Haw. Rev. Stat. § 368 § 368-14
Commission hearings.
Operative Text
(a) If, fifteen days after service of the final conciliation demand, the commission finds that conciliation will not resolve the complaint, the commission shall appoint a hearings examiner and schedule a contested case hearing that shall be held in accordance with chapter 91. The case in support of the complaint shall be presented at the hearing by counsel provided by the commission. Following the completion of the contested case hearing, the hearings examiner shall issue a proposed decision containing a statement of reasons including a determination of each issue of fact or law necessary to the proposed decision which shall be served upon the parties. Any party adversely affected by the proposed decision may file exceptions and present argument to the commission which shall consider the whole record or such portions thereof as may be cited by the parties. If the commission finds that unlawful discrimination has occurred, the commission shall issue a decision and order in accordance with chapter 91 requiring the respondent to cease the unlawful practice and to take appropriate remedial action. If there is no finding of discrimination, the commission shall issue an order dismissing the case. (b) At any time after a complaint is filed, the commission may file a petition in the circuit court in the circuit in which the subject of the complaint occurred, or in the circuit in which a respondent resides or transacts business, seeking appropriate temporary relief against the respondent, pending final determination of proceedings under this chapter, including an order or decree restraining the respondent from doing or procuring any act tending to render ineffectual any order the commission may enter with respect to the complaint. The court may grant the temporary relief or restraining order as it deems just and proper, but no relief or order extending beyond five days shall be granted except by consent of the respondent or after hearing upon notice to the respondent and a finding by the court that there is reasonable cause to believe that the respondent has engaged in a discriminatory practice. If a complaint is dismissed by final order of the commission or a court after a court has granted temporary relief or a restraining order under this subsection, the respondent is entitled to recover from the State damages and costs, not to exceed a total of $500, sustained by reason of the temporary relief or restraining order in an action in the court that granted the temporary relief or restraining order. [L 1989, c 386, pt of §1; am L 1991, c 252, §5]
Hawaii Revised Statutes § 368-14 establishes the formal hearing process that the Hawaii Civil Rights Commission follows when conciliation fails to resolve a discrimination complaint. If no agreement is reached within fifteen days of the final conciliation demand, a hearings examiner is appointed and a contested case hearing is conducted under the state's administrative procedures. If discrimination is found, the commission issues an order requiring the respondent to stop the unlawful practice and take remedial action; if no discrimination is found, the case is dismissed. The commission may also seek temporary court relief during the process, and a respondent who prevails after such relief was granted may recover limited damages from the state, not exceeding $500.
Plain English — not legal advice.
Under Haw. Rev. Stat. § 368-14, if a housing discrimination complaint against a property owner or manager proceeds to a contested case hearing, the commission appoints a hearings examiner and presents the case through its own counsel. Operators who maintain thorough, consistent records of their rental policies and decisions are generally better positioned to respond to proposed decisions and file exceptions if needed. A finding of discrimination under this section can result in a formal commission order requiring the cessation of the unlawful practice and appropriate remedial measures.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Haw. Rev. Stat. § 368-14 provides that if your discrimination complaint is not resolved through conciliation, the Hawaii Civil Rights Commission will schedule a formal hearing and assign counsel to present the case on your behalf at no cost to you. As a party to the proceeding, you have the right to review the hearings examiner's proposed decision and file exceptions or present arguments to the full commission if you are adversely affected by that decision. Tenant-rights organizations and legal aid services familiar with Hawaii's civil rights process can help you understand your options at each stage of the hearing process.
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.
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