Haw. Code R. § 12-46-15 - Conciliation agreement

(a) In attempting to conciliate a case after a determination of reasonable cause has been made, the executive director shall endeavor to achieve a resolution of all violations found and to obtain agreement that the respondent shall eliminate the unlawful discriminatory practice and provide appropriate relief.

(b) Where conciliation efforts are successful, the terms of the conciliation shall be reduced to a written agreement which shall be signed by the parties and the executive director; provided that, in the judgment of the executive director, the agreement provides full and fair relief to the complainant. A copy of the signed conciliation agreement shall be sent to the parties.

(c) Where the case has been referred to a hearings examiner, the parties shall not enter into a conciliation agreement without the approval of the commission's executive director.

(d) Where the complainant has refused to accept a proposed conciliation agreement, the commission's executive director and the respondent may enter into a conciliation agreement to which the complainant is not a party if the agreement does not affect the complainant's rights and if, in the commission's executive director's opinion, the agreement provides for:

(1) A just resolution of all violations found;

(2) The elimination of the unlawful discriminatory practice; and

(3) Appropriate affirmative action.

In that event, the commission's executive director shall close the case without the complainant's consent, shall issue a notice of right to sue, and report this action to the commission.

(e) The commission's executive director may refuse to approve a conciliation agreement, even though the individual parties have agreed on the proposed terms, if the commission's executive director believes the remedies outlined in the agreement are inadequate to eliminate the unlawful discriminatory practice complained of or fail to provide appropriate affirmative action. In that event, the case may be closed as having been settled on terms not approved by the commission's executive director and the commission need not take any action to enforce the agreement if its terms are violated.

(f) A proposed conciliation agreement shall be enclosed when a demand letter is sent to the respondent in accordance with section 12-46-17(b).

(g) Any agreement which conciliates alleged violations of chapter 515, HRS, shall be subject to the approval of the commission and shall be made public unless the complainant and respondent otherwise agree and the commission determines that disclosure is not required to further purposes of such chapter.

Notes

Haw. Code R. § 12-46-15

[Eff 12/31/90; am 5/1/92; am 11/4/93] (Auth: HRS § 368-3) (Imp: HRS §§ 368-12, 368-13, 515-18)