Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 46 - PROCEDURE ON COMPLAINTS
Subchapter 1 - PROCEDURE ON COMPLAINTS
Section 12-46-14 - Notice of determination, conference, conciliation, and persuasion

Universal Citation: HI Admin Rules 12-46-14

Current through February, 2024

(a) When the executive director finds reasonable cause to believe that an unlawful discriminatory practice has occurred or is occurring, the commission's executive director shall notify the parties of this determination. For complaints alleging violations of chapter 515, HRS, the executive director shall also notify the parties that an election may be made to file a civil action in lieu of an administrative hearing.

(b) The executive director shall immediately endeavor to eliminate the unlawful discriminatory practice by conference, conciliation, and persuasion.

(c) The executive director may require any or all parties to attend a conciliation conference for the purpose of attempting to informally resolve the matter. The parties shall be notified of time and place of the conciliation conference.

(d) Should a respondent fail or refuse to confer and otherwise cooperate with the commission's executive director, or fail or refuse to make a good faith effort to resolve any dispute, the commission's executive director shall terminate efforts to conciliate the dispute. In that event, the commission's executive director shall send the respondent a demand letter and a proposed conciliation agreement in accordance with section 12-46-17.

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