Connecticut Administrative Code › Title 46a - Human Rights › 68 - Affirmative Action Plans by State Government Agencies Equal Employment Opportunity in Apprenticeship and Training › Affirmative Action by State Government › Part IV - Enforcement Procedures › Affirmative Action Plans by State Government Agencies › Part IV - ENFORCEMENT PROCEDURES › Section 46a-68-112 - Certificate of exemption; conciliation; hearings

Current through July 10, 2024
(a) An
						agency receiving a certificate of noncompliance may petition the Commissioner
						of the Department of Administrative Services and the Secretary of the Office of
						Policy and Management for issuance of a certificate of exemption in accordance
						with section
						46a-68a
						of the Connecticut General Statutes. A separate certificate of exemption shall
						be required for each vacancy in a position or position classification. A copy
						of the petition, together with evidence in support thereof, shall be served
						upon the Commission on Human Rights and Opportunities. Service shall be made in
						a manner permitted by section
						46a-68-109(c)
						of the Regulations of Connecticut State Agencies, and the petition shall so
						state.
(b) The Commissioner of the
						Department of Administrative Services and the Secretary of the Office of Policy
						and Management may refer the agency to the Commission on Human Rights and
						Opportunities to discuss whether an agreement pursuant to section
						46a-68-110
						of the Regulations of Connecticut State Agencies may be reached which would
						obviate the need for issuance of a certificate of exemption. In such event, the
						agency and Commission on Human Rights and Opportunities shall report the
						results of any such discussion to the Commissioner of the Department of
						Administrative Services and the Secretary of the Office of Policy and
						Management. Any agreement between an agency and the Commission on Human Rights
						and Opportunities shall be in writing and signed by the agency appointing
						authority, the agency equal employment opportunity officer and a representative
						of the Commission on Human Rights and Opportunities.
(c) If the agency receiving the certificate
						and the Commission on Human Rights and Opportunities are unable to reach an
						agreement pursuant to section
						46a-68-110
						of the Regulations of Connecticut State Agencies or if the Commissioner of the
						Department of Administrative Services and the Secretary of the Office of Policy
						and Management elect to determine whether an emergency situation exists without
						referring the agency to the Commission on Human Rights and Opportunities, as
						provided in subsection (b) of this section, the Commissioner of the Department
						of Administrative Services and Secretary of the Office of Policy and Management
						shall determine whether a certificate of exemption shall be issued. A
						certificate of exemption may issue if the Commissioner of the Department of
						Administrative Services and Secretary of the Office of Policy and Management
						find that the agency receiving the certificate of noncompliance has shown that
						failure to fill a vacant position or position classification will cause an
						emergency situation to exist jeopardizing the public welfare. The Commission on
						Human Rights and Opportunities shall respond to requests from the Commissioner
						of the Department of Administrative Services and Secretary of the Office of
						Policy and Management for information relating to the status of a non-complying
						agency's affirmative action plan.