HAR §12-46-7
HAR §12-46-7. Service of complaint
Length: 265 wordsOfficial source
Cite as Haw. Code R. § 12-46-7
(a)
Within ten
days after a complaint is filed with the commission,
or within ten days after the commission receives a
complaint on deferral from the EEOC or the United
States Department of Housing and Urban Development,
the commission's executive director shall serve a copy
of the complaint on the respondent by certified mail,
return receipt requested, or by personal delivery,
except when it is determined by the executive director
t;6-16
(
that providing a copy of the complaint would impede
the law enforcement functions of the commission.
(b)
Where a copy of the complaint is not
provided, the respondent shall be served with a notice
of the complaint, including the date, place, and
general description of the alleged unlawful
discriminatory practice, within ten days after filing
of the complaint.
(c)
Providing the respondent with a copy of the
complaint shall be deemed to impede the law
enforcement functions of the commission where:
(1)
The complaint names more than one
respondent, unless the respondents are
charged jointly; e.g., an employer and a
union are charged with having signed a
collective bargaining agreement which is
discriminatory; or
(2)
The complaint names a person or persons whom
the commission believes may suffer
retaliation or may be construed as being
confidential informers or potential
confidential informers.
(d)
When a complaint is written and filed in a
language other than English the commission shall
provide for an English translation of the complaint
which shall be served along with any copy of the
original complaint filed with the commission. [Eff
12/31/90; am 10/6/13; comp
(Auth: HRS
§368-3)
(Imp: HRS §368-11)