HAR §12-46-9. Deferral of complaints filed with EEOC

{a) In accordance with section 706(c) of Title VII, complaints received by the EEOC alleging unlawful discriminatory practices concurrently regulated by Title VII and chapter 378, HRS, are deferred to the commission for a sixty-day period during which time the commission, as a 706 agency, has the exclusive right to process complaints alleging discrimination filed by a person other than a commissioner of the EEOC. (b) At the expiration of the sixty-day period, although the commission retains jurisdiction to process the deferred complaint, the EEOC may begin to process the complaint through its own procedures. (c) The commission shall follow the same procedures in processing deferrals as it uses in processing complaints originally filed with the commission. (d) The commission may waive its right to the period of exclusive processing of complaints provided under section 706(c) of Title VII with respect to any complaint or category of complaints. (e) A complaint initially filed with the EEOC and deferred to the commission in accordance with section 706(c) of Title VII shall be deemed filed with the commission as of the date the complaint was received by the EEOC for purposes of the statute of limitations set forth in Section 368-ll(c), HRS, but shall otherwise but deemed filed with the commission when received by the commission. [Eff 12/31/90; comp t; 6-18 ( (Auth: HRS §368-3) (Imp: HRS §368-11; 42 U.S.C. ~2000e-5(c)) §12-46-10 Jurisdiction over complaints filed with commission. (a) Complaints originally received by the commission shall be governed by the following procedures unless the commission has entered into an agreement with the EEOC that provides otherwise. (b) When the complaint alleges an unlawful discriminatory practice over which the commission and the EEOC have concurrent jurisdiction, the commission's executive director shall: (1) Furnish the appropriate district office of EEOC with a copy of the complaint and state whether the commission will investigate it or terminate proceedings; and (2) Notify the complainant that the complaint has been filed with EEOC. (c) Complaints over which the commission has no jurisdiction, but which are within the jurisdiction of the EEOC, shall be immediately referred to the EEOC. (d) If the complaint is within the commission's jurisdiction but is not subject to the jurisdiction of the EEOC, the commission shall assume exclusive jurisdiction over the complaint upon receipt. [Eff 12/31/90; comp ) (Auth: HRS §368-3) (Imp: HRS §368-11; 42 U.S.C. §2000e-5(c))