reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-44 - Record of hearing

Current through June,
				2024
(a) The record
				shall consist of the following:
(1) All
				pleadings, motions, memoranda and intermediate rulings;
(2) All evidence received or considered,
				including without limitation, oral testimony, exhibits, and matters officially
				noted by the commission or hearings examiner;
(3) All offers of proof and rulings
				thereon;
(4) All proposed findings
				and exceptions;
(5) The proposed
				decision of the hearings examiner who presided at the hearing; and
(6) The investigatory report shall not be
				made part of the record or disclosed to the hearings examiner unless the report
				has been provided to the respondent and introduced at the hearing pursuant to
				section 12-46-41.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-45 - Notice of hearing

Current through June,
				2024
Unless otherwise provided by statute or the parties, all
				  parties shall be given written notice of the hearing at least fifteen days
				  before the hearing. The notice shall include:
(1) The date, time, place, and nature of
				hearing;
(2) The legal authority
				under which the hearing is to be held;
(3) The particular sections of HRS and rules
				involved; and
(4) A short and
				concise statement of the issues involved and the facts giving rise to the
				petition. Attachment of a copy of the complaint to the hearing notice satisfies
				this requirement.
The notice shall further apprise each party of the party's
				  right to retain legal counsel if so desired.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-46 - Hearings

Current through June, 2024
All hearings shall be conducted pursuant to chapter
				  91, HRS, and this chapter. A hearing
				  shall take place no later than one hundred eighty days after the appointment of
				  the hearings examiner except as may be extended by the commission for good
				  cause. All hearings shall be heard before a duly designated hearings examiner.
				  All parties shall be afforded full opportunity to present evidence and argument
				  on all issues involved. The hearing shall be at the time and place set forth in
				  the notice of hearing, but at that time and place may be continued from day to
				  day or adjourned to a later day or to a different place without notice other
				  than the announcement thereof at the hearing. The hearings examiner, if there
				  is no dispute as to the facts involved in a particular matter, may permit the
				  parties to proceed by memoranda of law in lieu of a hearing unless the
				  procedure would unduly burden any party or is otherwise not conducive to the
				  ends of justice.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-47 - Procedure at hearing

Current through June,
				2024
Unless otherwise stipulated by the parties, which stipulation
				  is approved by the hearings examiner, all hearings shall proceed as
				  follows:
(1) The parties shall have
				the opportunity to make opening statements before any evidence is presented,
				unless they waive the opportunity. The opening statement shall be heard in the
				following order:
(A) Complainant's opening
				statement; and
(B) Respondent's
				opening statement, unless respondent chooses to reserve same until after
				presentation of petitioner's evidence;
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-48 - Motion to dismiss

Current through June,
				2024
(a) After all
				evidence has been presented by complainant in support of complaint, the
				respondent may move for the hearings examiner for an order denying or
				dismissing the complaint or for similar affirmative relief.
(b) If the motion is denied or taken under
				advisement, respondent shall have the right to continue with the proceeding as
				fully as if the motion had never been made.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-49 - Taking of further evidence

Current through June,
				2024
At any time prior to the filing of the hearings examiner's
				  proposed decision, the hearings examiner may, without suggestion or upon motion
				  for good cause shown, reopen a hearing for the purpose of taking further
				  evidence. The reopening shall be at the sole discretion of the hearings
				  examiner. Further evidence may be taken either through oral hearing or by
				  certification of questions to the parties.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-50 - Proposed findings of fact and conclusions of law

Current
				through June, 2024
(a)
				The parties, upon first obtaining the permission of the hearings examiner, may
				file and serve upon all other parties to the proceeding written proposed
				findings of fact and conclusions of law together with the reasons therefor,
				within fifteen days after the close of the hearing, which, wherever possible,
				shall contain specific references to the record and shall state the authorities
				relied upon. Proposed findings of fact and conclusions of law that find an
				unlawful discriminatory practice shall include a proposed remedy.
(b) The grant of permission shall be at the
				sole discretion of the hearings examiner.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-51 - Proposed decision

Current through June,
				2024
The hearings examiner, within sixty days or as may be
				  extended by the commission after the close of the hearing, shall file with the
				  commission a decision together with separate findings of fact, conclusions of
				  law, and shall include a remedy when there is a finding of an unlawful
				  discriminatory practice. Any order recommended by the hearings examiner shall
				  be based upon the whole record and supported by the reliable probative and
				  substantial evidence, including facts of which the hearings examiner properly
				  took judicial notice.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-52 - Service of proposed decision

Current through June,
				2024
The commission shall cause a copy of the decision, including
				  therein findings of fact, conclusions of law, and any recommended order, to be
				  served upon each party by personal service or by registered or certified mail,
				  return receipt requested. Service of the proposed decision shall be deemed
				  complete upon its mailing to the party's last known address.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-53 - Decision, exceptions

Current through June,
				2024
Any party adversely affected by the hearings examiner's
				  decision within fifteen days after the receipt of a copy of the decision, may
				  file with the hearings examiner written exceptions to the whole or any part of
				  the decision and request review by the commission. Each written exception shall
				  specify the portions of the record and authorities relied upon to sustain each
				  point. A copy of the written exceptions shall be served by the party so
				  excepting upon each party to the proceeding. Unless the time has been extended,
				  no written exceptions shall be filed or accepted for filing after the time
				  specified, except by leave of the commission for good cause
				  shown.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-54 - Statement in support of decision

Current through June,
				2024
Any party may file with the hearings examiner and serve upon
				  all other parties a statement in support of the decision within fifteen days
				  after receipt of a copy of the written exceptions.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-55 - Transmittal to commission

Current through June,
				2024
The hearings examiner shall transmit to the commission the
				  entire record together with the decision, any timely filed exceptions, and any
				  timely filed statement in support.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-56 - Argument on written exceptions

Current through June,
				2024
Whenever written exceptions have been timely filed and a
				  party has requested the opportunity to present oral argument, all parties to
				  the proceedings shall be afforded the opportunity to present oral argument to
				  the commission concerning the decision. The commission shall personally
				  consider the whole record or portions of the record as may have been cited by
				  the parties either in support of or in opposition to the decision. All parties
				  shall be served with notice of the time and place of argument at least five
				  days prior to the time for argument. The commission shall issue a written final
				  decision and order, either adopting, modifying, or reversing, in whole or in
				  part, the hearings examiner's decision in complaints alleging violations of
				  chapters
				  368,
				  378, or
				  489, HRS, within a reasonable time
				  after argument has been heard. The commission shall issue a written final
				  decision and order in complaints alleging violations of chapter
				  515, HRS, within one year of the date
				  of the filing of the complaint, unless the commission finds it impracticable to
				  do so. In complaints alleging violations of chapter
				  515, HRS, complainants and
				  respondents shall be provided with written notice if the commission cannot
				  issue a written final decision and order within one year of the date of the
				  filing of the complaint.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-57 - No written exceptions

Current through June,
				2024
When no written exceptions have been filed, the commission,
				  in complaints alleging violations of chapters
				  368,
				  378, or
				  489, HRS, shall issue a written final
				  decision and order, either adopting or modifying or reversing, in whole or in
				  part, the hearings examiner's decision, within a reasonable time after the
				  hearings examiner's decision has been filed. The commission shall issue a
				  written final decision and order in complaints alleging violations of chapter
				  515, HRS, within one year of the date
				  of the filing of the complaint, unless the commission finds it impracticable to
				  do so. In complaints alleging violations of chapter
				  515, HRS, complainants and
				  respondents shall be provided written notice if the commission cannot issue a
				  written final decision and order within one year of the date of the filing of
				  the complaint. The commission shall state with specificity in the final
				  decision the reasons for any modification or reversal, in whole or in part, of
				  the hearings examiner's decision
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-58 - Savings clause

Current through June,
				2024
Savings clause. If any provision of these rules, or the
				  application thereof to any person or circumstance is held invalid, the
				  invalidity does not affect other provisions or applications of these rules
				  which can be given effect without the invalid provision or application, and to
				  this end the provisions of these rules are severable.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 2 - DECLARATORY RELIEF › Section 12-46-61 - Contents of petition for declaratory relief

Current through June,
				2024
The commission's executive director or any interested person
				  may petition the commission for a declaratory ruling as to the applicability of
				  any HRS provision or of any rule adopted by the commission to a factual
				  situation. Each petition shall state concisely and with particularity the facts
				  giving rise to the petition, including the petitioner's interest, reasons for
				  filing the petition, and the names of any potential respondents, the provision
				  or rule in question, the issues raised, and petitioner's position or
				  contentions with respect thereto.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 2 - DECLARATORY RELIEF › Section 12-46-62 - Memorandum of authorities in support of petition

Current through
				June, 2024
Petitioner shall also file, together with any petition for
				  declaratory relief and at the time the petition is filed, a memorandum of
				  authorities in support of the petition which shall contain a full discussion of
				  the reasons, including legal authorities, supportive of the petitioner's
				  position.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 2 - DECLARATORY RELIEF › Section 12-46-63 - Disposition of petition

Current through June,
				2024
(a) The commission,
				as expeditiously as possible after the filing of a petition for declaratory
				relief, may refuse to consider any petition for declaratory relief. Without
				limiting the generality of the foregoing, the commission may refuse
				consideration where:
(1) The petition fails
				to substantively conform with section 12-46-61 or is not supported by a
				memorandum of authorities in support of the petition;
(2) The petition is frivolous;
(3) The matter is not within the jurisdiction
				of the commission;
(4) The petition
				is based on hypothetical or speculative facts of either liability or damages;
				or
(5) There is a genuine
				controversy of material fact, the resolution of which is necessary before any
				order or declaratory relief may issue.
(6) There is any other reason justifying
				denial of the petition.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 2 - DECLARATORY RELIEF › Section 12-46-64 - Parties

Current through June, 2024
Unless a petition has been summarily disposed of pursuant to
				  section 12-46-63, in all petitions for
				  declaratory relief where the commission's executive director is not the
				  petitioner, the executive director shall be made a party respondent to the
				  proceedings and shall be served accordingly.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 2 - DECLARATORY RELIEF › Section 12-46-65 - Memorandum in opposition

Current through June,
				2024
Each respondent, within fifteen days after the receipt of the
				  petition, may file and serve upon the petitioner a memorandum in opposition
				  stating concisely and fully the respondent's position or contentions and
				  reasons, including legal authorities.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 2 - DECLARATORY RELIEF › Section 12-46-66 - Intervention and intervenor's memorandum of authorities

Current
				through June, 2024
Unless the petition has been summarily disposed of pursuant
				  to section
				  12-46-65 and subject to section
				  12-46-25, any interested person
				  may request intervention in a proceeding for declaratory relief. Any person
				  permitted to intervene in a proceeding for declaratory relief may file and
				  serve upon petitioner, a memorandum of authorities which shall state concisely
				  and fully the intervenor's position or contentions and reasons, including legal
				  authorities. The commission's executive director shall be deemed a party
				  without the necessity of formal intervention.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 2 - DECLARATORY RELIEF › Section 12-46-67 - Request for additional facts or supplemental memorandum

Current
				through June, 2024
The commission or the hearings examiner at any time may
				  request of the petitioner or any party, a statement of additional facts or a
				  memorandum, the purpose of which is to clarify a specific factual issue,
				  position, contention, or issue provided the request shall aid the commission in
				  effectuating the ends of justice, or in achieving its purposes, and shall not
				  unduly delay the proceedings or hinder, harass, or unreasonably prejudice any
				  part.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 2 - DECLARATORY RELIEF › Section 12-46-68 - Notice of argument

Current through June,
				2024
All parties shall be given written notice of the hearing of
				  argument at least fifteen days before the time of the argument. The notice
				  shall include:
(1) The date, time,
				place, and nature of the argument;
(2) The legal authority under which the
				argument is to be heard;
(3)
				Particular sections of the statutes and rules involved; and
(4) A short and concise statement of issues
				involved, the basic facts giving rise to the petition.
The notice shall further apprise each party of their right to
				  retain legal counsel if so desired.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 2 - DECLARATORY RELIEF › Section 12-46-69 - Argument

Current through June, 2024
Argument shall be heard either before the commission or a
				  hearings examiner duly designated. All parties shall be afforded full
				  opportunity to present argument on all issues involved. The argument shall be
				  at the time and place set forth in the notice of argument but at that time and
				  place may be continued from day to day and adjourned to a later day or to a
				  different place without notice other than the announcement thereof at the
				  hearing.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 2 - DECLARATORY RELIEF › Section 12-46-70 - Material issue of fact, public interest

Current through June,
				2024
If, at any time, it appears that there exists a genuine
				  controversy of material fact the resolution of which is necessary before any
				  order of declaratory relief may issue, or that the petition raises issues of
				  public concern and interest that a proceeding for rule relief would more fairly
				  and effectively aid the commission in achieving its purposes and goals and
				  protect that public concern or interest, the commission or hearings examiner
				  may:
(1) Without suggestion or on
				motion of any party dismiss the petition for declaratory relief and allow same
				to be refiled as a complaint or petition for hearing or rule relief;
(2) Convert the proceeding to one of hearing
				or rule relief and proceed thereafter as if the complaint or petition had been
				brought originally for hearing or rule relief. If the proceeding is converted
				to a proceeding for hearing relief, the issues may be restricted to those
				material facts in issue.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 2 - DECLARATORY RELIEF › Section 12-46-71 - Proposed findings of fact and conclusions of law

Current
				through June, 2024
(a)
				The parties, upon first obtaining the permission of the commission or hearings
				examiner, may file and serve upon all other parties to the proceeding, written
				proposed findings of fact and conclusions of law together with the reasons
				therefor within fifteen days after the close of the argument or submission of
				requested or permitted memoranda, whichever is later. The submission, wherever
				possible, shall contain specific references to the record and shall state the
				authorities relied upon.
(b) Any
				grant of permission shall be at the sole discretion of the commission or
				hearings examiner. When the argument has been conducted by a hearings examiner,
				the parties shall not, under any circumstances, file proposed findings of fact
				and conclusions of law with the commission.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 2 - DECLARATORY RELIEF › Section 12-46-72 - Commission's decision

Current through June,
				2024
(a) When the
				argument has been held before the commission, the commission, as expeditiously
				as possible after the close of the argument or submission of all permitted or
				requested memoranda, whichever is later, shall issue its final decision and
				order.
(b) When the petition has
				been contested, and the commission's decision and order is adverse to any
				party, the commission shall also issue and serve upon each party to the
				proceeding, together with its final decision and order, separate findings of
				fact and conclusions of law.
(c)
				All final decisions and orders and any findings of fact and conclusions of law
				issued by the commission shall be based upon the whole record and supported by
				reliable probative and substantial evidence, including those facts on which the
				commission properly took judicial notice.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 2 - DECLARATORY RELIEF › Section 12-46-73 - Hearing Examiner's Decision

Current through June,
				2024
(a) When the
				argument has been held before a hearings examiner, the hearings examiner, as
				expeditiously as possible after the close of the argument or submission of all
				requested or permitted memoranda, whichever is later, shall file with the
				commission the hearings examiner's decision and any proposed order.
(b) When the petition has been contested and
				the decision and order is adverse to any party, the hearings examiner shall
				file with the decision and order separate findings of fact and conclusions of
				law.
(c) The decision, findings of
				fact, conclusions of law, and any order proposed by the hearings examiner shall
				be based upon the whole record and supported by the reliable, probative, and
				substantial evidence, including those facts of which the hearings examiner
				properly took official notice.
(d)
				The hearings examiner shall serve a copy of the decision and any proposed
				order, together with any findings of fact and conclusions of law upon each
				party by personal service or by registered or certified mail, return receipt
				requested. Where notice of the argument has been served by publication and the
				party so served has failed to appear at the argument, service of the decision
				is complete upon its mailing to the party at the party's last known
				address.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 2 - DECLARATORY RELIEF › Section 12-46-74 - Commission's action on proposed decisions

Current through June,
				2024
(a) Where the
				petition has been contested, any party adversely affected by the hearings
				examiner's decision within fifteen days after the receipt of a copy of the
				decision, may file with the commission written exceptions to the whole or any
				part of the decision and request review by the commission. Each written
				exception shall specify the portions of the record and authorities relied upon
				to sustain each point. A copy of the written exceptions shall be served by the
				party so excepting upon each party to the proceeding, and upon the hearings
				examiner. Unless the time has been extended, no written exceptions shall be
				filed or accepted for filing after the time specified, except by leave of the
				commission for good cause shown.
(b) Where the petition has been contested and
				written exceptions filed, any party may file and serve upon all other parties
				and the hearings examiner a statement in support of the decision within fifteen
				days after receipt of a copy of the written exceptions.
(c) Where the petition has been contested and
				whenever written exceptions have been timely filed, all parties to the
				proceedings shall be afforded the opportunity to present oral argument to the
				commission concerning the proposed decision. The commission shall personally
				consider the whole record or portions of the record as may have been cited by
				the parties either in support or in opposition to the decision. All parties
				shall be served with notice of the time and place of argument at least five
				days prior to the time for argument. Within a reasonable time after argument
				has been heard, the commission shall issue a final decision and order, either
				affirming, modifying, or reversing, in whole or in part, the hearing examiner's
				decision.
(d) Where the petition
				has not been contested, or if no written exceptions have been filed, the
				commission, within a reasonable time after the hearings examiner's decision has
				been filed, shall issue a written final decision and order, either adopting
				modifying, or reversing, in whole or in part, the hearings examiner's proposed
				decision. The commission shall state with specificity in the final decision the
				reasons for any modification or reversal, in whole or in part, of the hearings
				examiner's proposed decision.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 2 - DECLARATORY RELIEF › Section 12-46-75 - Order, effect

Current through June,
				2024
Any decision and order of declaratory relief, whether
				  granting or denying the petition, shall have the same force and effect as other
				  decisions and orders issued by the commission.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 3 - RULE RELIEF › Section 12-46-81 - Contents of petition for rule relief

Current through June,
				2024
The commission's executive director or any interested person
				  may petition the commission for the amendment, adoption, or repeal of a rule.
				  The petition for rule relief shall set forth the test of the rule to be
				  repealed, or the test of any proposed rule, the adoption of which is being
				  sought, or the test of any existing rule, the amendment of which is being
				  sought, together with the proposed amendment. The petition shall further state
				  concisely and with particularity the facts and circumstances giving rise to the
				  petition, including the petitioner's interest and reasons for filing the
				  petition, the necessity for the relief and the anticipated effect or impact of
				  the relief, the questions or issues raised and petitioner's position or
				  contentions with respect thereto.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 3 - RULE RELIEF › Section 12-46-82 - Disposition

Current through June, 2024
(a) The commission, within the time permitted
				by chapter
				91, HRS, shall either deny the
				petition further consideration, or initiate public rulemaking procedures in
				accordance with this subchapter and chapter
				91, HRS.
(b) Without limiting the generality of the
				foregoing, the commission may deny any petition which:
(1) Fails to substantially conform with the
				requirements of section 12-46-81;
(2) Discloses no sufficient reasons
				justifying the institution of public rulemaking procedures; or
(3) Is frivolous.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 3 - RULE RELIEF › Section 12-46-84 - Determination final

Current through June, 2024
Unless otherwise provided by law, the petitioner shall have
				  no right to move the commission for reconsideration or to seek judicial review
				  of any determination.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 3 - RULE RELIEF › Section 12-46-85 - Additional facts or supplemental memorandum

Current through
				June, 2024
The commission may require the petitioner or any person or
				  the commission's executive director to submit a statement of additional facts
				  or a memorandum, the purpose of which is to clarify a specific factual issue,
				  position, or contention which will reasonably aid the
				  commission.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 3 - RULE RELIEF › Section 12-46-86 - Public hearing

Current through June,
				2024
Subject to sections
				  91-4
				  and
				  91-17, HRS, a public
				  hearing shall be held for a petition for rule relief considered by the
				  commission. Notice of the public hearing shall be given at least thirty days
				  before the public hearing is held. The hearing shall be at the time and place
				  set forth in the notice of public hearing but at that time and place may be
				  continued from day to day or adjourned to a later day or to a different place
				  without notice other than the announcement thereof at the hearing. The
				  commission shall afford, the commission's chief attorney and all interested
				  persons an opportunity to present data, their views or arguments, orally or in
				  writing.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 3 - RULE RELIEF › Section 12-46-87 - Notice of public hearing

Current through June,
				2024
(a) The commission
				shall publish notice of the public hearing in a newspaper of general
				circulation throughout the State, and which is printed and issued at least
				twice weekly. The notice shall be published once in two consecutive weeks, and
				the last published notice shall appear at least thirty days prior to the
				hearing.
(b) The commission shall
				further transmit, by first class mail, the notice to all interested persons who
				have timely requested in writing the notice.
(c) The notice shall state the time, date,
				and place for the public hearing and shall contain the substance of the
				proposed rule change to be considered at the public hearing.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 3 - RULE RELIEF › Section 12-46-88 - Procedure at public hearing

Current through June,
				2024
At the commencement of the public hearing the member of the
				  commission presiding at the public hearing shall read the notice of hearing and
				  shall then briefly prescribe the procedure to be followed at the public
				  hearing. All witnesses testifying at the public hearing shall state their name,
				  address, and who, if anyone, the witness represents, and other information as
				  the presiding member of the commission may request. Every witness shall be
				  subject to questioning by members of the commission or by any other
				  representative of the commission. Questioning of the witnesses by other persons
				  shall not be permitted except when the presiding member of the commission
				  expressly permits that questions.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 3 - RULE RELIEF › Section 12-46-89 - Transcript of the testimony

Current through June,
				2024
Testimony given at the public hearing shall not be recorded
				  verbatim unless the commission at its sole discretion, either without
				  suggestion or upon the request of any interested party, orders otherwise. All
				  written documents shall be received and made part of the public record at the
				  discretion of the commission.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 3 - RULE RELIEF › Section 12-46-90 - Decision

Current through June, 2024
(a) The commission shall render its decision
				at the public hearing or at a time, date, and place as is announced at the
				public hearing. The commission, upon the request of any interested person,
				shall issue a concise statement of the principle reasons for and against its
				decision. In making its decision, the commission shall consider all written and
				oral submissions respecting the proposed rule relief. Unless otherwise provided
				by law, the requirements of section 12-46-37 shall not apply to a decision
				rendered pursuant to this section.
(b) Unless otherwise provided by law, any
				decision rendered pursuant to this section shall not be subject to a motion for
				reconsideration or judicial review.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 3 - RULE RELIEF › Section 12-46-91 - No restriction on commission

Current through June,
				2024
Nothing contained in this subchapter shall be construed to
				  prohibit or restrict the right of the commission from initiating its own
				  rulemaking proceeding on any matter, whether disclosed in any petition or
				  not.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 4 - SEX DISCRIMINATION › Section 12-46-101 - General provisions

Current through June,
				2024
(a) Chapter
				378, HRS, prohibits any employer or
				other covered entity from discriminating in employment because of sex except
				where sex is a bona fide occupational qualification (BFOQ). Chapter
				378, HRS, and this subchapter apply
				to males and females alike.
(b) The
				principle of non-discrimination requires that individuals be considered on the
				basis of individual capacities and not on the basis of any characteristics
				generally attributed to a group.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 4 - SEX DISCRIMINATION › Section 12-46-102 - Bona fide occupational qualification (BFOQ)

Current through
				June, 2024
(a) The
				burden of proving that sex is a bona fide occupational qualification (BFOQ)
				rests upon the employer or other covered entity seeking the
				exception.
(b) The BFOQ exception
				as to sex shall be strictly and narrowly construed. The commission believes
				that most jobs can be performed equally well by a male or a female, and that
				individual differences rather than sex differences are the determining
				factors.
(c) An employer or other
				covered entity may make an inquiry of the commission as to whether sex is a
				BFOQ for a particular job. The commission shall give informal opinions in
				response to such inquiries.
(d) The
				following situations do not constitute BFOQ exceptions to chapter
				378, HRS:
(1) The refusal to hire or promote a female
				because of her sex based on assumptions of the comparative employment
				characteristics of females in general, e.g., the assumption that the absence or
				turnover rate among females is higher than among males; or
(2) The refusal to hire or promote an
				individual based on stereotyped characterizations of the sexes, e.g., that
				males are less capable of assembling intricate equipment; that females are less
				capable of being aggressive salespersons; or
(3) The refusal to hire, refer, recommend, or
				consider for a position, or promote an individual because of preferences or
				sense of propriety of co-workers, the employer, client, or customer;
				or
(4) The fact that the employer
				may have to provide separate facilities because of a person's sex will not
				justify discrimination under the BFOQ exception unless the expense would
				clearly be unreasonable.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 4 - SEX DISCRIMINATION › Section 12-46-103 - Pre-employment practices

Current through June,
				2024
(a) Employers or
				other covered entities engaged in recruiting activity shall recruit employees
				of both sexes for all jobs. Employers or other covered entities placing
				advertisements indicating any sex preference, limitation, specification, or
				discrimination are in violation of chapter
				378, HRS, unless sex is a BFOQ for
				the particular position involved.
(b) It shall be unlawful for any publication
				or other media to separate listings of job openings into "male" and "female"
				classifications or use job titles which specify one sex.
(c) A pre-employment inquiry shall not ask
				"male---, female---" or "Mr., Mrs., Miss, Ms." unless the inquiry is a
				BFOQ.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 4 - SEX DISCRIMINATION › Section 12-46-104 - Employee selection

Current through June,
				2024
(a) Tests of
				physical agility or strength shall not be used unless the test is administered
				pursuant to a BFOQ. No applicant or employee shall be refused the opportunity
				to demonstrate that he or she has the requisite strength or agility to perform
				the job in question.
(b) Use of
				height or weight standards which discriminate against one sex or the other is
				unlawful unless pursuant to a BFOQ.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 4 - SEX DISCRIMINATION › Section 12-46-105 - Terms, conditions, and privileges of employment

Current
				through June, 2024
(a)
				Wages shall not be related to or based on the sex of the employees.
(b) The employer shall not restrict one sex
				to certain job classifications. The employer shall make jobs available to all
				qualified employees in all classifications without regard to sex.
(c) Employees of both sexes shall be treated
				equally in regard to all training programs, opportunities for promotions, and
				fringe benefits.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 4 - SEX DISCRIMINATION › Section 12-46-106 - Pregnancy, childbirth, and related medical conditions; general policy

Current through June, 2024
Females shall not be penalized in their terms or conditions
				  of employment because they require time away from work on account of disability
				  resulting from pregnancy, childbirth, or related medical
				  conditions.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 4 - SEX DISCRIMINATION › Section 12-46-107 - Hiring, retention, and accommodation of pregnant females

Current through June, 2024
(a) An employer shall not exclude from
				employment a pregnant female applicant because of her pregnancy.
(b) It is an unlawful discriminatory practice
				to discharge a female from employment or to penalize her in terms, conditions,
				and privileges of employment because she requires time away from work for
				disability due to and resulting from pregnancy, childbirth, or related medical
				conditions.
(c) An employer shall
				make every reasonable accommodation to the needs of the female affected by
				disability due to and resulting from pregnancy, childbirth, or related medical
				conditions.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 4 - SEX DISCRIMINATION › Section 12-46-108 - Leave due to pregnancy, childbirth, or related medical conditions

Current through June, 2024
(a) Disability due to and resulting from
				pregnancy, childbirth, or related medical conditions shall be considered by the
				employer to be justification for a leave, with or without pay, by the female
				employee for a reasonable period time. "Reasonable period of time" as used in
				this section shall be determined by the employee's physician, with regard for
				the employee's physical condition and the job requirements.
(b) The employer may request a doctor's
				certificate estimating the length of leave and the estimated commencement and
				termination dates of leave required by the employee.
(c) A female employee shall be reinstated to
				her original job or to a position of comparable status and pay, without loss of
				accumulated service credits and privileges. The employer may request, prior to
				the employee's return, a medical certificate from the employee's physician
				attesting to her physical condition and approving her return to work.
(d) Chapter
				378, HRS, does not require any
				employer to grant paid or unpaid child care leave of absence. Any employer
				providing such leaves shall do so without regard to the sex of the employee
				applying for such leave.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 4 - SEX DISCRIMINATION › Section 12-46-109 - Sexual harassment

Current through June,
				2024
(a) Harassment on
				the basis of sex is a violation of chapter
				378, HRS. Unwelcome sexual advances,
				requests for sexual favors, and other verbal or physical conduct or visual
				forms of harassment of a sexual nature constitute sexual harassment when:
(1) Submission to that conduct is made either
				explicitly or implicitly a term or condition of an individual's employment;
				or
(2) Submission to or rejection
				of that conduct by an individual is used as the basis for employment decisions
				affecting that individual; or
(3)
				That conduct has the purpose or effect of unreasonably interfering with an
				individual's work performance or creating an intimidating, hostile, or
				offensive working environment.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 4 - SEX DISCRIMINATION › Section 12-46-110 - Employment agencies

Current through June,
				2024
(a) Employment
				agencies shall not:
(1) Refer or refuse to
				refer applicants for jobs upon the basis of the sex of the applicant;
(2) Maintain separate application forms or
				separate files for male and female jobs and job candidates;
(3) Accept or process any job order which
				contains or expresses directly or indirectly any limitation, specification,
				preference, or discrimination as to sex, unless based on a BFOQ; and
(4) Solicit and interview applicants on the
				basis of sex unless sex is a BFOQ.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 4 - SEX DISCRIMINATION › Section 12-46-111 - Labor organizations

Current through June,
				2024
(a) Labor
				organizations shall not utilize information on applications for membership
				which would signify the sex of an applicant.
(b) It shall be an unlawful discriminatory
				practice for a labor organization to indicate in any manner that an individual
				is ineligible for membership because of sex or that there are different
				standards which are based on sex.
(c) Apprenticeship programs shall be open to
				both sexes in all jobs for which sex is not a BFOQ.
(d) A labor organization shall represent all
				members fairly without regard to sex. Female and male members shall be granted
				the same privileges, powers, rights, duties, and responsibilities.
(e) Labor organizations maintaining union
				hiring halls shall be bound by the rules applicable to employment agencies in
				section 12-46-110.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 5 - MARITAL STATUS DISCRIMINATION › Section 12-46-121 - General policy

Current through June,
				2024
Chapter
				  378, HRS, prohibits any employer or
				  other covered entity from discriminating in employment because of the
				  individual's marital status. Chapter
				  378, HRS, and policies apply to males
				  and females alike.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 5 - MARITAL STATUS DISCRIMINATION › Section 12-46-122 - Bona fide occupational qualification (BFOQ)

Current through
				June, 2024
The BFOQ exception as to marital status shall be strictly and
				  narrowly construed. The burden of proving that marital status is a BFOQ rests
				  upon the employer or other covered entity seeking to rely on the exception. The
				  determination of the legality of an alleged BFOQ will be made from an
				  examination of the employer's business requirements and the totality of the
				  circumstances, on a case by case basis.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 5 - MARITAL STATUS DISCRIMINATION › Section 12-46-123 - Pre-employment practices and policies

Current through June,
				2024
(a) An employer or
				other covered entity placing a help wanted advertisement indicating any marital
				status preference, limitation, or specification may request an advisory
				determination from the commission as to whether it is a violation of the
				statute. The commission shall give informal opinions in response to such
				requests.
(b) A pre-employment
				inquiry or application shall not ask:
(1)
				Mr., Mrs., Miss, Ms., or
(2)
				Single, married, divorced, widowed, separated, etc.; or
(3) Name and ages of spouse and children;
				or
(4) Spouse's place of
				employment.