HAR §12-46-315. Public contractors

(a) In the case of a respondent who is found by the commission to have engaged in a discriminatory practice in the course of performing under a contract or subcontract with the State or a county, or agency thereof, if the discriminatory practice was authorized, requested, commanded, performed, or knowingly or recklessly tolerated by the board of directors of the respondent or by an officer or executive agent acting within the scope of the officer's or agent's employment, the commission shall mail or serve a certified copy of a commission decision finding that respondent has engaged in a discriminatory practice to the contracting agency. Unless the commission's finding of a discriminatory practice is reversed in the course of judicial review, the finding of discrimination is binding on the contracting agency. (b) Upon receiving a certified copy of the decision under subsection (a), a contracting agency may take appropriate action to: (1) Terminate a contract, or portion thereof, previously entered into with the respondent, either absolutely or on condition that the respondent carry out a program of compliance with this subchapter; and (2) Assist the State and all counties, and agencies thereof, to refrain from entering into further contracts, or extensions or other modifications of existing contracts, with the respondent until the commission is satisfied that the respondent will carry out policies in compliance with this subchapter. [Eff 10/15/93; comp ] (Auth: ( HRS §§368-3, 515-9(7)) 13 (c), 515-19) (Imp: HRS §§515- §12-46-316 Responsibility for discriminatory practices. A person may be liable for discriminatory practices made unlawful under this subchapter including, but not limited to, the following situations: (1) An owner, any person engaging in a real estate transaction, or a real estate broker or salesperson is liable for any of its acts which constitute a discriminatory practice under this (2) subchapter. An owner, any person engaging in a real estate transaction, or a real estate broker or salesperson may be liable for the acts of agents or persons acting on their behalf regardless of whether the specified acts were authorized or even forbidden, if the owner, any person engaging in a real estate transaction, or a real estate broker or salesperson knew or should have known of their occurrence. The commission will examine the circumstances of the particular agency or employment relationship and job functions of the person in determining whether the person acted as an agent or on behalf of the owner, any person engaging in a real estate transaction, or a real estate broker or salesperson. [Eff 10/15/93; comp (Auth: HRS §§368-3, 515-9(7)) (Imp: HRS §§515-1, 515-2, 515-3, 515-5, 515- 6, 515-7, 515-9 (7), 515-16, 515-17, 515-20) 46-158 (