Hawaii Revised Statutes

Haw. Rev. Stat. § 368-2 (2026)

Civil rights commission established

✓ current as of July 2026

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§368-2 Civil rights commission established. (a) There is established a civil rights commission composed of five members nominated and, by and with the advice and consent of the senate, appointed by the governor for staggered terms in accordance with section 26-34. The members appointed to the commission shall be selected on the basis of their knowledge and experience in civil rights matters and on the basis of a demonstrated commitment to the preservation of the civil rights of all individuals. The governor shall designate one of the commissioners as the chair of the commission.

(b) Any action taken by the commission shall be by a simple majority of the members of the commission. All decisions of the commission shall be reduced to writing and shall state separately its findings of fact and conclusions. Any vacancy in the commission shall not impair the authority of the remaining members to exercise all the powers of the commission. The governor may appoint an acting member of the commission during the temporary absence from the State or the illness of any regular member. An acting member, during the acting member's term of service, shall have the same powers and duties as the regular member.

(c) The members shall serve without compensation but shall be paid per diem and travel expenses when attending meetings of the commission. The commission shall be within the department of labor and industrial relations for administrative purposes only. [L 1988, c 219, pt of §1; am L 1989, c 386, §5]

Notes of Decisions

Cited in 3 cases, 2004–2017 · leading case: Lales v. Wholesale Motors Co.., 328 P.3d 341 (Haw. 2014).

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Lales v. Wholesale Motors Co.., 328 P.3d 341 (Haw. 2014). · cites it 2× “See HRS § 368-2. The fact that the DLIR had adopted HAR § 12-23-115(d) 46 prior to the transfer of enforcement to the HCRC did not mean the legislature “did not expressly foreclose the HCRC from adopting” HAR 12-46-175(d), majority opinion at 356, 328 P.”

RGIS Inventory Specialist v. Hawai'i Civil Rights Comm'n, 86 P.3d 449 (Haw. 2004). · cites it 2× “” HRS § 368-2 (1993) provides in part that "[t]here is established a civil rights commission composed of five members nominated and, by and with the advice and consent of the senate, appointed by the governor.”

Hawai'i Tech. Academy v. LE. (Haw. 2017). · cites it 4× “…See 1988 Haw. Sess. Laws Act 219, § 1 at 386-88. The General Provisions included HRS § 368-1 (Purpose and intent), HRS § 368-2 (Civil rights commission established), HRS § 368-3 (Powers and functions of commission), HRS § 368-4 (Records; reporting requirements), and HRS §…”

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