HAR §12-46-13. Predetermination settlement

(a) At any time after the filing of a complaint, but prior to the issuance of a determination, the executive director may encourage the parties to resolve the complaint through a predetermination settlement. (b) If the complainant and the respondent agree to the terms of settlement, the settlement shall be reduced to writing, and be signed by the parties and the executive director. 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 sent by certified mail, return receipt requested, to the complainant and the respondent. (c) If a predetermination settlement is achieved, the terms thereof shall not attribute fault to any of the parties involved. (d) The commission shall not subject either party to prejudice as a result of the party's either participating or refusing to participate in a predetermination settlement attempt. (e) Participation by the respondent in a predetermination settlement attempt will not be construed as evidence of a violation of the applicable chapter or part of HRS or a waiver of the right to a commission determination on the issues raised by the complaint if a settlement cannot be achieved. (f) A predetermination settlement shall not affect the processing of any other complaint, including, but not limited to, a commission initiated complaint or a complaint in which the allegations are like or related to the individual allegations settled. [Eff 12/31/90; am 5/1/92; comp ] (Auth: HRS §368-3) (Imp: HRS §368-13) 46-24 ( §12-46-14 Notice of determination, conference, conciliation, and persuasion. (a) When the executive director finds reasonable cause to believe that an unlawful discriminatory practice has occurred or is occurring, the commission's executive director shall notify the parties of this determination. (b) The executive director shall immediately endeavor to eliminate the unlawful discriminatory practice by conference, conciliation, and persuasion. (c) The executive director may require any or all parties to attend a conciliation conference for the purpose of attempting to informally resolve the matter. The parties shall be notified of time and place of the conciliation conference. (d) Should a respondent fail or refuse to confer and otherwise cooperate with the commission's executive director, or fail or refuse to make a good faith effort to resolve any dispute, the commission's executive director shall terminate efforts to conciliate the dispute. In that event, the commission's executive director shall send the respondent a demand letter and a proposed conciliation agreement in accordance with section 12-46-17. For complaints alleging violations of chapter 515, HRS, the executive director shall also notify the parties in said demand letter that an election may be made to file a civil action in lieu of an administrative hearing. [Eff 12/31/90; am 5/1/92; am 11/4/93; am and comp ] (Auth: HRS §368-3) (Imp: HRS §§368-13, 515-9)