Haw. Code R. § 12-27-25 - Predetermination settlement

(a) Pursuant to section 398-22, HRS, the department may dismiss a complaint in which the complainant and employer agree to settle prior to the issuance of a determination.

(b) The department may dismiss a complaint when the complainant refuses to accept an offer by the employer which the department determines would afford a just resolution for the harm alleged by the complainant, and the complainant fails to accept the offer within thirty days after the actual notice of the offer.

(c) Any predetermination settlement shall be in writing and specific in its terms. The written terms of the settlement shall be signed by the complainant, the employer, and the department.

(d) If approved, the case will be closed without a finding on the merits of the complaint, and a copy of the final predetermination settlement shall be mailed or delivered to the complainant and employer.

(e) Participation by the employer in a predetermination settlement attempt will not be construed as evidence of a violation of the statute, or a waiver of the right to a department determination on the issues raised by the complaint if a settlement cannot be achieved.

Notes

Haw. Code R. § 12-27-25

[Eff 2/3/05] (Auth: HRS § 398-11) (Imp: HRS § 398-22)