-46-12 - Investigation, fact-finding conference, and discovery

Universal Citation: HI Admin Rules 12-46-12

Current through August, 2024

(a) After the filing of a complaint, the executive director shall investigate the charges contained in the complaint. In complaints alleging violations of chapter 515, HRS, investigations shall be commenced within thirty days after filing.

(b) As part of its investigation, the executive director may require all parties to attend a fact-finding conference.

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

(1) Ascertaining the positions of the parties;

(2) Identifying the issues in dispute;

(3) Resolving those issues that can be resolved;

(4) Obtaining evidence; and

(5) Determining the likelihood of a predetermination settlement.

(d) The commission's executive director is authorized to issue subpoenas for the production of documents or the examination of witnesses deemed necessary for the investigation of a complaint. The executive director can require parties to provide written responses to a complaint and other requests for information or discovery, including but not limited to, interrogatories and requests for admissions or for the production of documents.

(e) If a party or a witness refuses to honor a subpoena or if a party fails to respond to a complaint or discovery requests within the time allowed for such responses under the Hawaii Rules of Civil Procedure, the commission's executive director is authorized to file a petition for appropriate temporary relief in the circuit court.

(f) An investigation shall be concluded within one hundred eighty days of the filing of a complaint alleging violations of chapters 368, 378, or 489, HRS, or within one hundred days of the filing of a complaint alleging violations of chapter 515, HRS; provided that the commission may grant an extension. In complaints alleging violations of chapter 515, HRS, complainants and respondents shall be provided written notice if the investigation cannot be completed within one hundred days.

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