HAR § 12-46 § 12-46-56
Argument on written exceptions.
Operative Text
Whenever written exceptions have been timely filed and a party has requested the opportunity to present oral argument, all parties to the proceedings shall be afforded the opportunity to present oral argument to the commission concerning the decision. The commission shall personally consider the whole record or portions of the record as may have been cited by the parties either in support of or in opposition to the decision. All parties shall be served with notice of the time and place of argument at least five days prior to the time for argument. The commission shall issue a written final decision and order, either adopting, modifying, or reversing, in whole or in part, the hearings examiner’s decision in complaints alleging violations of chapters 368, 378, or 489, HRS, within a reasonable time after argument has been heard. The commission shall issue a written final decision and order in complaints alleging violations of chapter 515, HRS, within one year of the date of the filing of the complaint, unless the commission finds it impracticable to do so. In complaints alleging violations of chapter 515, HRS, complainants and respondents shall be provided with written notice if the commission cannot issue a written final decision and order within one year of the date of the filing of the complaint. [Eff 12/31/90; am 11/4/93] (Auth: HRS §§91-2, 368-3, 368-14) (Imp: HRS §§91-11, 368-3, 368-14, 515-9)
Hawaii Administrative Rules § 12-46-56 governs the process for oral argument after written exceptions have been filed in civil rights and fair housing proceedings before the Hawaii Civil Rights Commission. When a party requests oral argument, all parties must receive at least five days' written notice of when and where argument will occur, and the commission must review the full record before issuing a final written decision. For complaints under HRS chapter 515 (fair housing), the commission is required to issue its final decision within one year of the complaint's filing date, and must notify all parties in writing if that deadline cannot be met.
Plain English — not legal advice.
Under HAR § 12-46-56, a property owner or manager who is a respondent in a commission proceeding should be aware that once written exceptions are filed and oral argument is requested, all parties—including the respondent—are entitled to participate in that argument. A compliant operator generally ensures that any notices of argument are tracked carefully, given the minimum five-day advance notice requirement. In fair housing matters under HRS chapter 515, the one-year timeline for a final commission decision is a defined procedural benchmark that shapes the overall duration of the proceeding.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
HAR § 12-46-56 provides procedural protections for complainants in civil rights and fair housing cases before the Hawaii Civil Rights Commission, including the right to present oral argument and to receive at least five days' advance notice of when that argument will take place. In fair housing complaints filed under HRS chapter 515, complainants have a right to a final written decision within one year of filing, and must receive written notice if the commission cannot meet that deadline. Tenants who believe their fair housing rights have been affected may wish to consult a tenant-rights organization or legal aid provider to understand how these procedural timelines 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
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