Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-11 - Dismissal of complaint

Current through June,
				2024
(a) The executive
				director shall dismiss the complaint:
(1) If
				it is determined that the commission does not have jurisdiction over the
				complaint;
(2) If it is determined
				after investigation that reasonable cause does not exist to believe that the
				alleged unlawful discriminatory practice has been committed;
(3) If either the complainant or respondent
				cannot be located; provided that reasonable efforts have been made to locate
				the complainant or respondent, or the complainant has not responded within
				thirty days to a notice sent by the commission to the complainant's last known
				address;
(4) If the complainant has
				failed or is unable to cooperate fully in the investigation or conciliation of
				a complaint by:
(A) Failing or refusing to
				provide the investigating examiner with requested information;
(B) Failing or refusing to appear or to be
				available for interview or conferences as an investigating examiner deems
				necessary; or
(C) Otherwise
				refusing or failing to cooperate, or not being able to provide information
				which a person would reasonably be expected to have;
to the extent that the commission's executive director or
				  investigating examiner is unable to resolve the complaint; provided that after
				  due notice of the commission's executive director's intent to dismiss the
				  complaint, the complainant has had thirty days in which to respond;
(5) If the executive
				director determines that there are inadequate remedies because:
(A) The respondent to the complaint has filed
				a petition for relief under Chapter VII of the Bankruptcy Code, Title 11 United
				States Code, and the executive director determines that there are insufficient
				assets available to provide relief to the complainant and other remedies are
				inappropriate; or
(B) There is no
				significant monetary, employment, accommodation, service, housing, declaratory,
				or injunctive relief available to the complainant;
(6) If the complaint has been investigated by
				an appropriate local, state, or federal enforcement agency, such as the Equal
				Employment Opportunity Commission, Department of Housing and Urban Development,
				Office for Civil Rights, or Office of Federal Contract Compliance Programs, and
				a final determination regarding the complaint has been made by the
				agency;
(7) If it is determined at
				any time that, based upon the executive director's discretion, dismissal is
				justified for administrative reasons, such as but not limited to:
(A) A finding of reasonable cause is no
				longer appropriate because of a material change in the allegations of the
				complainant or respondent;
(B) A
				finding of reasonable cause is no longer appropriate because of a material
				change in the testimony of a key witness for the complainant or respondent;
				or
(C) A finding of reasonable
				cause is no longer appropriate because of a change in law or the discovery of
				new and material evidence; or
(8) If the complaint or relief sought is
				covered by a court order or consent decree, or the respondent action complained
				of is required or authorized by a court order or consent decree.