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

Chapter 378, HRS, prohibits any employer or other covered entity from discriminating in employment against individuals or persons because of a disability. Persons with a disability are entitled to equal employment opportunities as are available to persons without a disability. In…

As used in this subchapter, unless the context otherwise requires: "Being regarded as having such an impairment" means is subjected to a prohibited action because of any actual or perceived physical or mental impairment that is not both transitory and minor, whether or not that i…

(a) It is unlawful for an employer or other covered entity to discriminate on the basis of disability against a qualified person in regard to: (1) Recruitment, advertising, and job application procedures; (2) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layo…

It is unlawful for an employer or other covered entity to limit, segregate, or classify a job applicant or employee in a way that adversely affects his or her employment opportunities or status on the basis of disability. Notes Haw. Code R. § 12-46-184 [Eff 8/18/94] (Auth: HRS § …

(a) It is unlawful for an employer or other covered entity to participate in a contractual or other arrangement or relationship that has the effect of subjecting the employer's or entity's own qualified applicant, employee, member, beneficiary, apprentice, trainee, or other relat…

It is unlawful for an employer or other covered entity to use standards, criteria, or methods of administration: (1) That have the effect of discriminating on the basis of disability; or (2) That perpetuate the discrimination of others who are subject to common administrative con…

(a) It is unlawful for an employer or other covered entity not to make reasonable accommodation to the known physical or mental limitations of an otherwise qualified applicant or employee with a disability, unless such employer or entity can demonstrate that the accommodation wou…

(a) It is unlawful for an employer or other covered entity to use qualification standards, employment tests, or other selection criteria that screen out or tend to screen out a person with a disability or a class of persons with disabilities unless the employer or other covered e…

(a) It is unlawful to discriminate or take an adverse action against any person because that person has opposed any act or practice made unlawful by this subchapter or because that person made a charge, testified, assisted, or participated in any manner relating to an investigati…

(a) Within thirty days after the appointment of the hearings examiner the hearings examiner shall order the holding of a scheduling conference. All parties receiving notice of the scheduling conference shall attend in person or by counsel and shall be prepared to discuss the foll…

(a) Except as permitted by section 12-46-191, it is unlawful for an employer or other covered entity to: (1) Conduct a medical examination of an applicant; or (2) Make inquiries as to whether an applicant is a person with a disability or as to the nature or severity of such disab…

(a) An employer or other covered entity may make pre-employment inquiries into the ability of an applicant to perform essential job functions and ask an applicant to describe or demonstrate how, with or without reasonable accommodation, the applicant will be able to perform essen…

(a) An employer or other covered entity: (1) May prohibit the illegal use of drugs and the consumption of alcohol at the workplace by all employees; (2) May require that employees not be under the influence of alcohol or be engaging in the use of illegal drugs at the workplace; (…

An employer or other covered entity may raise defenses to an allegation of discrimination under this subchapter including, but not limited to, the following: (1) Inability to perform. It may be a defense to a charge of discrimination brought under this subchapter that a person wi…

(a) This subchapter sets forth the procedures for the administration and enforcement of chapters 368, 489, 515 and part I of chapter 378, HRS. These rules shall be liberally construed to accomplish the purposes of these chapters. Notes Haw. Code R. § 12-46-2 [Eff 12/31/90] (Auth:…

(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,…

(a) Any personnel or employment record made or kept by an employer, employment agency, or labor organization shall be preserved by the employer for one year from the date of the making of the record or the personnel action involved, whichever occurs later. The records shall inclu…

A party, at the party's own expense, may be represented by counsel, who may be an attorney, at any stage of the proceeding before the hearings examiner or commission. Notes Haw. Code R. § 12-46-22 [Eff 12/31/90] (Auth: HRS §§ 91-2, 368-3) (Imp: HRS §§ 91-9, 368-3)

When an individual, acting in a representative capacity on behalf of a party, appears in a proceeding or signs a document submitted to the commission or hearings examiner, that personal appearance or signature shall constitute a representation that the individual is lawfully auth…

Upon motion and for good cause shown, substitution of parties may be ordered provided that the substitution shall: (1) Be conducive to effectuating the ends of justice; (2) Not unduly delay the proceeding; and (3) Not otherwise unduly harass, hinder, or prejudice the rights of an…

Upon timely motion and at the discretion of the hearings examiner, the commission's executive director or any person may be permitted to intervene and be admitted as a party in a proceeding before the hearings examiner if the commission or that person has a substantial interest i…

The hearings examiner, with the approval of the commission, or upon any party's motion timely made and for good cause shown, may consolidate two or more proceedings which involve substantially the same issues, arise out of the same general transaction, or involve the same person …

(a) Petitions, motions, and other pleadings shall be typed in twelve point pica or equivalent type size upon good quality paper, 8-1\2 x 11 inches in size and of at least sixteen weight, except that documentary exhibits may be larger, if filed to the size of the pleadings to whic…

Unless otherwise provided by this chapter or by other applicable law, whenever service is required to be made on any party to a proceeding before the commission, the service shall be made personally or by first class mail, the document to be served at the party's last known addre…

(a) Unless otherwise provided by this chapter, a party filing a pleading, motion, memorandum, document, or other paper shall cause a copy of the pleading, motion, memorandum, document, or other paper to be served upon each of the other parties to the proceeding, or upon any agent…

The time in which any act provided by this chapter is to be done is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or holiday and then it is also excluded. As used in this chapter, "holiday" includes any day designated as su…

Unless otherwise provided, the hearings examiner may extend, by not more than ninety days, or as may be extended by the commission for good cause, the time within which any action shall be taken at the request of any party. The hearings examiner may require that the extension be …

The purpose of this subchapter is to implement laws prohibiting discrimination in real property transactions toward the goal of eliminating such discrimination and to implement changes made by Act 171, Session Laws of Hawaii 1992, to conform state law to Title VIII of the Civil R…

As used in this subchapter, unless the context otherwise requires: "Accessible" means a housing accommodation constructed in conformity with the appropriate requirements of ANSI A117.1-1986 or the Fair Housing Accessibility Guidelines issued by the Department of Housing and Urban…

This subchapter shall be liberally construed according to the fair import of their terms toward the goal of eliminating discrimination in real estate transactions. Notes Haw. Code R. § 12-46-303 [Eff 10/15/93] (Auth: HRS §§ 368-3; 515-9(7)) (Imp: HRS § 515-1)

(a) Any records of real estate transactions made or kept by an owner, any person engaging in a real estate transaction, or real estate broker or salesperson involving the lease or rental of a housing accommodation: (1) In a building which has four or more housing accommodations; …

It is a discriminatory practice for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesperson because of a person's protected basis: (1) To refuse to engage in a real estate transaction, evict, or terminate a tenancy; (2) To di…

(a) It is a discriminatory practice for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesperson: (1) To refuse to engage in a real estate transaction or to deny equal opportunity to use and enjoy a housing accommodation with …

It is a discriminatory practice for an owner or any person engaging in a real estate transaction, or for a real estate broker or salesperson to: (1) Refuse to engage in a real estate transaction with a person because of familial status; (2) Impose house rules, by-laws, or other p…

It is a discriminatory practice for a person, a representative of such person, or a real estate broker, appraiser, or salesperson, to whom an inquiry or application is made for financial assistance in connection with a real estate transaction or for construction, rehabilitation, …

It is a discriminatory practice for a person, representative of a person, real estate broker, appraiser, or salesperson for the purpose of inducing a real estate transaction because of a protected basis: (1) To represent that a change has occurred or will or may occur in the comp…

(a) An application for an order shall be by motion which, unless made during a hearing, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. (b) Motions referring to facts not of record shall be supported b…

It is a discriminatory practice for a person, or for two or more persons to conspire: (1) To retaliate, threaten, or discriminate against a person because of the exercise or enjoyment of any right granted or protected by this subchapter, or because the person has opposed a discri…

(a) An attempt to commit, directly or indirectly, a discriminatory practice is a discriminatory practice. (b) A party to a conciliation agreement made under chapter 515, HRS, or this subchapter, who violates the terms of such agreement, has committed a discriminatory practice. (c…

(a) Every provision in an oral agreement or a written instrument relating to real property which purports to forbid or restrict the conveyance, encumbrance, occupancy, use, or lease thereof to individuals because of their protected basis is void. (b) Every condition, restriction,…

(a) Sections 12-46-305,-306, and-307 do not apply: (1) To the rental of a housing accommodation in a building which contains housing accommodations for not more than two families living independently of each other if the owner or lessor resides in one of the two housing accommoda…

It is not a discriminatory practice for a religious institution in a real estate transaction conducted for charitable or religious purposes to give preference to members of the same religion. Notes Haw. Code R. § 12-46-314 [Eff 10/15/93] (Auth: HRS §§ 368-3; 515-9(7)) (Imp: HRS §…

(a) In the case of a respondent who is found by the commission to have engaged in a discriminatory practice in the course of performing under a contract or subcontract with the State or a county, or agency thereof, if the discriminatory practice was authorized, requested, command…

A person may be liable for discriminatory practices made unlawful under this subchapter including, but not limited to, the following situations: (1) An owner, any person engaging in a real estate transaction, or a real estate broker or salesperson is liable for any of its acts wh…

In determining whether a discriminatory practice constituting disparate treatment has been committed under this subchapter, it must be shown by a preponderance of the evidence: (1) That a causal connection existed between a person's protected basis and the alleged discriminatory …

(a) Adverse impact. It may be a defense to a claim that a facially-neutral practice, policy, or action has the effect of discriminating against a person because of a protected basis for an owner, any other person, real estate broker, or salesperson charged with discrimination to …

The hearings examiner shall have in addition to powers as are conferred by law, the powers, in conducting a hearing, without limitation: (1) To hold hearings and issue notices; (2) To administer oaths and affirmations; (3) To consolidate hearings or sever proceedings, provided th…

(a) The hearings examiner, at the request of a party, shall have the power to issue subpoenas requiring the attendance of witnesses or the production of documents prior to or at the hearing. The hearings examiner may require that any request for the issuance of a subpoena identif…

When a complaint has been assigned to a hearings examiner for hearing, the powers and duties to be performed by the hearings examiner in connection with the proceeding, without abatement of the proceeding, may be assigned to another hearings examiner, provided no hearings examine…

(a) No matter shall be heard by a hearings examiner or commissioner who: (1) Has any pecuniary interest in the matter being heard; (2) Is related within the third degree by blood or marriage to any party to the proceeding; (3) Has initiated the complaint of the proceeding, has pa…