HAR § 12-46 § 12-46-17
Demand letter.
Operative Text
(a) If the commission’s executive director has been unable to eliminate the alleged unlawful discriminatory practice through conference, conciliation, and persuasion 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, or within an extended period of time granted by the commission, the commission’s executive director shall terminate conciliation efforts. (b) The commission’s executive director, upon termination of conciliation efforts, shall send the respondent: (1) A letter by certified mail, return receipt requested, or by personal service, demanding that the respondent: (A) Cease and desist from engaging in the alleged unlawful discriminatory practices; and (B) Take appropriate remedial action; and (2) A proposed conciliation agreement, containing a provision requiring the respondent to report on the manner of compliance with the proposed conciliation agreement. (c) Within fifteen days after receipt of the demand letter and the proposed conciliation agreement, the respondent shall either: (1) Sign the conciliation agreement as written and return it to the commission; or (2) Request, in writing, the continuation of conciliation efforts, stating in the request good cause why conciliation should continue. The commission’s executive director may grant or deny the request. (d) If the respondent does not either sign and return the enclosed conciliation agreement or request the continuation of conciliation efforts within fifteen days after receiving the demand letter, or if the respondent requests the continuation of conciliation efforts, yet no conciliation agreement can subsequently be secured, the commission’s executive director shall find that conciliation efforts will not resolve the complaint and shall give written notice to the complainant, respondent, and commission of such finding. [Eff 12/31/90; am 5/1/92; am 8/18/94] (Auth: HRS §368-3) (Imp: HRS §368-13, §368-14)
HAR § 12-46-17 establishes a formal escalation process when Hawaii's Civil Rights Commission cannot resolve a housing or employment discrimination complaint through voluntary conciliation within the applicable time limits—180 days for complaints under HRS chapters 368, 378, or 489, or 100 days for complaints under HRS chapter 515. Once those efforts are terminated, the commission's executive director sends the respondent a certified demand letter requiring them to stop the alleged discriminatory conduct and take corrective action, along with a proposed conciliation agreement. The respondent then has 15 days to either sign the agreement or formally request that conciliation continue with good cause shown. If neither step is taken, or if further conciliation still fails, the executive director formally declares that conciliation will not resolve the matter and notifies all parties.
Plain English — not legal advice.
Property owners or managers named as respondents in a discrimination complaint should be aware that HAR § 12-46-17 sets a firm procedural clock once the commission's executive director terminates conciliation. Upon receiving a certified demand letter, a compliant respondent typically reviews the proposed conciliation agreement carefully and responds within the 15-day window—either by signing and returning the agreement or by submitting a written request with good cause to continue conciliation. Operators who manage properties subject to HRS chapter 515 (fair housing) or related statutes generally maintain documentation of their nondiscrimination policies and corrective actions, which can be relevant to any remedial action outlined in a proposed agreement.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you filed a discrimination complaint and conciliation has stalled, HAR § 12-46-17 provides a structured path forward: the commission's executive director is required to send the respondent a formal demand letter and proposed conciliation agreement once the applicable time period has elapsed. As a complainant, you are entitled to written notice of the executive director's finding if conciliation ultimately cannot resolve the complaint, which may open the door to further proceedings. Tenant-rights organizations and legal aid services familiar with Hawaii's Civil Rights Commission process can help you understand what options may be available after a finding under 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
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