HAR 12-46 — PROCEDURE ON COMPLAINTS (Subchapter 1 to 20)

(a) Any party aggrieved by a final decision or order of the commission or by a preliminary ruling or order of the commission of such a nature that deferral of review pending the entry of a subsequent final order would deprive that party of adequate relief is entitled to judicial …

(a) Whenever it appears to the commission's executive director that an unlawful discriminatory practice may have been committed, the executive director may make an inquiry without the filing of a complaint. (b) The commission's executive director may file a complaint whenever the…

(a) Because of the commission's role as final arbiter and because the commission will not be involved in pre-hearing stages, in any proceedings before a hearings examiner or the commission: (1) Neither the commission's staff nor any person, either in private or public life, shall…

(a) A copy of the investigation report, in order to be admitted at hearing, shall be provided to respondent not later than seven days prior to the hearing. If a copy of the investigation report is not provided to respondent, the report shall not be permitted to be introduced at t…

Before the hearing the hearings examiner shall order that a prehearing conference be conducted and attended by all parties to the proceeding, the purpose of which shall be to explore the possibilities of informal satisfaction of the complaint and the simplification of issues. At …

(a) Testimony adduced at the hearing may be electronically recorded and need not be transcribed. Unless otherwise provided, the cost of the transcription of the electronic recording of the testimony shall be paid by the requesting party. (b) Any party may request that all of the …

(a) The record shall consist of the following: (1) All pleadings, motions, memoranda and intermediate rulings; (2) All evidence received or considered, including without limitation, oral testimony, exhibits, and matters officially noted by the commission or hearings examiner; (3)…

Unless otherwise provided by statute or the parties, all parties shall be given written notice of the hearing at least fifteen days before the hearing. The notice shall include: (1) The date, time, place, and nature of hearing; (2) The legal authority under which the hearing is t…

All hearings shall be conducted pursuant to chapter 91, HRS, and this chapter. A hearing shall take place no later than one hundred eighty days after the appointment of the hearings examiner except as may be extended by the commission for good cause. All hearings shall be heard b…

Unless otherwise stipulated by the parties, which stipulation is approved by the hearings examiner, all hearings shall proceed as follows: (1) The parties shall have the opportunity to make opening statements before any evidence is presented, unless they waive the opportunity. Th…

(a) After all evidence has been presented by complainant in support of complaint, the respondent may move for the hearings examiner for an order denying or dismissing the complaint or for similar affirmative relief. (b) If the motion is denied or taken under advisement, responden…

At any time prior to the filing of the hearings examiner's proposed decision, the hearings examiner may, without suggestion or upon motion for good cause shown, reopen a hearing for the purpose of taking further evidence. The reopening shall be at the sole discretion of the heari…

(a) Any person claiming to be aggrieved by an alleged unlawful discriminatory practice may file a complaint. (b) The commission's executive director may file a complaint whenever there is reason to believe that any person, employer, employment agency, or labor organization has en…

(a) The parties, upon first obtaining the permission of the hearings examiner, may file and serve upon all other parties to the proceeding written proposed findings of fact and conclusions of law together with the reasons therefor, within fifteen days after the close of the heari…

The hearings examiner, within sixty days or as may be extended by the commission after the close of the hearing, shall file with the commission a decision together with separate findings of fact, conclusions of law, and shall include a remedy when there is a finding of an unlawfu…

The commission shall cause a copy of the decision, including therein findings of fact, conclusions of law, and any recommended order, to be served upon each party by personal service or by registered or certified mail, return receipt requested. Service of the proposed decision sh…

Any party adversely affected by the hearings examiner's decision within fifteen days after the receipt of a copy of the decision, may file with the hearings examiner written exceptions to the whole or any part of the decision and request review by the commission. Each written exc…

Any party may file with the hearings examiner and serve upon all other parties a statement in support of the decision within fifteen days after receipt of a copy of the written exceptions. Notes Haw. Code R. § 12-46-54 [Eff 12/31/90] (Auth: HRS §§ 91-2, 368-3, 368-14) (Imp: HRS §…

The hearings examiner shall transmit to the commission the entire record together with the decision, any timely filed exceptions, and any timely filed statement in support. Notes Haw. Code R. § 12-46-55 [Eff 12/31/90] (Auth: HRS §§ 91-2, 368-3, 368-14) (Imp: HRS §§ 91-11, 368-3, …

Whenever written exceptions have been timely filed and a party has requested the opportunity to present oral argument, all parties to the proceedings shall be afforded the opportunity to present oral argument to the commission concerning the decision. The commission shall persona…

When no written exceptions have been filed, the commission, in complaints alleging violations of chapters 368, 378, or 489, HRS, shall issue a written final decision and order, either adopting or modifying or reversing, in whole or in part, the hearings examiner's decision, withi…

Savings clause. If any provision of these rules, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of these rules which can be given effect without the invalid provision or application, and to…

(a) Each complaint shall contain the following: (1) The full name, address, and telephone number (if any) of complainant; (2) The full name, address, and telephone number (if any, and if known) of the respondent or respondents; (3) A plain and concise statement of the facts const…

The commission's executive director or any interested person may petition the commission for a declaratory ruling as to the applicability of any HRS provision or of any rule adopted by the commission to a factual situation. Each petition shall state concisely and with particulari…

Petitioner shall also file, together with any petition for declaratory relief and at the time the petition is filed, a memorandum of authorities in support of the petition which shall contain a full discussion of the reasons, including legal authorities, supportive of the petitio…

(a) The commission, as expeditiously as possible after the filing of a petition for declaratory relief, may refuse to consider any petition for declaratory relief. Without limiting the generality of the foregoing, the commission may refuse consideration where: (1) The petition fa…

Unless a petition has been summarily disposed of pursuant to section 12-46-63, in all petitions for declaratory relief where the commission's executive director is not the petitioner, the executive director shall be made a party respondent to the proceedings and shall be served a…

Each respondent, within fifteen days after the receipt of the petition, may file and serve upon the petitioner a memorandum in opposition stating concisely and fully the respondent's position or contentions and reasons, including legal authorities. Notes Haw. Code R. § 12-46-65 […

Unless the petition has been summarily disposed of pursuant to section 12-46-65 and subject to section 12-46-25, any interested person may request intervention in a proceeding for declaratory relief. Any person permitted to intervene in a proceeding for declaratory relief may fil…

The commission or the hearings examiner at any time may request of the petitioner or any party, a statement of additional facts or a memorandum, the purpose of which is to clarify a specific factual issue, position, contention, or issue provided the request shall aid the commissi…

All parties shall be given written notice of the hearing of argument at least fifteen days before the time of the argument. The notice shall include: (1) The date, time, place, and nature of the argument; (2) The legal authority under which the argument is to be heard; (3) Partic…

Argument shall be heard either before the commission or a hearings examiner duly designated. All parties shall be afforded full opportunity to present argument on all issues involved. The argument shall be at the time and place set forth in the notice of argument but at that time…

(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 …

If, at any time, it appears that there exists a genuine controversy of material fact the resolution of which is necessary before any order of declaratory relief may issue, or that the petition raises issues of public concern and interest that a proceeding for rule relief would mo…

(a) The parties, upon first obtaining the permission of the commission or hearings examiner, may file and serve upon all other parties to the proceeding, written proposed findings of fact and conclusions of law together with the reasons therefor within fifteen days after the clos…

(a) When the argument has been held before the commission, the commission, as expeditiously as possible after the close of the argument or submission of all permitted or requested memoranda, whichever is later, shall issue its final decision and order. (b) When the petition has b…

(a) When the argument has been held before a hearings examiner, the hearings examiner, as expeditiously as possible after the close of the argument or submission of all requested or permitted memoranda, whichever is later, shall file with the commission the hearings examiner's de…

(a) Where the petition has been contested, any party adversely affected by the hearings examiner's decision within fifteen days after the receipt of a copy of the decision, may file with the commission written exceptions to the whole or any part of the decision and request review…

Any decision and order of declaratory relief, whether granting or denying the petition, shall have the same force and effect as other decisions and orders issued by the commission. Notes Haw. Code R. § 12-46-75 [Eff 12/31/90] (Auth: HRS §§ 91-8, 368-3) (Imp: HRS §§ 91-8, 368-3)…

(a) Upon request of the complainant, a complaint, or any part thereof, may be withdrawn only if the written consent of the commission's executive director is obtained. (b) When requesting withdrawal of a complaint, the complainant shall: (1) Submit the request in writing; (2) Set…

The commission's executive director or any interested person may petition the commission for the amendment, adoption, or repeal of a rule. The petition for rule relief shall set forth the test of the rule to be repealed, or the test of any proposed rule, the adoption of which is …

(a) The commission, within the time permitted by chapter 91, HRS, shall either deny the petition further consideration, or initiate public rulemaking procedures in accordance with this subchapter and chapter 91, HRS. (b) Without limiting the generality of the foregoing, the commi…

The commission shall promptly notify the petitioner in writing of a determination not to consider the petition and shall further state the reasons therefor. Notes Haw. Code R. § 12-46-83 [Eff 12/31/90] (Auth: HRS §§ 91-6, 368-3) (Imp: HRS §§ 91-6, 368-3)

Unless otherwise provided by law, the petitioner shall have no right to move the commission for reconsideration or to seek judicial review of any determination. Notes Haw. Code R. § 12-46-84 [Eff 12/31/90] (Auth: HRS §§ 91-6, 368-3) (Imp: HRS §§ 91-6, 368-3)

The commission may require the petitioner or any person or the commission's executive director to submit a statement of additional facts or a memorandum, the purpose of which is to clarify a specific factual issue, position, or contention which will reasonably aid the commission.…

Subject to sections 91-4 and 91-17, HRS, a public hearing shall be held for a petition for rule relief considered by the commission. Notice of the public hearing shall be given at least thirty days before the public hearing is held. The hearing shall be at the time and place set …

(a) The commission shall publish notice of the public hearing in a newspaper of general circulation throughout the State, and which is printed and issued at least twice weekly. The notice shall be published once in two consecutive weeks, and the last published notice shall appear…