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HRS §378-28.5

Investigating complaints: access, subpoenas, and witness rules

When the department looks into a discrimination complaint, it can enter related premises, look at and copy records, and question employees. It can also make witnesses testify and bring documents using subpoenas. If someone ignores a subpoena, a court can order them to comply.

businessescourtsemployeesemployerslandlordsstate agencies

The statute, as written — Investigation; oaths; affidavits; subpoena; witnesses; immunities

(a) In connection with an investigation of a complaint filed under this part, or whenever it appears to the department that an unlawful practice may have been or is being committed, the director or an authorized representative shall have access to the premises of the parties or persons reasonably connected thereto, records, documents, and other material relevant to the complaint and shall have the right to examine, photograph, and copy such material, and may question such employees and make such investigation to determine whether any person has violated this part or any rule or regulation issued under this part or which may aid in the enforcement of this part. (b) The director or an authorized representative may administer oaths and may issue subpoenas or subpoena duces tecum to compel the attendance and testimony of witnesses or the production of books, payrolls, records, correspondence, documents, or any other material relating to any matter under investigation. (c) If a person fails to comply with a subpoena issued under this section, any circuit court, upon application of the director or the director's authorized representative, may issue an order requiring compliance.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.