HAR § 12-46 § 12-46-20
Notice of right to sue.
Operative Text
(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), HRS, 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. (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; or (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. [Eff 12/31/90; am 11/4/93; am 10/6/13] (Auth: HRS §368-3) (Imp: HRS §§368-12, 515-9)
HAR § 12-46-20 establishes the process by which a complainant who has filed a discrimination complaint with the Hawaii Civil Rights Commission may obtain a "notice of right to sue," which then opens a window to bring a civil lawsuit in court. Depending on the type of statutory violation alleged—under chapters 368, 378, 489, or 515 of the Hawaii Revised Statutes—the timeframe and conditions for requesting and using that notice differ. The provision also outlines when the commission's executive director is required to issue such a notice, such as upon dismissal of a complaint or when a conciliation agreement does not include the complainant.
Plain English — not legal advice.
Under HAR § 12-46-20, a landlord named as a respondent in a fair housing or discrimination complaint before the Hawaii Civil Rights Commission should be aware that the complainant may request a notice of right to sue at various stages of the administrative process. If such a notice is issued, the complainant gains the ability to pursue a civil lawsuit in court, potentially running parallel to or instead of the commission's own proceedings. Operators managing rental housing in Hawaii generally maintain thorough records of all commission correspondence and scheduling conference dates, as these milestones affect when a notice of right to sue may be requested or issued.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
HAR § 12-46-20 describes the rights of a complainant—which may include a tenant who has filed a housing discrimination complaint—to request a notice of right to sue from the Hawaii Civil Rights Commission's executive director. Once issued, this notice typically authorizes the filing of a civil lawsuit within ninety days of receipt, though the exact deadline depends on which chapter of the Hawaii Revised Statutes underlies the complaint. Tenants who believe they have a discrimination claim may wish to consult a tenant-rights organization or legal aid provider to understand how the timing rules under this provision interact with their specific complaint.
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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