§368-3  Powers and functions of commission.  The commission shall have the following powers and functions:

     (1)  To receive, investigate, and conciliate complaints alleging any unlawful discriminatory practice under part I of chapter 489, chapter 515, and part I of chapter 378, and complaints filed under this chapter, and conduct proceedings on complaints alleging unlawful practices where conciliatory efforts are inappropriate or unsuccessful;

     (2)  To hold hearings and make inquiries, as it deems necessary, to carry out properly its functions and powers, and for the purpose of these hearings and inquiries, to administer oaths and affirmations, conduct depositions, compel the attendance of parties and witnesses and the production of documents by the issuance of subpoenas, examine parties and witnesses under oath, require answers to interrogatories, and delegate these powers to any member of the commission or any person appointed by the commission for the performance of its functions;

     (3)  To commence civil action in circuit court to seek appropriate relief, including the enforcement of any commission order, conciliation agreement, or predetermination settlement;

     (4)  To issue the right to sue to a complainant;

     (5)  To order appropriate legal and equitable relief or affirmative action when a violation is found;

     (6)  To issue publications and results of investigations and research that, in its judgment, will tend to promote goodwill and minimize or eliminate discrimination in employment, housing, and public accommodations;

     (7)  To submit annually to the governor and the legislature a written report of its activities and recommendations for administrative or statutory changes required to further the purposes of this chapter;

     (8)  To appoint an executive director, deputy executive director, attorneys, and hearings examiners who shall be exempt from chapter 76, and investigators and other necessary support personnel who shall be subject to chapter 76.  Section 28-8.3 notwithstanding, an attorney employed by the commission as a full-time staff member may represent the commission in litigation, draft legal documents for the commission, provide other necessary legal services to the commission, and shall not be deemed to be a deputy attorney general; and

     (9)  To adopt rules under chapter 91. [L 1988, c 219, pt of §1; am L 1989, c 386, §6; am L 1991, c 80, §1 and c 252, §2; am L Sp 1993, c 8, §53; am L 2000, c 253, §150; am L 2001, c 55, §17(1)]

Case Notes

  Claim for negligent and/or intentional infliction of emotional distress against Hawaii civil rights commission not barred under §662-15(1), as acts of investigating complaint, instituting suit based on finding of reasonable cause, and sending demand letter were part of routine operations of commission and did not involve broad policy considerations encompassed within the discretionary function exception.  88 H. 85, 962 P.2d 344 (1998).

  The discretionary function exception in §662-15(1) is limited to situations in which a government agent is engaged in the effectuation of "broad public policy"; the investigation of a complaint by the Hawaii civil rights commission, in and of itself, does not involve such considerations; thus, a counterclaim for negligence in the performance of an investigation is not barred by sovereign immunity.  88 H. 85, 962 P.2d 344 (1998).

  Section 12-46-175(d), Hawaii administrative rules, does not contradict or conflict with chapter 378, and the Hawaii civil rights commission did not overstep its statutory authority in imposing strict liability on employers for the discriminatory actions of their supervisors; the Faragher affirmative defense is not applicable to chapter 378.  133 H. 332, 328 P.3d 341 (2014).