Haw. Code R. § 12-27-31 - Notice of right to sue

(a) A notice of right to sue shall authorize a complainant alleging a violation of the statute to bring a civil suit pursuant to section 398-25, HRS, within ninety days after receipt of the notice.

(b) At any time after the filing of a complaint with the department, a complainant may request, in writing, that the department issue a notice of right to sue.

(c) Upon a request made under subsection (b), the department may issue a notice of right to sue, provided that the department has not:

(1) Previously issued a notice;

(2) Entered into a conciliation agreement to which the complainant is a party; or

(3) Filed a civil action.

(d) The department may issue a notice of right to sue:

(1) Upon dismissal of a complaint pursuant to sections 12-27-24 and 12-27-25; or

(2) Where the department has entered into a conciliation agreement to which the complainant is not a party, pursuant to subsection 12-27-28(b).

Notes

Haw. Code R. § 12-27-31

[Eff 2/3/05] (Auth: HRS § 398-11) (Imp: HRS §§ 398-9, 398-25, 398-27)