2005 Connecticut Code - Sec. 46a-95. (Formerly Sec. 31-128). Enforcement by Superior Court of order of presiding officer.

      Sec. 46a-95. (Formerly Sec. 31-128). Enforcement by Superior Court of order of presiding officer. (a) The commission through the Attorney General, a commission legal counsel, or the complainant may petition the court within the judicial district wherein any discriminatory practice occurred or in which any person charged with a discriminatory practice resides or transacts business, for the enforcement of any order issued by a presiding officer under the provisions of this chapter and for appropriate temporary relief or a restraining order.

      (b) The commission shall certify and file in the court a transcript of the entire record of the proceedings sought to be enforced including the pleadings and testimony upon which the order was made and the finding and orders of the presiding officer.

      (c) Within five days after filing such petition in court, the commission shall cause a notice of the petition to be sent by registered or certified mail to all parties or their representatives.

      (d) The court shall: (1) Have jurisdiction of the proceedings and of the questions determined thereon, (2) have the power to grant such relief by injunction or otherwise, including temporary relief, as it deems just and suitable, and (3) enter, based on the pleadings, testimony and proceedings set forth in the transcript, a decree enforcing, modifying and enforcing as so modified, or remanding to the commission or presiding officer, in whole or in part, any order of the commission or presiding officer.

      (e) No objection or defense that has not been urged before the presiding officer or that was raised or could have been raised on appeal under section 46a-94a, may be considered by the court, unless the failure to urge such objection is excused because of extraordinary circumstances.

      (f) If either party applies to the court for leave to adduce additional evidence and shows to the satisfaction of the court that the additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the hearing, the court may order the additional evidence to be taken before the presiding officer and to be made part of the transcript.

      (g) The presiding officer may modify his findings as to the facts, or make new findings, by reason of additional evidence so taken, and shall file such modified or new findings and his recommendations, if any, for the modification or setting aside of the original order.

      (h) The findings of the presiding officer as to the facts, if supported by substantial and competent evidence, shall be conclusive.

      (i) The jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review by the Appellate Court, on appeal by either party, irrespective of the nature of the decree or judgment. Such appeal shall be taken and prosecuted in the same manner and form and with the same effect as is provided in other cases of appeal to the Appellate Court, and the record so certified shall contain all that was before the lower court in accordance with section 51-197b.

      (j) Petitions filed under this section shall be heard expeditiously and determined upon the transcript filed, without requirement of printing.

      (1949 Rev., S. 7407; 1963, P.A. 472; 1967, P.A. 715, S. 4; 1971, P.A. 870, S. 89; P.A. 76-436, S. 619, 681; P.A. 77-603, S. 124, 125; P.A. 78-280, S. 1, 127; P.A. 80-422, S. 43; 80-483, S. 92, 186; P.A. 83-496; June Sp. Sess. P.A. 83-29, S. 35, 82; P.A. 88-241, S. 2; 88-317, S. 105, 107; P.A. 93-362, S. 5; June 30 Sp. Sess. P.A. 03-6, S. 195.)

      History: 1963 act authorized complainants to obtain review of order in superior court in Subsec. (d); 1967 act authorized commission counsel to petition court when respondent is a state agency or officer in Subsec. (a); 1971 act replaced superior court with court of common pleas in Subsec. (d), effective September 1, 1971, except that courts with cases pending retain jurisdiction unless pending matters deemed transferable; P.A. 76-436 added references to judicial districts in Subsecs. (a) and (d), added reference to Sec. 52-7 in Subsec. (c) and replaced court of common pleas with superior court in Subsec. (d), effective July 1, 1978; P.A. 77-603 replaced provisions re review of orders by court with provision requiring that appeals be made in accordance with Sec. 4-183, retaining venue as before and jurisdictional powers; P.A. 78-280 deleted references to counties; P.A. 80-422 restated and reorganized provisions, creating new Subsecs. (b) to (h) from provisions formerly included in Subsec. (a), redesignating former Subsecs. (c) to (f) accordingly, and deleting provision granting hearings precedence over all other matters before court; P.A. 80-483 made technical correction in Subsec. (d); Sec. 31-128 transferred to Sec. 46a-95 in 1981; P.A. 83-496 amended Subsec. (j) to authorize the commission to appeal a final order of a hearing officer; June Sp. Sess. P.A. 83-29 substituted appellate court for supreme court in Subsec. (i); P.A. 88-241 amended Subsec. (d) to replace court authority to set aside any order with court authority to remand any order to the commission or hearing officer, amended Subsec. (e) to prohibit the court considering a defense that was not urged before the hearing officer or an objection or defense that was raised or could have been raised on appeal under Sec. 46a-94a, deleted Subsec. (j) re the appeal of a final order of a hearing officer to the superior court and Subsec. (k) re an automatic stay of enforcement of any order upon commencement of review proceedings, and relettered the remaining Subsec. accordingly; P.A. 88-317 substituted "presiding officer" for "hearing officer", effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A. 93-362 amended Subsec. (a) by deleting "or, where the respondent is an agency or officer of the state" and adding "or the complainant may" before "petition"; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (a) to replace "the commission counsel" with "a commission legal counsel", effective August 20, 2003.

      Annotations to former section 31-128:

      Substantial and competent evidence requires that evidence be such as would, in a jury trial, justify a refusal to direct a verdict. 140 C. 537. Cited. 153 C. 171, 173. Substantial evidence means something more than a mere scintilla and must do more than create a suspicion of the existence of the fact to be established. Id., 652, 661. Substantial and competent evidence discussed. 163 C. 309, 327. Cited. 165 C. 318.

      "Substantial and competent evidence" discussed. 17 CS 99; 18 CS 129; 20 CS 172. Employee applicant not a necessary party on appeal; he can just set the statutory machinery in motion. 17 CS 96. Superior court has jurisdiction to hear appeal from order dismissing complainant's complaint of discrimination against her. 28 CS 341.

      Subsec. (b):

      Cited. 168 C. 26. Cited. 176 C. 88, 96; Id., 291, 295; Id., 533, 538. Cited. 188 C. 44, 63.

      Annotations to present section:

      Cited. 196 C. 208, 217.

      Subsec. (a):

      Cited. 3 CA 464, 467.

      Subsec. (j):

      Cited. 195 C. 543, 550, 551. Cited. 196 C. 208, 216. Cited. 207 C. 547-549, 553. Cited. 211 C. 464, 468.

      Cited. 3 CA 464, 465. Cited. Id., 484, 485. Cited. 4 CA 423, 425. Cited. 5 CA 643, 647. Cited. 15 CA 569, 574.