HAR §12-26-14. Conciliation agreement

(a) In attempting to conciliate a case after a determination of reasonable cause has been made, the investigating officer shall endeavor to achieve a resolution of all violations found and to obtain an agreement that the respondent will eliminate the unlawful 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 investigating officer; provided that in the judgment of the investigating officer, the agreement provides full relief to the complainant, appropriate affirmative action, and payment of the fine. A copy of the signed conciliation agreement shall be sent to the parties. (c) Where the complainant has refused to accept a proposed conciliation agreement, the department 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 department's opinion, the agreement provides for: (1) A just resolution of all violations found; (2) The elimination of the unlawful practice; 26-8 §12-26-15 (3) Appropriate affirmative action; and (4) Payment of the fine. In that event, the department shall close the case without the complainant's consent and issue a notice of right-to-sue. (d) The department may refuse to approve a conciliation agreement, even though the individual parties have agreed on the proposed terms, if the department believes the remedies outlined in the agreement are inadequate to eliminate the unlawful practice complained of or fail to provide appropriate affirmative action. In that event, the case may be closed, provided respondent has paid the fine, as having been settled on terms not approved by the department, and the department need not take any action to enforce the agreement if its terms are violated. [Eff MAR 21 1986] (Auth: HRS §378-27) (Imp: HRS §§378-25, 378-28)