Current through September, 2024
Section 12-46-20 - Notice of right to sue(a) A notice of right to sue shall authorize: (1) A complainant alleging violations of chapters 368, 378, or 489, HRS, to bring a civil suit pursuant to section 368-12, HRS, within ninety days after receipt of the notice;(2) A complainant alleging violations of chapter 515, HRS, issued such notice before a finding of reasonable cause pursuant to section 515-9(2), HRS, to bring a civil suit within ninety days of receipt of the notice or one year after the filing of the complaint, whichever is later; or(3) The executive director to file a civil suit within ninety days of the receipt of the notice of right to sue by a party filing a timely notice of election to file civil action under subsection (b)(3) or one year after the filing of the complaint, whichever is later.(b) A request, in writing, may be made to the executive director to issue a notice of right to sue: (1) At any time after the filing of a complaint with the commission, and no later than three days after the conclusion of the scheduling conference provided for in section 12-46-19, by a complainant alleging violations of chapters 368, 378, or 489, HRS;(2) At any time after the filing of a complaint with the commission but before a finding of reasonable cause under section 515-9(2), HRS, by a complainant alleging violations of chapter 515, HRS; or(3) Within twenty days after receipt of the notice of election to file a civil action under section 515-9(3), HRS, by any party to a complaint alleging violations of chapter 515, HRS.(c) The commission's executive director shall issue a notice of right to sue provided that the commission has not: (1) Previously issued a notice;(2) Entered into a conciliation agreement to which the complainant is a party; or(3) Filed a civil action.(d) The commission's executive director shall issue a notice of right to sue: (1) Upon dismissal of the complaint pursuant to section 12-46-11; or(2) Where the commission has entered into a conciliation agreement to which the complainant is not a party pursuant to section 12-46-15(d).[Eff 12/31/90; am 11/4/93] (Auth: HRS § 368-3) (Imp: HRS §§ 368-12, 515-9)