HAR §12-26-10. Dismissal of complaint

(a) The investigating officer shall dismiss the complaint if: (1) It is determined that the department does not have jurisdiction over the complaint; (2) It is determined after investigation that reasonable cause does not exist to believe that the alleged unlawful practice has been committed; (3) The complainant cannot be located; provided that reasonable efforts have been made to locate the complainant and the complainant has not responded within thirty days to a notice sent by the department to the complainant's last known address; (4) The respondent has made a predetermination settlement offer as described in section 12-26-12, which is in writing and specific in its terms, and the complainant refuses to accept the offer; provided that the offer, as determined by the department, would afford full relief for the harm alleged by 26-5 §12-26-10 the complainant and the complainant fails to accept the offer not later than thirty days after actual notice of the offer; or (5) The complainant has failed to cooperate fully in the investigation or conciliation of a complaint by: (A) Failing or refusing to provide the department with requested information; (B) Failing or refusing to appear or to be available for interviews or conferences as the department deems necessary; or (C) Otherwise failing or refusing to cooperate to the extent that the department is unable to resolve the complaint; provided that after due notice of the department's intent to dismiss the complaint, the complainant has had thirty days in which to respond. (b) In the event of any dismissal of a complaint: (1) The complainant shall be notified of: (A) The reasons for the dismissal; and (B) The right to sue; (2) The respondent shall be notified in writing of the dismissal and the reasons therefor. (c) The dismissal of a complaint may be reconsidered by the department on its own initiative at any time not later than ninety days after the date of the mailing of the notice of dismissal. Written notice of the reconsideration shall be provided by the department to all the parties. [Eff MAR 21] (Auth: HRS §378-27) (Imp: HRS §378-25)