Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 46 - PROCEDURE ON COMPLAINTS
Subchapter 1 - PROCEDURE ON COMPLAINTS
Section 12-46-7 - Service of complaint

Universal Citation: HI Admin Rules 12-46-7

Current through August, 2024

(a) Within ten days after a complaint is filed with the commission, or within ten days after the commission receives a complaint on deferral from the EEOC, the commission's executive director shall serve a copy of the complaint on the respondent by certified mail, return receipt requested, or by personal delivery, except when it is determined by the executive director that providing a copy of the complaint would impede the law enforcement functions of the commission.

(b) Where a copy of the complaint is not provided, the respondent shall be served with a notice of the complaint, including the date, place, and general description of the alleged unlawful discriminatory practice, within ten days after filing of the complaint.

(c) Providing the respondent with a copy of the complaint shall be deemed to impede the law enforcement functions of the commission where:

(1) The complaint names more than one respondent, unless the respondents are charged jointly; e.g., an employer and a union are charged with having signed a collective bargaining agreement which is discriminatory; or

(2) The complaint names a person or persons whom the commission believes may suffer retaliation or may be construed as being confidential informers or potential confidential informers;

(d) When a complaint is written and filed in a language other than English the commission shall provide for an English translation of the complaint which shall be served along with any copy of the original complaint filed with the commission.

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