DR008Fin.txt

HAWAII CIVIL RIGHTS COMMISSION

STATE OF HAWAII

In the matter of ________________ ) DR 92-008
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Petitioner, )
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Respondent. )
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ORDER REFUSING CONSIDERATION OF THE PETITION

The Petition for Declaratory Relief: Causation was filed
on December 10, 1992. The Petition seeks a declaration as to the
causation standard that the Commission will apply in determining
whether violations of Chapter 378 have occurred, the quantum of
evidence to establish an affirmative defense, and appropriate
relief thereunder. Petitioner has also filed a Motion for
Expedited Ruling. Respondent has not filed a Memorandum in
Opposition within the time limit.
While recognizing the importance of establishing a
causation standard, the Commission believes that deciding the issue
at the present time would be inappropriate. Under H.A.R.  12-46-
63(a)(4), the Commission is authorized to refuse consideration of
a petition if "[t]he petition is based on hypothetical ... facts of
either liability or damages." The Commission believes that
adopting a causation standard would be more appropriate in the
context of a proceeding or contested case where there are actual
facts establishing liability and damages. As the case from which
the Petition arises has been docketed for a merits hearing, the
Hearings Examiner will deal with the issues raised. For this
reason, the Commission refuses to consider the Petition.

DATED: Honolulu, Hawaii. December 30, 1992.


Amefil Agbayani
Chairperson