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

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

(2)  To hold hearings and make inquiries, as it deemsnecessary, to carry out properly its functions and powers, and for the purposeof these hearings and inquiries, to administer oaths and affirmations, conductdepositions, compel the attendance of parties and witnesses and the productionof documents by the issuance of subpoenas, examine parties and witnesses underoath, require answers to interrogatories, and delegate these powers to anymember of the commission or any person appointed by the commission for theperformance of its functions;

(3)  To commence civil action in circuit court to seekappropriate 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 reliefor affirmative action when a violation is found;

(6)  To issue publications and results ofinvestigations and research that, in its judgment, will tend to promotegoodwill and minimize or eliminate discrimination in employment, housing, andpublic accommodations;

(7)  To submit annually to the governor and thelegislature a written report of its activities and recommendations foradministrative or statutory changes required to further the purposes of thischapter;

(8)  To appoint an executive director, deputyexecutive director, attorneys, and hearings examiners who shall be exempt fromchapter 76, and investigators and other necessary support personnel who shallbe subject to chapter 76.  Section 28-8.3 notwithstanding, an attorney employedby the commission as a full-time staff member may represent the commission inlitigation, draft legal documents for the commission, provide other necessarylegal services to the commission, and shall not be deemed to be a deputyattorney 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 Sp1993, 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 ofemotional distress against Hawaii civil rights commission not barred under§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.  88 H. 85, 962 P.2d344.

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