DR005Ass.txt

HAWAII CIVIL RIGHTS COMMISSION

STATE OF HAWAII


In the matter of LINDA C. TSEU, ) DR 92-005
as Executive Director, Hawaii )
Civil Rights Commission, )
)
Petitioner, )
)
vs. )
)
JOHN DOES 1-10, JANE DOES 1-10, )
DOE PARTNERSHIPS 1-10, DOE )
CORPORATIONS 1-10 )
)
Respondents. )
)



ORDER ASSIGNING PETITION TO HEARINGS EXAMINER

The Executive Director's Petition for Declaratory Relief
seeking a declaration that independent contractors are covered
under Chapter 378 was filed on June 1, 1992. No actual or
potential respondents were named, and no particular facts giving
rise to the petition were presented.
The Commission believes that resolution of whether
independent contractors are covered by Chapter 378 is necessary and
desirable. Pursuant to H.A.R.  12-46-63(b)(3), the Commission
exercises its discretion to assign the Petition to the hearings
examiner for further proceedings in accordance with subchapter 2,
H.A.R.  12-46-61 et seq.
In the further proceedings, the Petitioner must file an
Amended Petition naming a Respondent and containing a statement of
facts giving rise to the Petition within fourteen (14) days of this
order. The Commission believes that under the Hawaii
Administrative Procedures Act, H.R.S.  91-8, a declaratory ruling
can only be made in an adversarial proceeding where both sides of
an issue are presented. The Commission anticipates that the
proceedings with be conducted as fairly and expeditiously as
possible affording all parties due process.

DATED: Honolulu, Hawaii. August 12, 1992.


Amefil Agbayani
Chairperson