HAR § 12-46 § 12-46-14
Notice of determination, conference, conciliation, and persuasion.
Operative Text
(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 7/19/25] (Auth: HRS §368-3) (Imp: HRS §§368-13, 515-9)
Hawaii Administrative Rules § 12-46-14 establishes a structured process that follows a finding of reasonable cause in a discrimination complaint. Once the executive director determines that an unlawful discriminatory practice may have occurred, the parties are notified and an informal resolution process—through conference, conciliation, and persuasion—is initiated. If a respondent refuses to cooperate or negotiate in good faith, the executive director ends conciliation efforts and issues a formal demand letter along with a proposed conciliation agreement. For complaints involving violations of Hawaii's fair housing law (HRS chapter 515), the parties are also informed of their option to pursue a civil court action instead of an administrative hearing.
Plain English — not legal advice.
Under HAR § 12-46-14, a property owner or manager who receives a reasonable-cause determination from the Hawaii Civil Rights Commission's executive director is expected to engage cooperatively in the conciliation process. Compliant operators generally attend any required conciliation conference, communicate in good faith, and work toward a resolution agreement. Failure to cooperate or make a good-faith effort can result in the termination of conciliation and the issuance of a formal demand letter, which moves the matter toward a more formal resolution process under § 12-46-17.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
HAR § 12-46-14 outlines rights that arise after the Hawaii Civil Rights Commission's executive director finds reasonable cause in a discrimination complaint. As a complainant, a tenant is entitled to be notified of the determination and to participate in the conciliation process, including any scheduled conference. For complaints involving fair housing violations under HRS chapter 515, § 12-46-14 also preserves the option to elect a civil court action rather than proceeding through an administrative hearing—a choice that tenant-rights organizations or legal aid resources can help a person understand more fully.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 23, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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