DR010Ass.txt

HAWAII CIVIL RIGHTS COMMISSION

STATE OF HAWAII


Director, Executive Office ) Docket No. DR 93-010
On Aging )
)
Petitioner, )
)
vs. )
)
LINDA C. TSEU, Executive )
Director, Hawaii Civil Rights )
Commission, )
)
)
Respondents )
)


ORDER ASSIGNING PETITION TO HEARINGS OFFICER AND MAKING
EXECUTIVE DIRECTOR A PARTY RESPONDENT
On September 14, 1993, the Director of the Executive
Office on Aging filed a Petition for Declaratory Relief alleging
certain unlawful discriminatory practices based upon disability
under Chapter 489, HRS. No actual or potential respondents were
named in the petition.
The Commission believes that resolution of whether the
alleged actions constitute unlawful discriminatory practices under
the Public Accommodations Law is 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.
The Commission believes that under the Hawaii
Administrative Procedures Act, H.R.S.  91-8, a declaratory ruling
should be made in an adversarial proceeding where both sides of an
issue are presented. In the further proceedings, the Petitioner
must file an Amended Petition naming a Respondent or Respondents
representing the interests of nursing facilities. Pursuant to
H.A.R.  12-46-64, the Executive Director is made a party
Respondent to the proceedings, and Petitioner must serve a copy of
the Petition upon the Executive Director. The Commission
anticipates that the proceedings will be conducted as fairly and
expeditiously as possible affording all parties due process.

DATED: Honolulu, Hawaii


Amefil Agbayani
Chairperson, Hawaii Civil Rights
Commission