HAR §12-27-26. §12-27-25 Predetermination settlement

(a) Pursuant to section 398-22, HRS, the department may dismiss a complaint in which the complainant and employer agree to settle prior to the issuance of a determination. (b) The department may dismiss a complaint when the complainant refuses to accept an offer by the employer which the department determines would afford a just resolution for the harm alleged by the complainant, and the complainant fails to accept the offer within thirty days after the actual notice of the offer. (c) Any predetermination settlement shall be in writing and specific in its terms. The written terms of the settlement shall be signed by the complainant, the employer, and the department. (d) 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 mailed or delivered to the complainant and employer. (e) Participation by the employer in a predetermination settlement attempt will not be construed as evidence of a violation of the statute, or a waiver of the right to a department determination on the issues raised by the complaint if a settlement cannot be achieved. [Eff 2/3/05 ] (Auth: HRS §398-11)(Imp: HRS §398-22) §12-27-26 Investigation and fact-finding conference. (a) After the filing of a complaint, the department shall conduct an investigation in accordance with section 398-23, HRS. (b) As part of the investigation, the department may require the complainant and employer to attend a fact-finding conference. (c) The fact-finding conference is primarily for the purposes of: (1) Ascertaining the positions of the complainant and employer; (2) Identifying the issues in dispute; (3) Resolving those issues that can be resolved; 27-23 §12-27-26 (4) Obtaining evidence; and (5) Determining the possibility of a predetermination settlement. (d) The department is authorized to issue subpoenas for the production of documents or the examination of witnesses deemed necessary for the investigation of a complaint, and to require complainant and employer to provide written responses to requests for information. (e) If the employer or a witness fails to respond to a subpoena within the time allowed, the department is authorized to file a petition for appropriate relief in the circuit court. (f) When the department determines after an investigation that the statute has been violated, the department shall notify the complainant and employer of its determination. [Eff 2/3/05 ] (Auth: HRS §398-11) (Imp: HRS §398-23)