§515-9  Enforcement.  The civil rights
commission has jurisdiction over the subject of real property transaction
practices and discrimination made unlawful by this chapter.  The commission has
the following powers:



(1)  To receive, initiate, investigate, seek to
conciliate, hold hearings on, and pass upon complaints alleging violations of
this chapter in accordance with the procedure established in chapter 368,
except that investigations shall be completed within one hundred days and a
final administrative disposition shall be made within one year of the date of
the receipt of the complaint, unless impracticable to do so;



(2)  At any time after a complaint is filed, to
require answers to interrogatories, compel the attendance of witnesses, examine
witnesses under oath or affirmation, and require the production of documents
relevant to the complaint.  Before a finding of reasonable cause, chapter 368
to the contrary notwithstanding, the commission may issue a notice of right to
sue upon written request of the complainant which must be exercised within
ninety days of receipt of the notice or one year after the filing of the
complaint, whichever is later.  The commission may make rules authorizing any
individual designated to exercise these powers in the performance of official
duties;



(3)  Chapter 368 to the contrary notwithstanding,
after a finding of reasonable cause, to notify the complainant, respondent, or
an aggrieved person on whose behalf the complaint was filed, that an election
may be made to file a civil action in lieu of an administrative hearing.  The
election must be made not later than twenty days after receipt by the electing
party of the notice.  The electing party shall be provided with a notice of
right to sue which must be exercised within ninety days of receipt of that
notice or one year after the filing of the complaint, whichever is later.  The
commission will provide legal representation to the complainant in the event of
an election by any party.  After the filing of a civil action, the parties may
stipulate to have the matter remanded for an administrative hearing;



(4)  To furnish technical assistance requested by
persons subject to this chapter to further compliance with the chapter or an
order issued thereunder;



(5)  To make studies appropriate to effectuate the
purposes and policies of this chapter and to make the results thereof available
to the public;



(6)  To render at least annually a comprehensive
written report to the governor and to the legislature.  The report may contain
recommendations of the commission for legislative or other action to effectuate
the purposes and policies of this chapter; and



(7)  In accordance with chapter 91, to adopt rules to
effectuate the purposes and policies of this chapter, including rules requiring
the inclusion in advertising material of notices prepared or approved by the
commission. [L 1967, c 193, §9; HRS §515-9; am L 1982, c 204, §8; am L 1983, c
124, §17; am L 1989, c 386, §13; am L 1992, c 171, §9]



 



Cross References



 



  Annual reports, due dates, see §93-12.