HAR §12-27-24. Dismissal of complaint

(a) The department shall dismiss a complaint if: (1) The department determines that the complaint was not filed in accordance with sections 12-27-20 and 12-27-21; (2) At any point after the filing of a complaint, it is determined that the department does not have jurisdiction over the allegations contained in the complaint; (3) It is determined after investigation that the alleged unlawful act by the employer was not substantiated or supported by available evidence; (4) The complainant failed to cooperate with the department regarding the complaint or investigation, and the department received no response from the complainant within ten days after the date of the mailing of the notice to the complainant of the department’s intent to dismiss the complaint; or (5) The complainant could not be located, and the complainant did not respond within ten days to a notice sent by the department to the complainant’s last known address. (b) In the event of a dismissal of a complaint, the department shall issue a written notification to the complainant and employer of the reason or reasons for dismissal by certified mail, return receipt requested. [Eff 2/3/05 ] (Auth: HRS §398-11) (Imp: HRS §§398-9,398-21, 398-23) 27-22