Haw. Rev. Stat. § 368 § 368-16
Appeals; de novo review; procedure.
Operative Text
(a) A complainant and a respondent shall have a right of appeal from a final order of the commission, including cease and desist orders and refusals to issue charges in the circuit court for the circuit in which the alleged violation occurred or where the person against whom the complaint is filed, resides, or has the person's principal place of business. An appeal before the circuit court shall be reviewed de novo. If an appeal is not taken within thirty days after the service of an appealable order of the commission, the commission may obtain an order for the enforcement of the order from the circuit court that has jurisdiction of the appeal. (b) Where a respondent petitions for an appeal to the circuit court, the commission shall be a party to any proceeding as the appellee. The complainant shall have the right to intervene. (c) A proceeding for review or enforcement of an appealable order is initiated by filing a petition in the circuit court. Copies of the petition shall be served upon the parties of record. Within thirty days after the service of the petition upon the commission or filing of the petition by the commission, or within further time as the court may allow, the commission shall transmit to the court the original or a certified copy of the entire record upon which the order is based, including a transcript of the testimony, which need not be printed. By stipulation of the parties to the review proceeding, the record may be shortened. The court may grant temporary relief as it considers just, or enter an order enforcing, modifying and enforcing as modified, or setting aside in whole or in part the order of the commission, or may remand the case to the commission for further proceedings. The commission's copy of the testimony shall be available at reasonable times to all parties for examination without cost. (d) The final judgment or decree of the circuit court shall be subject to review by appeal in the same manner and form as other appeals from that court. (e) A proceeding under this section shall be initiated not more than thirty days after a copy of the order of the commission is received, unless the commission is the petitioner or the petition is filed under subsection (d). If a proceeding is not so initiated, the commission may obtain a court order for enforcement of its order upon showing that a copy of the petition for enforcement was served on the respondent, that the respondent is subject to the jurisdiction of the court, that the order sought to be enforced is an order of the commission, regularly entered, and that the commission has jurisdiction over the subject matter and the respondent. [L 1989, c 386, pt of §1]
Hawaii Revised Statutes § 368-16 establishes the process by which either party in a civil rights discrimination case before the Hawaii Civil Rights Commission may appeal a final commission order to the circuit court in the relevant circuit. Appeals are reviewed de novo, meaning the circuit court examines the matter fresh rather than simply deferring to the commission's findings. Both complainants and respondents have defined roles in these proceedings, and the commission itself becomes a party when a respondent appeals. If no appeal is filed within thirty days of service of an appealable order, the commission may seek court enforcement of that order directly.
Plain English — not legal advice.
Under Haw. Rev. Stat. § 368-16, a respondent (such as a housing provider) who disagrees with a final commission order has the right to petition the circuit court for a de novo appeal within thirty days of receiving the order. Operators who pursue this path should be aware that the commission becomes the appellee and the complainant may intervene in the proceeding. Compliant operators generally track service dates carefully, since missing the thirty-day window can result in the commission obtaining a court enforcement order without further opportunity for appeal.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Haw. Rev. Stat. § 368-16 gives complainants — including tenants who filed discrimination complaints — the right to appeal a final Hawaii Civil Rights Commission order to the circuit court, and also the right to intervene if a respondent initiates the appeal. The circuit court conducts a de novo review, which means the case is examined anew rather than simply on the commission's record. Tenants who receive a commission order they wish to challenge, or who want to participate in a respondent's appeal, may wish to consult a tenant-rights organization or legal aid provider to understand the procedural steps and deadlines under this section.
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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