§368-3  Powers and functions of commission. 
The commission shall have the following powers and functions:



(1)  To receive, investigate, and conciliate
complaints alleging any unlawful discriminatory practice under part I of
chapter 489, chapter 515, and part I of chapter 378, and complaints filed under
this chapter, and conduct proceedings on complaints alleging unlawful practices
where conciliatory efforts are inappropriate or unsuccessful;



(2)  To hold hearings and make inquiries, as it deems
necessary, to carry out properly its functions and powers, and for the purpose
of these hearings and inquiries, to administer oaths and affirmations, conduct
depositions, compel the attendance of parties and witnesses and the production
of documents by the issuance of subpoenas, examine parties and witnesses under
oath, require answers to interrogatories, and delegate these powers to any
member of the commission or any person appointed by the commission for the
performance of its functions;



(3)  To commence civil action in circuit court to seek
appropriate relief, including the enforcement of any commission order,
conciliation agreement, or predetermination settlement;



(4)  To issue the right to sue to a complainant;



(5)  To order appropriate legal and equitable relief
or affirmative action when a violation is found;



(6)  To issue publications and results of
investigations and research that, in its judgment, will tend to promote
goodwill and minimize or eliminate discrimination in employment, housing, and
public accommodations;



(7)  To submit annually to the governor and the
legislature a written report of its activities and recommendations for
administrative or statutory changes required to further the purposes of this
chapter;



(8)  To appoint an executive director, deputy
executive director, attorneys, and hearings examiners who shall be exempt from
chapter 76, and investigators and other necessary support personnel who shall
be subject to chapter 76.  Section 28-8.3 notwithstanding, an attorney employed
by the commission as a full-time staff member may represent the commission in
litigation, draft legal documents for the commission, provide other necessary
legal services to the commission, and shall not be deemed to be a deputy
attorney general; and



(9)  To adopt rules under chapter 91. [L 1988, c 219,
pt of §1; am L 1989, c 386, §6; am L 1991, c 80, §1 and c 252, §2; am L Sp
1993, c 8, §53; am L 2000, c 253, §150; am L 2001, c 55, §17(1)]



 



Case Notes



 



  Claim for negligent and/or intentional infliction of
emotional distress against Hawaii civil rights commission not barred under
§662-15(1), as acts of investigating complaint, instituting suit based on
finding of reasonable cause, and sending demand letter were part of routine
operations of commission and did not involve broad policy considerations
encompassed within the discretionary function exception.  88 H. 85, 962 P.2d
344.



  The discretionary function exception in §662-15(1) is limited
to situations in which a government agent is engaged in the effectuation of 
"broad public policy"; the investigation of a complaint by the Hawaii
civil rights commission, in and of itself, does not involve such
considerations; thus, a counterclaim for negligence in the performance of an
investigation is not barred by sovereign immunity.  88 H. 85, 962 P.2d 344.