Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 46 - PROCEDURE ON COMPLAINTS
Subchapter 1 - PROCEDURE ON COMPLAINTS
Section 12-46-17 - Demand letter

Universal Citation: HI Admin Rules 12-46-17

Current through August, 2024

(a) If the commission's executive director has been unable to eliminate the alleged unlawful discriminatory practice through conference, conciliation, and persuasion 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, or within an extended period of time granted by the commission, the commission's executive director shall terminate conciliation efforts.

(b) The commission's executive director, upon termination of conciliation efforts, shall send the respondent:

(1) A letter by certified mail, return receipt requested, or by personal service, demanding that the respondent:
(A) Cease and desist from engaging in the alleged unlawful discriminatory practices; and

(B) Take appropriate remedial action; and

(2) A proposed conciliation agreement, containing a provision requiring the respondent to report on the manner of compliance with the proposed conciliation agreement.

(c) Within fifteen days after receipt of the demand letter and the proposed conciliation agreement, the respondent shall either:

(1) Sign the conciliation agreement as written and return it to the commission; or

(2) Request, in writing, the continuation of conciliation efforts, stating in the request good cause why conciliation should continue. The commission's executive director may grant or deny the request.

(d) If the respondent does not either sign and return the enclosed conciliation agreement or request the continuation of conciliation efforts within fifteen days after receiving the demand letter, or if the respondent requests the continuation of conciliation efforts, yet no conciliation agreement can subsequently be secured, the commission's executive director shall find that conciliation efforts will not resolve the complaint and shall give written notice to the complainant, respondent, and commission of such finding.

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