US Laws, Codes, Statutes & Cases

      Sec. 46a-84. Complaint: Certification; hearing; settlement or alternate dispute resolution endeavors; default order. (a) If the investigator fails to eliminate a discriminatory practice complained of pursuant to section 46a-82 within fifty days of a finding of reasonable cause, he shall, within ten days, certify the complaint and the results of the investigation to the executive director of the commission and to the Attorney General.

      (b) Upon certification of the complaint, the executive director of the commission or his designee shall appoint a hearing officer, hearing adjudicator or human rights referee to act as a presiding officer to hear the complaint or to conduct settlement negotiations and shall cause to be issued and served in the name of the commission a written notice, together with a copy of the complaint, as the same may have been amended, requiring the respondent to answer the charges of the complaint at a hearing before the presiding officer or hearing adjudicator at a time and place to be specified in the notice, provided such hearing shall be commenced by convening a hearing conference not later than forty-five days after the certification of the complaint. The hearing shall be a de novo hearing on the merits of the complaint and not an appeal of the commission's processing of the complaint prior to its certification. The hearing shall proceed with reasonable dispatch and be concluded in accordance with the provisions of section 4-180.

      (c) The place of any hearing may be the office of the commission or another place designated by it.

      (d) The case in support of the complaint shall be presented at the hearing by the Attorney General, who shall be counsel for the commission, or by a commission legal counsel as provided in section 46a-55, as the case may be. If the Attorney General or the commission legal counsel determines that a material mistake of law or fact has been made in the finding of reasonable cause, he may withdraw the certification of the complaint and remand the file to the investigator for further action. The complainant may be represented by an attorney of his own choice. If the Attorney General or the commission legal counsel, as the case may be, determines that the interests of the state will not be adversely affected, the attorney for the complainant shall present all or part of the case in support of the complaint. No commissioner may participate in the deliberations of the presiding officer in the case.

      (e) A hearing officer, hearing adjudicator, human rights referee or attorney who volunteers service pursuant to subdivision (18) of section 46a-54 may supervise settlement endeavors, or, in employment discrimination cases only, the complainant and respondent, with the permission of the commission, may engage in alternate dispute resolution endeavors for not more than three months. The cost of such alternate dispute resolution endeavors shall be borne by the complainant or the respondent or both and not by the commission. Any endeavors or negotiations for conciliation, settlement or alternate dispute resolution shall not be received in evidence.

      (f) The respondent may file a written answer to the complaint under oath and appear at the hearing in person or otherwise, with or without counsel, and submit testimony and be fully heard. If the respondent fails to file a written answer prior to the hearing within the time limits established by regulation adopted by the commission in accordance with chapter 54 or fails to appear at the hearing after notice in accordance with section 4-177, the presiding officer or hearing adjudicator may enter an order of default and order such relief as is necessary to eliminate the discriminatory practice and make the complainant whole. The commission or the complainant may petition the Superior Court for enforcement of any such order for relief pursuant to the provisions of section 46a-95.

      (g) The presiding officer or hearing adjudicator conducting any hearing shall permit reasonable amendment to any complaint or answer and the testimony taken at the hearing shall be under oath and be transcribed at the request of any party.

      (P.A. 80-422, S. 32; P.A. 88-317, S. 100, 107; P.A. 89-332, S. 5, 7; P.A. 91-302, S. 4, 5; P.A. 93-362, S. 3; P.A. 94-238, S. 2, 6; P.A. 96-241, S. 5, 7; P.A. 98-245, S. 4, 14; P.A. 03-19, S. 100; 03-143, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 194.)

      History: P.A. 88-317 substituted "hearing officer" for "hearing examiner" in Subsec. (b) and "presiding officer" for "hearing officer" in Subsecs. (b), (d) and (g), effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A. 89-332 amended Subsec. (a) to require commissioner or investigator to certify complaint if he fails to eliminate discriminatory practice within forty-five days of finding of reasonable cause, amended Subsec. (b) to require hearing to be held not later than ninety days of finding of reasonable cause, amended Subsec. (d) to provide complainant may be represented by attorney of own choice, and amended Subsec. (f) to require respondent's written answer to be under oath; P.A. 91-302 amended Subsec. (a) by deleting "commissioner or" before "investigator" and changing "chairman" to "executive director", amended Subsec. (b) by changing "chairman" to "executive director or his designee" and deleting "or one member of the commission" after "hearing officer", amended Subsec. (d) by deleting "who previously made the investigation or caused the notice to be issued may participate in the hearing except as a witness, nor" after "commissioner", amended Subsec. (f) by adding provision re entry of order of default and order of such relief as necessary to eliminate discriminatory practice by presiding officer if respondent fails to file written answer or fails to appear and enforcement of order by superior court, and amended Subsec. (g) by changing "may" to "shall" before "permit"; P.A. 93-362 added "or hearing adjudicator" after "hearing officer", added provision that hearing shall be de novo hearing on the merits of complaint and not appeal of commission's processing of complaint prior to its certification, added provision that attorney general or commission counsel may allow attorney for complainant to present all or part of the case in support of the complaint, if interests of state will not be adversely affected, and added Subsec. (e) re supervision of settlement endeavors and alternative dispute resolution endeavors in employment discrimination cases only, where complainant and respondent agree; P.A. 94-238 amended Subsec. (d) by adding provision re determination of material mistake of law or fact and withdrawal of certification, effective July 1, 1994; P.A. 96-241 amended Subsec. (b) changing reference to hearings "held" to hearings "commenced by convening a hearing conference" and added provision that hearing shall proceed with reasonable dispatch and conclude in accordance with 4-180, effective June 6, 1996; P.A. 98-245 amended Subsec. (a) changing forty-five to fifty days and providing ten days to certify the complaint and amended Subsec. (b) to provide for hearing conference not later than forty-five days after certification of the complaint, effective July 1, 1998, and applicable to all cases pending with the commission or in the courts and cases filed on or after said date; P.A. 03-19 made a technical change in Subsec. (e), effective May 12, 2003; P.A. 03-143 amended Subsec. (d) by replacing provision re complainant's attorney may be allowed to present all or part of case with provision re complainant's attorney shall present all or part of case; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (d) to authorize presentation of case by "a commission legal counsel" rather than "the commission counsel" and replace subsequent references to "the commission counsel" with "the commission legal counsel", effective August 20, 2003.

      Cited. 196 C. 208, 216. Cited. 220 C. 307, 314. Cited. 228 C. 545, 549. Cited. 236 C. 96, 98. Cited. Id., 250, 251, 258, 265. P.A. 89-332 cited. Id., 681, 683, 688, 692-695, 697. P.A. 89-332 Sec. 5 cited. Id. Cited. 237 C. 209, 211.

      Cited. 3 CA 464, 465. Cited. 4 CA 423, 425. Cited. 5 CA 643, 647. Cited. 15 CA 569, 579.

      Subsec. (a):

      Cited. 220 C. 192, 210. P.A. 89-332, Sec. 5(a) cited. 236 C. 681, 692.

      Cited. 3 CA 464, 467. Cited. 15 CA 569, 570, 583.

      Subsec. (b):

      Cited. 205 C. 324, 330. Cited. 232 C. 181, 183. Cited. 236 C. 250, 258, 265. Time limits set forth in section are mandatory. 236 C. 681-683, 685, 687, 689, 691, 693, 697, 700.

      Cited. 15 CA 569, 570.

      Subsec. (d):

      Cited. 205 C. 324, 330.

      Subsec. (e):

      Cited. 220 C. 192, 210.

      Subsec. (f):

      Cited. 18 CA 126, 131, 132.