Haw. Rev. Stat. § 368 § 368-13

Investigation and conciliation of complaint.

In Force
Verified 10/23/2026 · Next check 10/30/2026
effective 10/23/2026HawaiiFair Housing & Anti-Discrimination

Operative Text

Haw. Rev. Stat. § 368 § 368-13
(a) After the filing of a complaint, or whenever it appears to the commission that an unlawful discriminatory practice may have been committed, the commission's executive director shall make an investigation in connection therewith. At any time after the filing of a complaint but prior to the issuance of a determination as to whether there is or is not reasonable cause to believe that part I of chapter 489, chapter 515, part I of chapter 378, or this chapter has been violated, the parties may agree to resolve the complaint through a predetermination settlement.
(b) The executive director shall issue a determination of whether or not there is reasonable cause to believe that an unlawful discriminatory practice has occurred within one-hundred and eighty days from the date of filing a complaint unless the commission grants an extension of time to issue a determination.
(c) If the executive director makes a determination that there is no reasonable cause to believe that an unlawful discriminatory practice has occurred in a complaint filed, the executive director shall promptly notify the parties in writing. The notice to complainant shall indicate also that the complainant may bring a civil action as provided under section 368-12.
(d) When the executive director determines after the investigation that there is reasonable cause to believe that an unlawful discriminatory practice within the commission's jurisdiction has been committed, the executive director shall immediately endeavor to eliminate any alleged unlawful discriminatory practice by informal methods such as conference, conciliation, and persuasion.
(e) Where the executive director has determined that there is reasonable cause to believe that an unlawful discriminatory practice has occurred and has been unable to secure from the respondent a conciliation agreement acceptable to the commission within one-hundred and eighty days of the filing of the complaint unless the commission has granted an extension of time, the executive director shall demand that the respondent cease the unlawful discriminatory practice. The executive director's determination that a final conciliation demand is to be made shall be subject to reconsideration by the commission on its own initiative but shall not be subject to judicial review. The executive director may demand appropriate affirmative action as, in the judgment of the executive director, will effectuate the purpose of this chapter, and include a requirement for reporting on the manner of compliance. [L 1989, c 386, pt of §1; am L 1991, c 252, §4; am L 2001, c 55, §17(4)]
Source: Legislative text reproduced verbatim
Plain English

Hawaii Revised Statutes § 368-13 establishes the process the Hawaii Civil Rights Commission follows after a discrimination complaint is filed. The commission's executive director investigates the complaint, issues a reasonable-cause determination within 180 days, and—if reasonable cause is found—attempts to resolve the matter through informal methods such as conference and conciliation. If informal resolution fails within 180 days of filing, the executive director may demand that the respondent stop the discriminatory practice and take affirmative corrective action. At any point before a determination is issued, the parties may also reach a voluntary predetermination settlement.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 23, 2026

Plain English — not legal advice.

For Property Managers

Under § 368-13, property owners and managers who become respondents in a Hawaii Civil Rights Commission complaint can expect an investigation and, potentially, a request to participate in conciliation. Operators who engage cooperatively in the conference and conciliation process may be able to reach a predetermination settlement or a conciliation agreement before the executive director issues a formal demand. Maintaining clear records of policies and practices is a common part of demonstrating compliance during the investigation phase.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 368-13 gives tenants who have filed a discrimination complaint with the Hawaii Civil Rights Commission the right to receive a written determination of reasonable cause within 180 days of filing. If the executive director finds no reasonable cause, the notice must inform the complainant of the right to pursue a civil action under § 368-12. If conciliation efforts succeed, the complaint may be resolved through an agreement; if they do not, the executive director can demand that the respondent cease the discriminatory practice—tenants may wish to consult a tenant-rights organization or attorney to understand how these procedural steps apply to their situation.

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

Current
Oct 23, 2026
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

Haw. Rev. Stat. ch. 489
Not yet ingested
Haw. Rev. Stat. ch. 515
Not yet ingested
Haw. Rev. Stat. ch. 378
Not yet ingested

References In

Rules and statutes that cite this regulation

Haw. Rev. Stat. § 368-11
Haw. Rev. Stat. § 368-17
Haw. Rev. Stat. § 368-12
Haw. Rev. Stat. § 368-12
Haw. Rev. Stat. § 368-12
Haw. Rev. Stat. § 368-12
Haw. Rev. Stat. § 368-17

Related Rules

§ 5.106
§ 5.106 Equal access in accordance with the individual's gender identity in community planning and development programs.
§ 5.109
§ 5.109 Equal participation of faith-based organizations in HUD programs and activities.
§ 2
Policies; recommendations

Source Information

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