Haw. Code R. § 12-46-10 - Jurisdiction over complaints filed with commission

(a) Complaints originally received by the commission shall be governed by the following procedures unless the commission has entered into an agreement with the EEOC that provides otherwise.

(b) When the complaint alleges an unlawful discriminatory practice over which the commission and the EEOC have concurrent jurisdiction, the commission's executive director shall:

(1) Furnish the appropriate district office of EEOC with a copy of the complaint and state whether the commission will investigate it or terminate proceedings; and

(2) Notify the complainant that the complaint has been filed with EEOC.

(c) Complaints over which the commission has no jurisdiction, but which are within the jurisdiction of the EEOC, shall be immediately referred to the EEOC.

(d) If the complaint is within the commission's jurisdiction but is not subject to the jurisdiction of the EEOC, the commission shall assume exclusive jurisdiction over the complaint upon receipt.

Notes

Haw. Code R. § 12-46-10

[Eff 12/31/90] (Auth: HRS 368-3) (Imp: HRS § 368-11; 42 U.S.C. §2000e - 5(c))