Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 46 - PROCEDURE ON COMPLAINTS
Subchapter 1 - PROCEDURE ON COMPLAINTS
Section 12-46-20 - Notice of right to sue
Universal Citation: HI Admin Rules 12-46-20
Current through August, 2024
(a) A notice of right to sue shall authorize:
(1) A
complainant alleging violations of chapters
368,
378, or
489, HRS, to bring a civil suit
pursuant to section
368-12,
HRS, within ninety days after receipt of the notice;
(2) A complainant alleging violations of
chapter
515, HRS, issued such notice before a
finding of reasonable cause pursuant to section
515-9(2),
HRS, to bring a civil suit within ninety days of receipt of the notice or one
year after the filing of the complaint, whichever is later; or
(3) The executive director to file a civil
suit within ninety days of the receipt of the notice of right to sue by a party
filing a timely notice of election to file civil action under subsection (b)(3)
or one year after the filing of the complaint, whichever is later.
(b) A request, in writing, may be made to the executive director to issue a notice of right to sue:
(1) At any time after the filing of a
complaint with the commission, and no later than three days after the
conclusion of the scheduling conference provided for in section 12-46-19, by a
complainant alleging violations of chapters
368,
378, or
489, HRS;
(2) At any time after the filing of a
complaint with the commission but before a finding of reasonable cause under
section
515-9(2),
HRS, by a complainant alleging violations of chapter
515, HRS; or
(3) Within twenty days after receipt of the
notice of election to file a civil action under section
515-9(3),
HRS, by any party to a complaint alleging violations of chapter
515, HRS.
(c) The commission's executive director shall issue a notice of right to sue provided that the commission 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 commission's executive director shall issue a notice of right to sue:
(1) Upon dismissal of the complaint pursuant
to section 12-46-11; or
(2) Where
the commission has entered into a conciliation agreement to which the
complainant is not a party pursuant to section 12-46-15(d).
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