HAR § 12-46 § 12-46-12
Investigation, fact-finding conference, and discovery.
Operative Text
(a) After the filing of a complaint, the executive director shall investigate the charges contained in the complaint. In complaints alleging violations of chapter 515, HRS, investigations shall be commenced within thirty days after filing. (b) As part of its investigation, the executive director may require all parties to attend a fact-finding conference. (c) The fact-finding conference is primarily for the purposes of: (1) Ascertaining the positions of the parties; (2) Identifying the issues in dispute; (3) Resolving those issues that can be resolved; (4) Obtaining evidence; and (5) Determining the likelihood of a predetermination settlement. (d) The commission’s executive director is authorized to issue subpoenas for the production of documents or the examination of witnesses deemed necessary for the investigation of a complaint. The executive director can require parties to provide written responses to a complaint and other requests for information or discovery, including but not limited to, interrogatories and requests for admissions or for the production of documents. (e) If a party or a witness refuses to honor a subpoena or if a party fails to respond to a complaint or discovery requests within the time allowed for such responses under the Hawaii Rules of Civil Procedure, the commission’s executive director is authorized to file a petition for appropriate temporary relief in the circuit court. (f) An investigation shall be concluded within one hundred eighty days of the filing of a complaint alleging violations of chapters 368, 378, or 489, HRS, or within one hundred days of the filing of a complaint alleging violations of chapter 515, HRS; provided that the commission may grant an extension. In complaints alleging violations of chapter 515, HRS, complainants and respondents shall be provided written notice if the investigation cannot be completed within one hundred days. [Eff 12/31/90; am 5/1/92; am 11/4/93] (Auth: HRS §368-3) (Imp: HRS §§368-13, 515-9)
Under HAR § 12-46-12, once a housing or civil rights complaint is filed, the executive director of the Hawaii Civil Rights Commission is required to investigate the allegations, with investigations in fair housing (Chapter 515, HRS) cases beginning within thirty days of filing. The investigation process may include a fact-finding conference to clarify each party's position, identify disputed issues, gather evidence, and explore early settlement. Investigations must generally conclude within 180 days for complaints under Chapters 368, 378, or 489, HRS, or within 100 days for Chapter 515 fair housing complaints, though extensions may be granted and written notice must be provided if the 100-day deadline cannot be met.
Plain English — not legal advice.
Property owners and managers named as respondents in a complaint proceeding under HAR § 12-46-12 should be aware that the executive director has broad investigative authority, including the power to issue subpoenas, require written responses, and compel attendance at fact-finding conferences. Compliant operators generally respond promptly to any discovery requests—such as interrogatories, requests for admissions, or document production—within the timeframes set by the Hawaii Rules of Civil Procedure, since failure to do so can result in the executive director seeking court-ordered relief. Keeping organized records related to rental practices and fair housing compliance tends to support a timely and orderly response to any investigation initiated under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants who file a complaint under HAR § 12-46-12 can expect the Hawaii Civil Rights Commission's executive director to begin investigating within thirty days if the complaint involves fair housing violations under Chapter 515, HRS, and to conclude that investigation within 100 days absent an extension. If the investigation cannot be completed within that window, complainants are entitled to written notice of the delay. Tenants seeking to understand their rights during this process may find it helpful to consult a tenant-rights organization or legal aid provider familiar with Hawaii Civil Rights Commission procedures, including the fact-finding conference and discovery stages described in this provision.
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
References Out
Rules and statutes cited by this regulation
References In
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