Haw. Code R. § 12-46-12 - Investigation, fact-finding conference, and discovery
(a)
After the filing of a complaint, the executive director shall investigate the
charges contained in the complaint. In complaints alleging violations of
chapter 515, HRS, investigations shall be commenced within thirty days after
filing.
(b) As part of its
investigation, the executive director may require all parties to attend a
fact-finding conference.
(c) The
fact-finding conference is primarily for the purposes of:
(1) Ascertaining the positions of the
parties;
(2) Identifying the issues
in dispute;
(3) Resolving those
issues that can be resolved;
(4)
Obtaining evidence; and
(5)
Determining the likelihood of a predetermination settlement.
(d) The commission's executive
director is authorized to issue subpoenas for the production of documents or
the examination of witnesses deemed necessary for the investigation of a
complaint. The executive director can require parties to provide written
responses to a complaint and other requests for information or discovery,
including but not limited to, interrogatories and requests for admissions or
for the production of documents.
(e) If a party or a witness refuses to honor
a subpoena or if a party fails to respond to a complaint or discovery requests
within the time allowed for such responses under the Hawaii Rules of Civil
Procedure, the commission's executive director is authorized to file a petition
for appropriate temporary relief in the circuit court.
(f) An investigation shall be concluded
within one hundred eighty days of the filing of a complaint alleging violations
of chapters 368, 378, or 489, HRS, or within one hundred days of the filing of
a complaint alleging violations of chapter 515, HRS; provided that the
commission may grant an extension. In complaints alleging violations of chapter
515, HRS, complainants and respondents shall be provided written notice if the
investigation cannot be completed within one hundred days.
Notes
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