HAR §12-46-20
HAR §12-46-20. Notice of right to sue
Length: 416 wordsOfficial source
Cite as Haw. Code R. § 12-46-20
(a)
A notice
of right to sue shall authorize:
(1)
A complainant alleging violations of
chapters 368, 378, or 489, HRS, to bring a
civil suit pursuant to section 368-12, HRS,
within ninety days after receipt of the
notice;
(2)
A complainant alleging violations of chapter
515, HRS, issued such notice before a
finding of reasonable cause pursuant to
section 515-9(2), IIRS, to bring a civil suit
within ninety days of receipt of the notice
or one year after the filing of the
complaint, whichever is later; or
(3)
The executive director to file a civil suit
within ninety days of the receipt of the
notice of right to sue by a party filing a
timely notice of election to file civil
action under subsection (b) (3) or one year
after the filing of the complaint, whichever
is later.
(b)
A request, in writing, may be made to the
executive director to issue a notice of right to sue:
(1)
At any time after the filing of a complaint
with the commission, and no later than three
days after the conclusion of the scheduling
conference provided for in section 12-46-19,
by a complainant alleging violations of
chapters 368, 378, or 489, HRS;
(2)
At any time after the filing of a complaint
with the commission but before a finding of
reasonable cause under section 515-9(2),
HRS, by a complainant alleging violations of
chapter 515, HRS; or
(3)
Within twenty days after receipt of the
notice of election to file a civil action
under section 515-9(3), HRS, by any party to
a complaint alleging violations of chapter
515, HRS.
t;6-30
(
(c)
The commission's executive director shall
issue a notice of right to sue provided that the
commission has not:
(1)
Previously issued a notice;
(2)
Entered into a conciliation agreement to
which the complainant is a party; or
(3)
Filed a civil action.
(d)
The commission's executive director shall
issue a notice of right to sue:
(1)
Upon dismissal of the complaint pursuant to
section 12-46-11;
(2)
Where the commission has entered into a
conciliation agreement to which the
complainant is not a party pursuant to
section 12-46-15(d);
(3)
Upon timely receipt of a notice of election
to file a civil action under subsection
(b) (3); or
(4)
If a civil action alleging similar facts has
been filed pursuant to section 515-9(b),
HRS.
[ E ff 12 / 31/90; am 11/4/93; am 10 / 6 / 13;
comp
] (Auth: HRS §368-3)
(Imp:
HRS §§368-12, 515-9)