reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 46a - Human Rights › 54 - Description of Organization, Rules of Practice and Personal Data Regulations › Complaint Processing and Contested Case Proceedings › Part III - Rules of Practice › Article II - Administrative Processing of Complaints › Part IV - Determination › Section 46a-54-59a - Final comments prior to a determination of reasonable cause or no reasonable cause

Current through July 10, 2024
(a) When an
						investigator believes that sufficient evidence has been gathered upon which to
						base a determination, the investigator shall notify in writing both the
						complainant and the respondent and their respective attorneys of their right to
						provide written or oral comments on all evidence in the commission's file,
						except as otherwise provided by federal law or other provision of the
						Connecticut General Statutes. The investigator's preliminary draft of the
						findings of fact and analysis shall be included with the notice.
(b) The complainant and the respondent shall
						have fifteen (15) days from the mailing of the notice in subsection (a) of this
						section to provide comments on the evidence in the case file and the
						preliminary draft of the investigator's findings of fact and
						analysis.
(c) The investigator
						shall consider any timely filed comments of the complainant and respondent when
						making a determination.
Connecticut Administrative Code › Title 46a - Human Rights › 54 - Description of Organization, Rules of Practice and Personal Data Regulations › Complaint Processing and Contested Case Proceedings › Part III - Rules of Practice › Article II - Administrative Processing of Complaints › Part IV - Determination › A - Finding of Reasonable Cause › Section 46a-54-60a - Finding of reasonable cause; conciliation

Current through July 10, 2024
(a) After
						  reviewing the evidence in the commission's file and considering any timely
						  comments of the complainant and respondent, if the investigator determines that
						  there is reasonable cause to believe that a discriminatory practice has
						  occurred as alleged in the complaint, as it may have been amended, the
						  investigator shall prepare a final determination of reasonable cause which
						  shall contain the factual findings upon which it is based.
(b) The complainant and respondent and their
						  respective attorneys shall be notified in writing of the finding.
						  Simultaneously, or thereafter, the investigator shall give the complainant and
						  respondent written notice of the commencement of the commission's conciliation
						  activities and shall proceed to conciliate.
(c) Conciliation conferences shall be
						  scheduled with the complainant and the complainant's attorney, the respondent
						  and the respondent's attorney or with both for the purpose of resolving the
						  complaint by conciliation and persuasion.
(d) Conciliation shall be conducted in
						  accordance with section
						  46a-83(f)
						  of the Connecticut General Statutes. If conciliation fails, the investigator
						  shall certify the complaint and the findings of the investigation pursuant to
						  section
						  46a-84(a)
						  of the Connecticut General Statutes.
Connecticut Administrative Code › Title 46a - Human Rights › 54 - Description of Organization, Rules of Practice and Personal Data Regulations › Complaint Processing and Contested Case Proceedings › Part III - Rules of Practice › Article II - Administrative Processing of Complaints › Part IV - Determination › B - Finding of No Reasonable Cause › Section 46a-54-61a - Issuance of finding of no reasonable cause; transmittal to complainant

Current through July 10, 2024
(a) After reviewing the evidence in the
						  commission's file and considering any timely comments of the complainant and
						  respondent, the investigator may determine that there is no reasonable cause to
						  believe that a discriminatory practice has occurred as alleged in the
						  complaint. The investigator shall prepare a final determination of no
						  reasonable cause containing the factual findings upon which the determination
						  is based.
(b) A copy of the final
						  finding shall be transmitted to the complainant and the respondent by certified
						  mail or other mail service that confirms receipt, with copies to counsel
						  appearing in behalf of parties by first-class mail. The complainant shall
						  simultaneously be notified of the complainant's right to request
						  reconsideration of the investigator's finding.
Connecticut Administrative Code › Title 46a - Human Rights › 54 - Description of Organization, Rules of Practice and Personal Data Regulations › Complaint Processing and Contested Case Proceedings › Part III - Rules of Practice › Article II - Administrative Processing of Complaints › Part IV - Determination › B - Finding of No Reasonable Cause › Section 46a-54-62a - Requests for reconsideration procedures

Current through July 10, 2024
(a) The
						  complainant may request reconsideration of his or her complaint following
						  dismissal due to:
(1) A finding of no
						  reasonable cause;
(2) A merit
						  assessment review;
(3) Failure to
						  attend a mandatory mediation session after notice and without good
						  cause;
(4) Failure to accept full
						  relief, if the respondent has eliminated the discriminatory practice complained
						  of, has taken steps to prevent a like occurrence in the future and offered full
						  relief to the complainant; or
(5)
						  Failure to cooperate with the commission's staff in the processing of the
						  complaint.
Connecticut Administrative Code › Title 46a - Human Rights › 54 - Description of Organization, Rules of Practice and Personal Data Regulations › Complaint Processing and Contested Case Proceedings › Part III - Rules of Practice › Article II - Administrative Processing of Complaints › Part IV - Determination › B - Finding of No Reasonable Cause › Section 46a-54-63a - No-fault conciliation

Current through July 10, 2024
The respondent may, not later than thirty (30) days
							 after receipt of a complaint, choose to provide immediate relief to the
							 complainant. If the complainant accepts the offer of relief and the relief
							 offered is acceptable to the commission as a just resolution of the complaint,
							 a no-fault conciliation agreement shall be executed and the complaint shall be
							 disposed of subject to full performance by the respondent of the terms of the
							 no-fault conciliation agreement and without a determination by the commission
							 of the liability of the respondent. An offer of a no-fault conciliation shall
							 not extend the period of time in which an answer to the complaint is due, and
							 the commission or other party may request the entry of an order of default in
							 the event that an answer is not timely filed despite the pendency of a no-fault
							 conciliation offer. Any agreement to resolve a complaint through a no-fault
							 conciliation shall be executed by the complainant, respondent and the
							 commission before the answer is required to be filed.
Connecticut Administrative Code › Title 46a - Human Rights › 54 - Description of Organization, Rules of Practice and Personal Data Regulations › Complaint Processing and Contested Case Proceedings › Part III - Rules of Practice › Article II - Administrative Processing of Complaints › Part IV - Determination › B - Finding of No Reasonable Cause › Section 46a-54-64a - Suspension of case processing; appeal; resumption of case processing

Current through July 10, 2024
(a) In order to expedite processing of
						  complaints where the complainant is proceeding only with a complaint filed
						  pursuant to section
						  46a-82(a)
						  of the Connecticut General Statutes, the executive director may, on her or his
						  own or at the request of the complainant, respondent or both, suspend
						  processing of a complaint being processed pursuant to section 46a-54-15 a to
						  section 46a-54-71 a, inclusive, where the issues raised in the complaint are
						  being pursued pursuant to:
(1) Arbitration
						  proceedings as referenced in section
						  46a-83b
						  or section
						  46a-85
						  of the Connecticut General Statutes;
(2) An action in the Superior Court pursuant
						  to section
						  46a-98a
						  of the Connecticut General Statutes;
(3) An action in the Superior Court pursuant
						  to section
						  46a-99
						  of the Connecticut General Statutes; or
(4) Any other action before a federal
						  administrative agency or state or federal court involving the same parties and
						  issues pending before the commission in the discriminatory practice complaint
						  filed pursuant to section
						  46a-82
						  of the Connecticut General Statutes and section 46a-54-33 a to section
						  46a-54-36 a, inclusive, of the Regulations of Connecticut State
						  Agencies.
Connecticut Administrative Code › Title 46a - Human Rights › 54 - Description of Organization, Rules of Practice and Personal Data Regulations › Complaint Processing and Contested Case Proceedings › Part III - Rules of Practice › Article II - Administrative Processing of Complaints › Part IV - Determination › B - Finding of No Reasonable Cause › Section 46a-54-65a - Timeframes

Current through July 10, 2024
(a) Within ninety (90) days of the filing of
						  the respondent's answer to the complaint, the executive director shall conduct
						  a merit assessment review of the file, pursuant to section
						  46a-83(b)
						  of the Connecticut General Statutes and section 46a-54-49 a of the Regulations
						  of Connecticut State Agencies. If the complaint is amended prior to the
						  director's review of the file, the director shall conduct the review of the
						  file not later than ninety (90) days after the filing of the respondent's
						  answer to the amended complaint. If the complaint is not dismissed, it shall be
						  assigned to an investigator for further processing of the complaint.
(b) When a complaint is assigned to be
						  investigated, the investigation shall be commenced as soon as practicable and
						  completed not later than one hundred ninety (190) days after the determination
						  following the review conducted pursuant to section
						  46a-83(b)
						  of the Connecticut General Statutes. The executive director or the executive
						  director's designee may grant no more than two extensions of three months
						  each.
(c) When a complaint is filed
						  under section
						  46a-64c
						  or section
						  46a-81e
						  of the Connecticut General Statutes, the investigation shall be completed in
						  accordance with the timeframes contained in section
						  46a-64c(f)
						  and section
						  46a-81e(e)
						  of the Connecticut General Statutes.
Connecticut Administrative Code › Title 46a - Human Rights › 54 - Description of Organization, Rules of Practice and Personal Data Regulations › Complaint Processing and Contested Case Proceedings › Part III - Rules of Practice › Article II - Administrative Processing of Complaints › Part V - Releases; Complaint Dispositions; Withdrawal; Court Enforcement of Conciliation Agreements › Section 46a-54-66a - Releases of jurisdiction; action in the superior court

Current through July 10, 2024
(a) In accordance with section
						46a-100
						to section
						46a-104,
						inclusive, of the Connecticut General Statutes, any person who has timely filed
						a complaint with the commission pursuant to section
						46a-82
						of the Connecticut General Statutes, may commence an action in the Superior
						Court after the granting of a release of jurisdiction by the executive
						director.
(b) The executive
						director shall grant a release of jurisdiction if the request for the release
						is made:
(1) Prior to the expiration of two
						hundred ten (210) days from the filing of the complaint and the request is
						jointly made in writing by the complainant and the respondent, or their
						attorneys; or
(2) After the
						expiration of two hundred ten (210) days from the filing of the complaint, and
						the request is made in writing by the complainant or the complainant's
						attorney.
Connecticut Administrative Code › Title 46a - Human Rights › 54 - Description of Organization, Rules of Practice and Personal Data Regulations › Complaint Processing and Contested Case Proceedings › Part III - Rules of Practice › Article II - Administrative Processing of Complaints › Part V - Releases; Complaint Dispositions; Withdrawal; Court Enforcement of Conciliation Agreements › Section 46a-54-67a - Complaint dispositions

Current through July 10, 2024
(a) A complaint may
						be disposed of when there has been a satisfactory resolution of a complaint by
						conciliation agreement in accordance with:
(1)
						A no-fault conciliation agreement as set forth in section 46a-54-63 a of the
						Regulations of Connecticut State Agencies;
(2) A predetermination conciliation agreement
						including but not limited to those obtained in accordance with section
						46a-54-55 a of the Regulations of Connecticut State Agencies; or
(3) A conciliation agreement in accordance
						with section 46a-54-60 a of the Regulations of Connecticut State
						Agencies.
Connecticut Administrative Code › Title 46a - Human Rights › 54 - Description of Organization, Rules of Practice and Personal Data Regulations › Complaint Processing and Contested Case Proceedings › Part III - Rules of Practice › Article II - Administrative Processing of Complaints › Part V - Releases; Complaint Dispositions; Withdrawal; Court Enforcement of Conciliation Agreements › Section 46a-54-68a - Withdrawal of complaint; substitution of the commission

Current through July 10, 2024
(a) A complainant may withdraw a complaint
						with or without settlement. Any withdrawal may be on a form prescribed by the
						commission and shall include a statement that the withdrawal is a knowing and
						voluntary act undertaken without duress and shall include the reason(s) for the
						withdrawal.
(b) If the commission
						believes that discriminatory practices reasonably like or related to those
						alleged in the complaint are occurring, it may substitute itself as the
						complaining party in accordance with section 46a-54-40 a of the Regulations of
						Connecticut State Agencies and proceed upon the complaint, in accordance with
						the provisions of the Connecticut General Statutes and section 46a-54-15 a to
						section 46a-54-71 a, inclusive, of the Regulations of Connecticut State
						Agencies.
Connecticut Administrative Code › Title 46a - Human Rights › 54 - Description of Organization, Rules of Practice and Personal Data Regulations › Complaint Processing and Contested Case Proceedings › Part III - Rules of Practice › Article II - Administrative Processing of Complaints › Part V - Releases; Complaint Dispositions; Withdrawal; Court Enforcement of Conciliation Agreements › Section 46a-54-69a - Complaint; court enforcement of conciliation agreement

Current through July 10, 2024
Any person claiming to be aggrieved by the breach of a
						  conciliation agreement referenced in section 46a-54-67 a(a) of the Regulations
						  of Connecticut State Agencies may, in accordance with section
						  46a-98a
						  of the Connecticut General Statutes, request court enforcement of the
						  conciliation agreement.
Connecticut Administrative Code › Title 46a - Human Rights › 54 - Description of Organization, Rules of Practice and Personal Data Regulations › Complaint Processing and Contested Case Proceedings › Part III - Rules of Practice › Article II - Administrative Processing of Complaints › Part V - Releases; Complaint Dispositions; Withdrawal; Court Enforcement of Conciliation Agreements › Section 46a-54-70a - Injunctions

Current through July 10, 2024
The commission may seek injunctions in accordance with
						  the procedures set forth in the Connecticut General Statutes.
Connecticut Administrative Code › Title 46a - Human Rights › 54 - Description of Organization, Rules of Practice and Personal Data Regulations › Complaint Processing and Contested Case Proceedings › Part III - Rules of Practice › Article II - Administrative Processing of Complaints › Part V - Releases; Complaint Dispositions; Withdrawal; Court Enforcement of Conciliation Agreements › Section 46a-54-71a - Request for reopening procedures

Current through July 10, 2024
(a) A complainant
						or a respondent, may, for good cause shown, in the interest of justice, apply
						in writing for the reopening of a matter previously closed by the commission.
(1) Any application requesting reopening
						shall be received in an office of the commission not later than two (2) years
						after the commission's final decision on the matter. The complainant or
						respondent requesting reopening of a previously closed matter shall be
						responsible for establishing timely receipt of the request for reopening in an
						office of the commission.
(2) The
						complainant or respondent requesting reopening shall set forth with specificity
						the reason(s) for the request. A request that fails to provide the reason(s)
						for the reopening may not be considered a reopening request.
(3) A complainant requesting reopening shall
						certify that a copy of the written application was mailed to the respondent or
						the respondent's attorney. A respondent requesting reopening shall certify that
						a copy of the written application was mailed to the complainant or the
						complainant's attorney.
(4) The
						executive director or the executive director's designee shall send a notice
						confirming receipt of the reopening request to the complainant, respondent, and
						their respective attorneys, if known. The notice shall invite the applicant and
						the other party to submit any other information relating to the request for
						reopening by a date certain.
Connecticut Administrative Code › Title 46a - Human Rights › 54 - Description of Organization, Rules of Practice and Personal Data Regulations › Complaint Processing and Contested Case Proceedings › Part III - Rules of Practice › Article II - Administrative Processing of Complaints › Part V - Releases; Complaint Dispositions; Withdrawal; Court Enforcement of Conciliation Agreements › Section 46a-54-72a to 46a-54-77a - Reserved

Current through July 10, 2024
Connecticut Administrative Code › Title 46a - Human Rights › 54 - Description of Organization, Rules of Practice and Personal Data Regulations › Complaint Processing and Contested Case Proceedings › Part III - Rules of Practice › Article III - Contested Case Proceedings › Section 46a-54-78a - Commencement of contested case proceeding; conferences and hearings; applicability

Current through July 10, 2024
(a) Contested case
					 proceedings commence with the certification of the complaint. Article III shall
					 apply on or after its effective date to every contested case proceeding
					 commenced on or after such effective date. Article III shall also apply on or
					 after its effective date to all contested case proceedings pending before a
					 human rights referee on such effective date.
(b) Conferences and hearings held pursuant to
					 Article III include, but are not limited to, the following:
(1) Hearing conferences, in accordance with
					 section
					 46a-84(b)
					 of the Connecticut General Statutes, which establish procedures and dates for
					 settlement conferences, pre-hearing conferences, hearings and disclosure of
					 documents, and to address such other administrative matters as the presiding
					 officer deems necessary to aid in the timely disposition of the
					 complaint;
(2) Settlement
					 conferences, which afford the parties opportunities to resolve their disputes
					 prior to hearing; the parties may be required to submit a report in advance of
					 the conferences;
(3) Pre-hearing
					 conferences, which clarify the issues, resolve outstanding motions or matters
					 regarding production of documents, stipulate to facts, identify witnesses and
					 exhibits, and address other matters as the presiding officer deems necessary to
					 aid in the timely disposition of the complaint;
(4) Hearings, which provide the parties with
					 a reasonable opportunity, as determined by the presiding officer, to present
					 evidence and examine and compel the attendance of witnesses for resolution and
					 disposition of the complaint on its merits;
(5) Hearings in damages, which follow entries
					 of orders of default; a hearing in damages shall be limited to the relief
					 necessary to eliminate the discriminatory practice complained of and make the
					 complainant whole; and
(6) Such
					 other conferences and hearings as the presiding officer deems necessary to aid
					 in the timely disposition of the complaint.
Connecticut Administrative Code › Title 46a - Human Rights › 54 - Description of Organization, Rules of Practice and Personal Data Regulations › Complaint Processing and Contested Case Proceedings › Part III - Rules of Practice › Article III - Contested Case Proceedings › Section 46a-54-79a - Notice of hearing conference; service; amendment of complaint

Current through July 10, 2024
(a) Upon certification of the complaint, the
					 chief human rights referee shall appoint a human rights referee to act as a
					 presiding officer and shall further issue a notice of hearing conference which
					 shall be served in accordance with section 46a-54-18 a of the Regulations of
					 Connecticut State Agencies upon all parties, together with a copy of the
					 certified complaint and any amendment thereto. The notice shall include:
(1) A statement of the time and place of the
					 hearing conference;
(2) A statement
					 of the legal authority and jurisdiction under which the hearing is to be
					 held;
(3) A reference to the
					 particular sections of the statutes and regulations involved;
(4) A short and plain statement of the
					 matters asserted;
(5) A statement
					 informing the respondent that a written answer to the complaint shall be filed
					 within fifteen (15) days or such other time as may be established in the
					 notice;
(6) The address at which
					 all original papers concerning the contested case proceeding shall be filed;
					 and
(7) The address and telephone
					 number of the office of public hearings, which shall ensure that the special
					 needs of a party or witness are addressed through reasonable accommodation of
					 such person's needs, as required by law. In cases involving confidential
					 HIV-related or sexual assault information, any complaint or notice of hearing
					 conference served pursuant to this section shall conform to the intent of
					 section 46a-54-90 a(d) of the Regulations of Connecticut State
					 Agencies.
Connecticut Administrative Code › Title 46a - Human Rights › 54 - Description of Organization, Rules of Practice and Personal Data Regulations › Complaint Processing and Contested Case Proceedings › Part III - Rules of Practice › Article III - Contested Case Proceedings › Section 46a-54-80a - Hearing conference

Current through July 10, 2024
(a) The parties or
					 their authorized representatives shall appear at the hearing conference on the
					 date and at the time and place specified in the notice of hearing. The
					 presiding officer shall establish dates for the hearing and other conferences,
					 and shall address such additional matters as may aid in the disposition of the
					 complaint, including but not limited to:
(1)
					 Delineation of the case, the respective positions of the parties and
					 presentation of the issues at hearing;
(2) The necessity of amendments to the
					 complaint or answer;
(3) The
					 disclosure of documents in accordance with section 46a-54-89 a of the
					 Regulations of Connecticut State Agencies;
(4) Motions directed to the
					 pleadings;
(5) The exchange of
					 witness and exhibit lists;
(6) The
					 exchange of copies of documents each party intends to or is likely to introduce
					 at hearing; and
(7) Settlement of
					 the complaint, provided the presiding officer shall not be present during
					 settlement discussions.
Connecticut Administrative Code › Title 46a - Human Rights › 54 - Description of Organization, Rules of Practice and Personal Data Regulations › Complaint Processing and Contested Case Proceedings › Part III - Rules of Practice › Article III - Contested Case Proceedings › Section 46a-54-81a - Parties and intervenors

Current through July 10, 2024
(a) The
					 complainant, the commission and the respondent shall be parties. Other persons
					 may petition the presiding officer to participate as parties and intervenors.
					 The presiding officer may grant party or intervenor status to any person
					 meeting the standards of section
					 4-177a
					 of the Connecticut General Statutes, and may limit or restrict the intervenor's
					 participation as provided therein. Once granted such status, a party or
					 intervenor, subject to any limitations imposed by the presiding officer, shall
					 be treated as any other party to the proceedings, with the same rights and
					 obligations attendant thereto.
(b)
					 Any party may object to the participation of another person as a party or
					 intervenor by filing a written objection in accordance with section 46a-54-87 a
					 of the Regulations of Connecticut State Agencies and serving a copy of the
					 objection upon the person seeking such status and upon all parties of
					 record.
Connecticut Administrative Code › Title 46a - Human Rights › 54 - Description of Organization, Rules of Practice and Personal Data Regulations › Complaint Processing and Contested Case Proceedings › Part III - Rules of Practice › Article III - Contested Case Proceedings › Section 46a-54-82a - Representation; appearances; withdrawals

Current through July 10, 2024
(a) Except as
					 provided in subsection (b) of this section, the case in support of the
					 complaint shall be presented by the commission. The commission shall be
					 represented by commission counsel or the Attorney General, as provided in
					 section
					 46a-55
					 and section
					 46a-84
					 of the Connecticut General Statutes.
(b) The complainant may appear pro se or
					 through counsel
.
If the complainant appears through counsel, the
					 attorney for the commission may allow the attorney for the complainant to
					 present all or part of the case in support of the complaint, as the attorney
					 for the commission deems appropriate.
(c) The respondent may appear pro se or
					 through counsel, as provided by law.
(d) Appearances prepared in accordance with
					 section 46a-54-16 a of the Regulations of Connecticut State Agencies shall be
					 filed with the office of public hearings, with copies served upon all parties.
					 Attorneys shall meet the requirements set forth in section 46a-54-15 a of the
					 Regulations of Connecticut State Agencies. An appearance form is available from
					 the office of public hearings and it may be used in lieu of the written
					 notice.
(e) An attorney who wishes
					 to withdraw an appearance shall file written notice with the office of public
					 hearings and concurrently serve copies of the notice upon his or her client,
					 and other parties and intervenors. The notice shall include the following
					 information: the name of the case; the case number; the withdrawing attorney's
					 name, address, telephone and facsimile numbers and juris number; and the name
					 of the party represented. The attorney shall include a certification that a
					 copy of the notice was mailed to all counsel and pro se parties and intervenors
					 of record and to the client. The certification shall include the name of each
					 party, intervenor, and client served, the address at which service was made,
					 and the dates copies were mailed or delivered. A withdrawal of appearance form
					 is available from the office of public hearings, and it may be used in lieu of
					 the written notice.
Connecticut Administrative Code › Title 46a - Human Rights › 54 - Description of Organization, Rules of Practice and Personal Data Regulations › Complaint Processing and Contested Case Proceedings › Part III - Rules of Practice › Article III - Contested Case Proceedings › Section 46a-54-83a - Powers and duties of the presiding officer

Current through July 10, 2024
(a) The
					 presiding officer shall have full authority to control the contested case
					 proceeding, to receive motions and other papers, to administer oaths, to admit
					 or to exclude testimony or other evidence and to rule upon all motions and
					 objections. A presiding officer may, on his or her own or upon motion by a
					 party, subpoena witnesses and compel their attendance for the purpose of
					 providing testimony or producing physical evidence or both. Such authority
					 shall vest in the presiding officer upon appointment by the chief human rights
					 referee.
(b) The presiding officer,
					 in the exercise of reasonable discretion, may exclude from the hearing room any
					 witness not testifying, and may exclude from attendance or participation in the
					 proceeding any person who engages in improper conduct during the hearing as
					 provided in section
					 1-232
					 of the Connecticut General Statutes.
(c) The presiding officer may continue a
					 hearing or conference from day to day or adjourn it to a later date or to a
					 different place by appropriate notice to all parties and intervenors. Such
					 notice shall be posted on the door of the hearing room if the change is made
					 within twenty-four (24) hours of the scheduled hearing.
Connecticut Administrative Code › Title 46a - Human Rights › 54 - Description of Organization, Rules of Practice and Personal Data Regulations › Complaint Processing and Contested Case Proceedings › Part III - Rules of Practice › Article III - Contested Case Proceedings › Section 46a-54-84a - Amendment of complaint to substitute or add the commission

Current through July 10, 2024
(a) After the appointment of a presiding
					 officer, the commission may move to amend any complaint filed under section
					 46a-82
					 of the Connecticut General Statutes to substitute or add itself as a
					 complaining party:
(1) Not later than sixty
					 (60) days after the hearing conference, if the commission believes that the
					 discriminatory practices complained of affect the legal rights of persons other
					 than the complainant; or
(2) Not
					 later than thirty (30) days after a complainant withdraws the complaint, and
					 the commission believes that the discriminatory practices complained of raise
					 issues of public policy or affect the legal rights of persons similarly
					 situated to the complainant, except that the attorney for the commission may
					 waive the commission's right to amend the complaint; or
(3) Not later than thirty (30) days after the
					 commission has been notified of a complainant's death, and the commission
					 believes that the discriminatory practices complained of raise issues of public
					 policy or affect the legal rights of persons similarly situated to the
					 complainant.
(4) The timeframes in
					 subsection (a) of this section may be modified by motion of a party for good
					 cause shown.
Connecticut Administrative Code › Title 46a - Human Rights › 54 - Description of Organization, Rules of Practice and Personal Data Regulations › Complaint Processing and Contested Case Proceedings › Part III - Rules of Practice › Article III - Contested Case Proceedings › Section 46a-54-85a - Filing and service of papers

Current through July 10, 2024
(a) For the
					 purposes of Article III, the term "paper" means any motion, pleading,
					 memorandum, correspondence or other non-evidentiary document filed with the
					 office of public hearings.
(b)
					 Except for papers relating to the settlement of contested case proceedings, any
					 paper, howsoever designated, shall be filed by delivering the original and one
					 (1) copy to the office of public hearings.
(c) Any such paper filed by a party or
					 intervenor with the office of public hearings shall be served upon all other
					 parties and intervenors or, if such other parties and intervenors appear by
					 counsel, upon such counsel, whether such requirement of service is specifically
					 recited elsewhere or not.
(d) Upon
					 agreement by the parties and the approval of the presiding officer, the parties
					 may file papers electronically.
(e)
					 Unless otherwise ordered by the presiding officer, the original of any paper
					 and one (1) copy may be filed with the presiding officer during a
					 hearing.
(f) The office of public
					 hearings shall maintain the original of all such papers in the
					 record.
(g) Papers relating to the
					 settlement of contested case proceedings shall be identified as such in large
					 bold-faced type immediately following the case caption. The original of such
					 papers, without a copy, shall be filed with the office of public hearings and
					 served in accordance with subsection (b) of this section. Such papers shall not
					 become part of the record.
Connecticut Administrative Code › Title 46a - Human Rights › 54 - Description of Organization, Rules of Practice and Personal Data Regulations › Complaint Processing and Contested Case Proceedings › Part III - Rules of Practice › Article III - Contested Case Proceedings › Section 46a-54-86a - Answer

Current through July 10, 2024
(a) A respondent's answer to the complaint
					 and amended complaint shall be filed under oath. The answer shall be in writing
					 and signed by the respondent. The original and one (1) copy shall be filed in
					 accordance with section 46a-54-85 a(b) of the Regulations of Connecticut State
					 Agencies not later than fifteen (15) days after the date the complaint, as it
					 may have been amended, and notice of hearing are received, unless the notice
					 provides for a different period of time in which to answer. If a complaint is
					 amended in accordance with section 46a-54-79 a(e) of the Regulations of
					 Connecticut State Agencies, the presiding officer shall determine a reasonable
					 date for the filing of the answer.
(b) The answer shall admit or deny each and
					 every allegation of the complaint and amended complaint. Failure to answer any
					 allegation or part of an allegation shall be deemed an admission of such
					 allegation or part thereof without the need for further proof. Admissions and
					 denials shall be direct, precise and specific, and not argumentative,
					 hypothetical or in the alternative. Denials shall fairly meet the substance of
					 the allegations denied. When the respondent has insufficient information to
					 admit or deny an allegation, the answer shall so state. When the respondent
					 wishes to admit or deny only a portion of an allegation, the answer shall refer
					 to that portion. Affirmative defenses shall be specially pleaded or they shall
					 be deemed waived.
(c) Any answer
					 filed pursuant to 46a-84 of the Connecticut General Statutes may, upon motion,
					 be amended after the appointment of a presiding officer. The presiding officer
					 shall permit reasonable amendment thereto and shall allow the parties and
					 intervenors sufficient time to reply and prepare their case in light of the
					 amendment.
Connecticut Administrative Code › Title 46a - Human Rights › 54 - Description of Organization, Rules of Practice and Personal Data Regulations › Complaint Processing and Contested Case Proceedings › Part III - Rules of Practice › Article III - Contested Case Proceedings › Section 46a-54-87a - Motions, objections and waiver

Current through July 10, 2024
(a) Except as
					 otherwise permitted by the presiding officer, all motions other than those made
					 orally on the record shall be in writing, stating briefly the order or relief
					 applied for and the grounds for such motion. Where time is essential, motions
					 may be made by telephone conference call, provided that all parties have an
					 opportunity to participate and further provided that the motion is reduced to
					 writing as set forth in this subsection. Motions shall be filed in accordance
					 with section 46a-54-85 a(b) of the Regulations of Connecticut State
					 Agencies.
(b) Objections or other
					 responses to motions shall be in writing, stating briefly the basis of the
					 objection or response, and shall be filed not later than fourteen (14) days
					 after the filing of the motion, unless the presiding officer orders otherwise.
					 Responses to motions shall be filed in accordance with section 46a-54-85 a(b)
					 of the Regulations of Connecticut State Agencies.
(c) The presiding officer may decide all
					 motions without oral argument. If the presiding officer, on his or her own or
					 upon motion by a party, orders oral argument, the presiding officer shall
					 notify the parties of the time and place for such argument. Parties not present
					 shall be deemed to waive their right to participate at oral argument.
(d) Motions made during a hearing, and
					 objections, including but not limited to objections to such motions, to the
					 conduct of a hearing, and to the introduction of evidence, may be made orally
					 or in writing. Any objection not duly and timely made before the presiding
					 officer may be deemed waived.
Connecticut Administrative Code › Title 46a - Human Rights › 54 - Description of Organization, Rules of Practice and Personal Data Regulations › Complaint Processing and Contested Case Proceedings › Part III - Rules of Practice › Article III - Contested Case Proceedings › Section 46a-54-88a - Default and dismissal

Current through July 10, 2024
(a) The presiding
					 officer may, on his or her own or upon motion by a party, enter an order of
					 default against a respondent if the respondent:
(1) Fails to file a written answer as
					 provided for in section 46a-54-86 a of the Regulations of Connecticut State
					 Agencies; or
(2) Fails to appear at
					 a lawfully noticed conference or hearing.
Connecticut Administrative Code › Title 46a - Human Rights › 54 - Description of Organization, Rules of Practice and Personal Data Regulations › Complaint Processing and Contested Case Proceedings › Part III - Rules of Practice › Article III - Contested Case Proceedings › Section 46a-54-89a - Disclosure of documents

Current through July 10, 2024
(a) Each party
					 shall be afforded the opportunity to inspect and copy relevant and material
					 records, papers and documents not in the possession of the party, except as
					 otherwise provided by applicable state or federal law.
(b) If a party fails to comply with an order
					 of the presiding officer regarding a request for disclosure or production, the
					 presiding officer may issue a non-monetary order. The order may include:
(1) An order that the matters that are the
					 subject of the request for production or disclosure shall be established in
					 accordance with the claim of the party requesting such order; and
(2) An order prohibiting the party who has
					 failed to comply from introducing designated matters into evidence.
Connecticut Administrative Code › Title 46a - Human Rights › 54 - Description of Organization, Rules of Practice and Personal Data Regulations › Complaint Processing and Contested Case Proceedings › Part III - Rules of Practice › Article III - Contested Case Proceedings › Section 46a-54-90a - Conduct of hearings

Current through July 10, 2024
(a) All hearings
					 shall be conducted by a presiding officer and be open to the public.
(b) Parties may call, examine and
					 cross-examine witnesses and introduce evidence into the record of the
					 proceedings, subject to the ruling of the presiding officer and as provided in
					 section 46a-54-78 a to section 46a-54-96 a, inclusive, of the Regulations of
					 Connecticut State Agencies and the Connecticut General Statutes.
(c) Exhibits of each party shall be marked to
					 identify the party offering them.
(d) The presiding officer shall take all
					 steps reasonably necessary, including but not limited to the use of pseudonyms,
					 to protect the identity of individuals where confidential HIV-related
					 information, as defined in section
					 19a-581(8)
					 of the Connecticut General Statutes, or sexual assault information is involved.
					 All evidence, papers and other documents that identify the individual shall be
					 sealed. In accordance with section 46a-54-22 a and section 46a-54-23 a of the
					 Regulations of Connecticut State Agencies, the presiding officer shall issue
					 such orders as necessary to protect individuals concerning confidential
					 HIV-related information and confidential sexual assault information.
Connecticut Administrative Code › Title 46a - Human Rights › 54 - Description of Organization, Rules of Practice and Personal Data Regulations › Complaint Processing and Contested Case Proceedings › Part III - Rules of Practice › Article III - Contested Case Proceedings › Section 46a-54-91a - Waiver of hearing; bifurcation of hearing; expedited proceedings

Current through July 10, 2024
(a) The presiding officer, without holding a
					 hearing and with the written consent of the parties, may make findings of fact
					 and conclusions of law upon stipulated facts or admissions.
(b) The presiding officer may, upon motion by
					 a party, bifurcate a hearing into a liability phase and a damages
					 phase.
(c) For good cause shown, a
					 presiding officer may, on his or her own or upon motion by a party, suspend the
					 requirements of section 46a-54-78 a to section 46a-54-96 a, inclusive, of the
					 Regulations of Connecticut State Agencies except for those provisions required
					 by statute.
Connecticut Administrative Code › Title 46a - Human Rights › 54 - Description of Organization, Rules of Practice and Personal Data Regulations › Complaint Processing and Contested Case Proceedings › Part III - Rules of Practice › Article III - Contested Case Proceedings › Section 46a-54-92a - Witnesses

Current through July 10, 2024
Witnesses at all hearings shall be examined orally, under
						oath or affirmation. The presiding officer may question witnesses to ensure a
						full inquiry into all contested facts and to ensure a fair determination of the
						issues.
Connecticut Administrative Code › Title 46a - Human Rights › 54 - Description of Organization, Rules of Practice and Personal Data Regulations › Complaint Processing and Contested Case Proceedings › Part III - Rules of Practice › Article III - Contested Case Proceedings › Section 46a-54-93a - Closing arguments and briefs

Current through July 10, 2024
At the close of evidence, the parties may present their
						final arguments on the facts and issues of the case orally before the presiding
						officer. The presiding officer may, on his or her own, or upon motion by a
						party, require the filing of briefs upon such terms and within such time as the
						presiding officer determines. The presiding officer may require the parties to
						submit proposed findings of fact. The presiding officer may deem the failure to
						brief any claim to be a waiver of said claim.
Connecticut Administrative Code › Title 46a - Human Rights › 54 - Description of Organization, Rules of Practice and Personal Data Regulations › Complaint Processing and Contested Case Proceedings › Part III - Rules of Practice › Article III - Contested Case Proceedings › Section 46a-54-94a - Final decisions and orders; correction

Current through July 10, 2024
(a) Final
					 decisions and orders shall contain the names and addresses of the parties and
					 intervenors, findings of fact, conclusions of law, the analysis by the
					 presiding officer and an appropriate order and such other information as may be
					 required by chapter 54 of the Connecticut General Statutes.
(b) The presiding officer may modify a final
					 decision to correct clerical errors in accordance with section
					 4-181a(c)
					 of the Connecticut General Statutes.
(c) The presiding officer shall enter final
					 orders with respect to each respondent.
Connecticut Administrative Code › Title 46a - Human Rights › 54 - Description of Organization, Rules of Practice and Personal Data Regulations › Complaint Processing and Contested Case Proceedings › Part III - Rules of Practice › Article III - Contested Case Proceedings › Section 46a-54-95a - Reconsideration, reversal or modification of final decision

Current through July 10, 2024
The final decision and order of the presiding officer may
						be reconsidered, reversed or modified in accordance with section
						4-181a
						of the Connecticut General Statutes.
Connecticut Administrative Code › Title 46a - Human Rights › 54 - Description of Organization, Rules of Practice and Personal Data Regulations › Complaint Processing and Contested Case Proceedings › Part III - Rules of Practice › Article III - Contested Case Proceedings › Section 46a-54-96a - Record of proceedings

Current through July 10, 2024
In addition to the items specified in section
						4-177(d)
						of the Connecticut General Statutes, the record of a contested case proceeding
						shall include, but not be limited to: the complaint and any amended complaint,
						the answer and any amended answer, briefs and other legal memoranda, and any
						correspondence between the presiding officer and any party, intervenor, or
						other person concerning the contested case proceeding. The record shall not
						include papers that relate to the settlement of contested case proceedings. The
						record shall be maintained by the office of public hearings in accordance with
						the applicable provisions of the Connecticut General
						Statutes.
Connecticut Administrative Code › Title 46a - Human Rights › 54 - Description of Organization, Rules of Practice and Personal Data Regulations › Complaint Processing and Contested Case Proceedings › Part III - Rules of Practice › Article III - Contested Case Proceedings › Section 46a-54-97a - Construction of rules and regulations

Current through July 10, 2024
Nothing in section 46a-54-1 a to section 46a-54-98 a,
						inclusive, of the Regulations of Connecticut State Agencies shall be construed
						to limit the powers of the commission as set forth in the Connecticut General
						Statutes.
Connecticut Administrative Code › Title 46a - Human Rights › 54 - Description of Organization, Rules of Practice and Personal Data Regulations › Complaint Processing and Contested Case Proceedings › Part III - Rules of Practice › Article III - Contested Case Proceedings › Section 46a-54-98a - Severability

Current through July 10, 2024
If any provision of section 46a-54-1 a to section
						46a-54-98 a, inclusive, of the Regulations of Connecticut State Agencies
						regulations should be found to be unconstitutional or otherwise legally
						unenforceable, all other provisions of section 46a-54-1 a to section 46a-54-98
						a, inclusive, of the Regulations of Connecticut State Agencies shall remain in
						full force and effect.