Ā§368-13Ā  Investigation and conciliation ofcomplaint.Ā  (a)Ā  After the filing of a complaint, or whenever it appears tothe commission that an unlawful discriminatory practice may have beencommitted, the commission's executive director shall make an investigation inconnection therewith.Ā  At any time after the filing of a complaint but prior tothe issuance of a determination as to whether there is or is not reasonablecause to believe that part I of chapter 489, chapter 515, part I of chapter378, or this chapter has been violated, the parties may agree to resolve thecomplaint through a predetermination settlement.

(b)Ā  The executive director shall issue adetermination of whether or not there is reasonable cause to believe that anunlawful discriminatory practice has occurred within one-hundred and eightydays from the date of filing a complaint unless the commission grants anextension of time to issue a determination.

(c)Ā  If the executive director makes adetermination that there is no reasonable cause to believe that an unlawfuldiscriminatory practice has occurred in a complaint filed, the executivedirector shall promptly notify the parties in writing.Ā  The notice tocomplainant shall indicate also that the complainant may bring a civil actionas provided under section 368-12.

(d)Ā  When the executive director determinesafter the investigation that there is reasonable cause to believe that anunlawful discriminatory practice within the commission's jurisdiction has beencommitted, the executive director shall immediately endeavor to eliminate anyalleged unlawful discriminatory practice by informal methods such asconference, conciliation, and persuasion.

(e)Ā  Where the executive director hasdetermined that there is reasonable cause to believe that an unlawfuldiscriminatory practice has occurred and has been unable to secure from therespondent a conciliation agreement acceptable to the commission withinone-hundred and eighty days of the filing of the complaint unless thecommission has granted an extension of time, the executive director shalldemand that the respondent cease the unlawful discriminatory practice.Ā  Theexecutive director's determination that a final conciliation demand is to bemade shall be subject to reconsideration by the commission on its owninitiative but shall not be subject to judicial review.Ā  The executive directormay demand appropriate affirmative action as, in the judgment of the executivedirector, will effectuate the purpose of this chapter, and include a requirementfor reporting on the manner of compliance. [L 1989, c 386, pt of Ā§1; am L 1991,c 252, Ā§4; am L 2001, c 55, Ā§17(4)]

 

Case Notes

 

Ā  The commission did not exceed its statutory authority undersubsection (b) and Hawaii administrative rule Ā§12-46-12(f) by granting fourextensions of the investigation into complainantā€™s complaint; under the statuteand rule, extensions are authorized and the number is not limited.Ā  88 H. 10,960 P.2d 1218.

Ā  Claim for negligent and/or intentional infliction ofemotional distress against Hawaii civil rights commission not barred underĀ§662-15(1), as acts of investigating complaint, instituting suit based onfinding of reasonable cause, and sending demand letter were part of routineoperations of commission and did not involve broad policy considerationsencompassed within the discretionary function exception.Ā  88 H. 85, 962 P.2d344.