Hawaii Administrative Rules
Section 21-5-12 - Settlement

Universal Citation: HI Admin Rules 21-5-12

Current through June, 2022

(a) The commission may resolve a matter at any time pursuant to a settlement agreement deemed to be fair and in the public interest.

(b) Settlement procedure:

(1) The executive director may negotiate a tentative settlement agreement with any alleged violator, subject to the commission's approval. At any time, the executive director may, with the consent of the alleged violator, present the matter to the commission to obtain its inclination regarding proposed terms of an agreement;

(2) Upon request, the alleged violator shall be provided an opportunity to address the commission as to the proposed terms of an agreement;

(3) Upon approval of the settlement agreement, the alleged violator and the chairperson, or another commissioner so authorized by a majority of the commission, shall sign the agreement; and

(4) The commission may issue a resolution that serves as a final disposition of the matter.

(c) Force and effect of agreement:

(1) The agreement resolves only those matters directly raised in the settlement agreement itself. The commission reserves the right to investigate and charge the alleged violator regarding matters not raised in the settlement agreement unless the agreement expressly provides otherwise;

(2) The settlement agreement does not resolve any matter against any alleged violator not a party to the agreement; and

(3) By entering into a settlement agreement, the alleged violator waives any right to appeal any action taken by the commission in connection with the matter.

(d) Settlement agreements and resolutions are presumptively public, but the commission may enter a confidential settlement agreement after considering the following factors:

(1) The nature of the violation;

(2) The alleged violator's position and duties;

(3) Whether the alleged violator has been involved with prior commission proceedings;

(4) The manner in which the matter was brought to the commission's attention;

(5) The alleged violator's level of cooperation with the commission's investigation;

(6) The alleged violator's acknowledgement of wrongdoing and commitment to avoid future violations; and

(7) Any other mitigating or aggravating factors.

[Eff 11/28/2020] (Auth: HRS §§ 84-31(a)(5), 91-2, 97-6(a)(5)) (Imp: HRS §§ 84-32, 91-2, 91-8.5, 91-9, 97-6)

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