Haw. Code R. § 12-46-13 - Predetermination settlement

(a) At any time after the filing of a complaint, but prior to the issuance of a determination, the executive director may encourage the parties to resolve the complaint through a predetermination settlement.

(b) If the complainant and the respondent agree to the terms of settlement, the settlement shall be reduced to writing, and be signed by the parties and the executive director. 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 sent by certified mail, return receipt requested, to the complainant and the respondent.

(c) If a predetermination settlement is achieved, the terms thereof shall not attribute fault to any of the parties involved.

(d) The commission shall not subject either party to prejudice as a result of the party's either participating or refusing to participate in a predetermination settlement attempt.

(e) Participation by the respondent in a predetermination settlement attempt will not be construed as evidence of a violation of the applicable chapter or part of HRS or a waiver of the right to a commission determination on the issues raised by the complaint if a settlement cannot be achieved.

(f) A predetermination settlement shall not affect the processing of any other complaint, including, but not limited to, a commission initiated complaint or a complaint in which the allegations are like or related to the individual allegations settled.

Notes

Haw. Code R. § 12-46-13

[Eff 12/31/90; am 5/1/92] (Auth: HRS § 368-3) (Imp: HRS § 368-13)