HRS 0367-0003 ANNOTATIONS

Effective July 1, 2002, "chapters 76 and 77" changed to "chapter 76". L 2000, c 253, §150.

Claim for negligent and/or intentional infliction of emotional distress against Hawaii civil rights commission not barred under §662-15(1), as acts of investigating complaint, instituting suit based on finding of reasonable cause, and sending demand letter were part of routine operations of commission and did not involve broad policy considerations encompassed within the discretionary function exception. 88 H. 85, 962 P.2d 344.

The discretionary function exception in §662-15(1) is limited to situations in which a government agent is engaged in the effectuation of "broad public policy"; the investigation of a complaint by the Hawaii civil rights commission, in and of itself, does not involve such considerations; thus, a counterclaim for negligence in the performance of an investigation is not barred by sovereign immunity. 88 H. 85, 962 P.2d 344.