Haw. Code R. § 12-10-77 - Filing of complaint
(a) Whenever a
person has allegedly violated section
386-98,
HRS, a written complaint, identifying the person charged and indicating the
date and nature of the violation with related documentation, shall be filed
with the director, provided that it is submitted within two years of the date
of the alleged violation.
(b) The
director shall send a copy of the complaint to the person against whom the
complaint was filed and the person shall have thirty calendar days after the
date the director sent the complaint by which to respond.
(c) The director or a duly appointed
representative shall investigate the statements of the complainant and the
person against whom the complaint has been filed and may, upon not less than
twenty calendar days notice to the parties involved, hold a hearing pursuant to
section
386-86,
HRS. If the complaint is dismissed or no penalty is assessed, the director may
issue a decision without a hearing.
(d) The decision of the director shall be
sent to the respective parties in interest. If a violation of section
386-98,
HRS, is found to have occurred, the director shall send a copy of the decision
to the appropriate licensing boards.
(e) Requests for withdrawal of a complaint
shall be submitted in writing. Upon receipt of this request, the director may
dismiss the complaint and notify the person against whom the complaint has been
filed.
(f) Any person aggrieved by
a final decision of the director may file an appeal to the labor and industrial
relations appeals board within twenty calendar days after a copy has been sent
to each party.
Notes
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