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 I - Complaints › Section 46a-54-36a - Complaint - manner, date and responsibility for filing

Current through July 10, 2024
(a) A complaint may be filed by delivery in
						person, by United States mail or by document or other delivery service, to an
						office of the commission.
(b) The
						date of filing shall be the date the complaint is received by the commission in
						one of its offices.
(c) The
						complainant is responsible for the timely filing of a complaint in accordance
						with the Connecticut General Statutes and section 46a-54-34 a of the
						Regulations of Connecticut State Agencies, provided that once the commission
						receives a complaint, the commission's failure to promptly record the
						complaint, shall not affect the validity of the complaint or the commission's
						authority to process 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 I - Complaints › Section 46a-54-37a - Complaint involving confidential HIV-related information or victims of sexual assault; use of pseudonym

Current through July 10, 2024
(a) The commission
						shall take two complaints with the same number:
(1) If a complaint involves reference to
						confidential HIV-related information, as defined in section
						19a-581(8)
						of the Connecticut General Statutes, concerning the complainant or another
						individual.
(2) If a complaint
						involves reference to confidential victim of sexual assault related information
						concerning the complainant or another individual.
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 I - Complaints › Section 46a-54-38a - Complaint - amendment

Current through July 10, 2024
(a) A complaint, or
						any part thereof, may be fairly and reasonably amended as a matter of right at
						any time before the appointment of a presiding officer.
(b) A complaint may be amended to restate its
						contents on a commission complaint form, to cure technical defects and
						omissions or to clarify and amplify allegations made therein. Such amendments
						and amendments alleging additional acts that constitute discriminatory
						practices which are reasonably like or related to or growing out of the
						allegations of the original complaint, including those facts discovered during
						the investigation of the original complaint, and including additional protected
						class status or naming additional respondents who have had notice of the
						complaint, relate back to the date the complaint was first received.
(c) After the commission receives a sworn
						amendment to the complaint, the amended complaint shall be served upon the
						respondent. Amendments adding an additional respondent shall be served not
						later than twenty (20) days after receipt.
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 I - Complaints › Section 46a-54-39a - Complaint - when issued by the commission

Current through July 10, 2024
(a) The commission
						may issue a complaint whenever:
(1) It has
						reason to believe that a person has been engaged or is engaged in a
						discriminatory practice or discriminatory practices;
(2) An affirmative action plan filed pursuant
						to section
						46a-68
						of the Connecticut General Statutes is in violation of any of the provisions of
						section
						4-61u
						or
						4-61w,
						section
						46a-54
						to
						46a-64,
						inclusive, section
						46a-64c
						or sections
						46a-70
						to
						46a-78,
						inclusive, of the Connecticut General Statutes;
(3) An agency, department, board or
						commission of the state of Connecticut fails to submit an affirmative action
						plan required under section
						46a-68
						of the Connecticut General Statutes and the regulations adopted pursuant
						thereto.
(4) It has reason to
						believe that a contractor or subcontractor is not complying with
						anti-discrimination statutes or contract provisions required under section
						4a-60
						or
						4a-60a
						of the Connecticut General Statutes or the provisions of section
						46a-68c,
						46a-68d,
						46a-68e
						or
						46a-68f
						of the Connecticut General Statutes; or
(5) It has reason to believe that, with
						respect to a state contract, a contractor, subcontractor or supplier of
						materials has (A) fraudulently qualified as a minority business enterprise or
						(B) performed services or supplied materials on behalf of another contractor,
						subcontractor or supplier of materials knowing (i) that such other contractor,
						subcontractor or supplier has fraudulently qualified as a minority business
						enterprise in order to comply with anti-discrimination statutes or contract
						provisions required under section
						4a-60
						or section
						4a-60a
						of the Connecticut General Statutes and (ii) such services or materials are to
						be used in connection with a contract entered into pursuant to section
						4a-60g(b)
						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 I - Complaints › Section 46a-54-40a - Amendment of complaint to substitute or add the commission

Current through July 10, 2024
(a) The commission may amend any complaint
						filed under section
						46a-82(a)
						of the Connecticut General Statutes to substitute or add itself as a
						complaining party whenever:
(1) A complainant
						wishes to withdraw her or his complaint, but the commission believes that the
						practices complained of raise issues of public policy or affect the legal
						rights of persons similarly situated to the complainant;
(2) A complainant wishes to pursue her or his
						complaint, and the commission believes that the practices complained of
						adversely affect the legal rights of persons other than the complainant;
						or
(3) A complainant dies and the
						commission believes that the practices complained of raise issues of public
						policy or affect the legal rights of persons similarly situated to the
						complainant. Alternatively, or additionally, the complaint may be amended
						pursuant to section 46a-54-38 a of the Regulations of Connecticut State
						Agencies to allow a representative of the complainant's estate to pursue 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 I - Complaints › Section 46a-54-41a - Notice of amended complaint by the commission; response by persons similarly situated to the complainant

Current through July 10, 2024
(a) When any
						complaint is amended to substitute or add the commission as a complaining party
						pursuant to section 46a-54-40 a of the Regulations of Connecticut State
						Agencies, the commission shall provide written notice to all persons who
						reasonably can be identified and whose legal rights the commission reasonably
						believes are adversely affected by the practices complained of in the amended
						complaint by certified mail or other mail service that confirms receipt. Such
						notice shall apprise such persons of the pendency of the commission complaint
						and advise such persons that they shall inform the commission in writing if
						they wish to proceed to seek such relief as is authorized by chapter 814c of
						the Connecticut General Statutes.
(b) Any person receiving notice of an amended
						complaint pursuant to subsection (a) of this section shall file a written
						response with the commission stating whether he or she wishes to have the
						commission seek such relief as is authorized by chapter 814c of the Connecticut
						General Statutes, and shall provide information that the commission may
						request. If a person adversely affected by the practices complained of in the
						amended complaint fails to ask the commission to seek relief and to provide
						requested information, the commission may not proceed on behalf of such
						person's 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 II - Administrative Processing of Complaints › Part I - Complaints › Section 46a-54-42a - Jurisdictional review; service of complaint upon the respondent(s)

Current through July 10, 2024
(a) Prior to service of a complaint or an
						amended complaint upon the respondent, the commission shall review the
						complaint to determine jurisdiction over the complaint. The review shall
						include a determination of whether the complaint is timely filed, alleges a
						discriminatory practice as defined in section
						46a-51(8)
						of the Connecticut General Statutes and contains other matters necessary to the
						commission's jurisdiction over the complaint, as it may have been
						amended.
(b) Not later than twenty
						(20) days after the filing or receipt of a complaint or amendment of a
						complaint in an office of the commission, the complaint, as it may have been
						amended, shall be served upon the respondent(s) named in the complaint or an
						agent for the receipt of process as follows:
(1) If the complaint has been deemed to be
						jurisdictional, the complaint or amendment shall be accompanied by a notice
						informing the respondent of the alleged discriminatory practice(s) as set forth
						in the complaint and informing the respondent of its procedural rights and
						obligations. The complaint or amendment may also be accompanied by an
						interrogatory or subpoena requesting documents or information relating to the
						complaint. Any interrogatory or subpoena shall be answered in accordance with
						section 46a-54-52 a or section 46a-54-53 a of the Regulations of Connecticut
						State Agencies.
(2) If the
						complaint, as it may have been amended, is determined to be non-jurisdictional,
						the complaint shall be accompanied by a notice informing the respondent of its
						procedural rights and obligations under this chapter and also informing the
						respondent that an answer is not required at that time. At the same time, the
						complainant and the respondent shall be informed that they have an opportunity
						to provide written or oral comments on the evidence in the commission's file.
						If, after reviewing the evidence in the commission's file and the timely
						comments, if any, of the complainant and the respondent, the investigator
						determines that the complaint is non-jurisdictional and not susceptible to
						amendment to correct the defect, the complaint shall be disposed of by a
						finding of No Reasonable Cause - Lack of Jurisdiction in accordance with the
						procedures set forth in section 46a-54-61 a(a), section 46a-54-62 a and section
						46a-54-67 a(c) 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 II - Answers › Section 46a-54-43a - Duty to answer; time to answer; form of answer

Current through July 10, 2024
(a) A
						respondent's answer to the complaint shall be filed under oath with the
						commission not later than thirty (30) days after receipt of the complaint,
						except that an answer to a complaint alleging a violation of section
						46a-64c
						or section
						46a-81e
						of the Connecticut General Statutes shall be filed not later than ten (10)
						calendar days after receipt. The answer shall admit, deny or plead insufficient
						knowledge to each and every allegation of the complaint in accordance with
						subsection (b) of this section. The answer shall include each defense that the
						respondent intends to rely upon.
(b) The respondent shall plead in its answer
						as follows:
(1) That it ADMITS an
						allegation;
(2) That it DENIES an
						allegation. To the extent that it denies only part of an allegation the
						respondent shall, as part of its response to the allegation; admit so much of
						an allegation as is true and deny the rest only; or
(3) That it has INSUFFICIENT KNOWLEDGE of an
						allegation to admit or deny the allegation.
(4) If the respondent ADMITS, DENIES or has
						INSUFFICIENT KNOWLEDGE of part of an allegation, the respondent shall answer
						the complete allegation using the forms of response contained in subdivisions
						(1), (2) or (3) of this subsection that apply to each part of the allegation.
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 II - Answers › Section 46a-54-44a - Filing and service of answer and other information

Current through July 10, 2024
(a) The original of the answer and papers,
						documents and any other information in any form required by section 46a-54-1 a
						to section 46a-54-98 a, inclusive, of the Regulations of Connecticut State
						Agencies shall be filed in the office of the commission designated for receipt
						of the answer in the notice accompanying the complaint. Responsibility for
						receipt of the answer by the commission rests with the respondent. Service
						shall be provided in accordance with section 46a-54-19 a of the Regulations of
						Connecticut State Agencies.
(b) The
						respondent shall also serve a copy of the answer, and papers and documents and
						any other information in any form required by section 46a-54-1 a to section
						46a-54-98 a, inclusive, of the Regulations of Connecticut State Agencies upon
						the complainant at the address listed in the complaint. If the respondent has
						been notified of a more recent address for the complainant by the commission or
						the complainant, the answer and any other information required by section
						46a-54-1 a to section 46a-54-98 a, inclusive, of the Regulations of Connecticut
						State Agencies shall be served at that address.
(c) The answer filed with the commission
						shall include a certification that a copy of the answer and papers, and
						documents and any other information in any form required by section 46a-54-1 a
						to section 46a-54-98 a, inclusive, of the Regulations of Connecticut State
						Agencies were served upon the complainant in accordance with section 46a-54-19
						a(a)(2) of the Regulations of Connecticut State Agencies.
(d) Any amendment of an answer shall be filed
						with the commission and served on the complainant in accordance with section
						46a-54-19 a(a)(2) 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 II - Answers › Section 46a-54-45a - Extension of time to file answer

Current through July 10, 2024
A respondent may request, for good cause shown, an
						  extension of fifteen (15) days within which to file its answer to a complaint.
						  All requests shall be in writing, addressed to the commission's representative
						  named in the letter accompanying the complaint, with a copy served upon the
						  complainant or the complainant's representative in accordance with section
						  46a-54-19 a(a)(2) of the Regulations of Connecticut State Agencies. Such
						  requests shall be received prior to the date the answer was originally due.
						  Requests for extension of time may be granted, for good cause shown, or denied
						  at the discretion of the commission's representative. The response to a request
						  for extension of time shall inform the respondent of the date the answer is
						  due.
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 II - Answers › Section 46a-54-46a - Default for failure to answer

Current through July 10, 2024
(a) The executive
						director may enter an order of default against a respondent who, after notice,
						fails to answer a complaint in accordance with section
						46a-83(a)
						of the Connecticut General Statutes or within such extension of time as may
						have been granted under section 46a-54-45 a of the Regulations of Connecticut
						State Agencies.
(b) A commission
						attorney, the Attorney General, a manager or investigator or a complainant may
						request that the executive director enter an order of default. Requests to
						enter default shall be mailed to the executive director along with copies to
						the complainant or the commission and the respondent. Service upon the
						respondent shall be made by certified mail, return receipt requested, or other
						mail service that confirms receipt. The stamped "Receipt for Certified Mail" or
						other mail service's confirming receipt shall be prima facie proof of the date
						of mailing.
(c) After fifteen (15)
						days from the mailing of the "Request to Enter Default," the executive director
						may issue an order of default or deny the request, provided that no default
						shall enter if the respondent has answered the complaint under oath in
						accordance with the Connecticut General Statutes and section 46a-54-43 a of the
						Regulations of Connecticut State Agencies.
(d) If the respondent files a written
						objection specifically stating the reasons for its objection not later than
						fifteen (15) days after the mailing of the "Request to Enter Default," the
						executive director shall consider the reasons set forth in the objection. If an
						objection is filed, the executive director shall allow the commission counsel,
						Attorney General or complainant requesting the default order to respond fully
						to the objection.
(e) Upon the
						entry of an order of default, the complaint and case file shall be transferred
						to the office of public hearings to conduct a hearing in damages, pursuant to
						Article III.
(f) Prior to the
						commencement of a hearing in damages, the executive director may, for good
						cause shown, vacate an order of default.
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 II - Answers › Section 46a-54-47a - Amendments of complaints - answer

Current through July 10, 2024
Whenever a complaint is amended, a copy of the amended
						  complaint shall be served upon the respondent not later than ten (10) days
						  after the receipt of the amendment of the complaint by the commission's office
						  responsible for processing the complaint. The respondent shall have ten (10)
						  days after receipt to file an answer to a complaint amended to correct or
						  amplify the allegations therein. A respondent added to a complaint by amendment
						  shall have thirty (30) days to answer the amended complaint, except that a
						  respondent shall have ten (10) days to answer an amended complaint alleging a
						  violation of sections
						  46a-64c
						  or
						  46a-81e
						  of the Connecticut General Statutes. The form of the answer shall be in
						  accordance with section 46a-54-43 a of the Regulations of Connecticut State
						  Agencies. An extension of time to answer may be requested and either granted or
						  denied in accordance with section 46a-54-45 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 II - Answers › Section 46a-54-48a - Duty to reply; defenses; new matters in answer deemed denied; complainant's reply to answer

Current through July 10, 2024
(a) Any responses,
						including defenses and new matters raised in an answer shall be deemed denied
						if the complainant files no reply.
(b) A complainant may, not later than fifteen
						(15) days after receipt of the answer, file a reply in writing to the
						respondent's answer.
(c) If the
						respondent has received a fifteen (15) day extension to file its answer to the
						complaint, the complainant, upon request, shall also be granted a fifteen (15)
						day extension to file his or her reply to the answer.
(d) The reply shall be filed in the
						commission office to which the answer is addressed. Responsibility for proof of
						receipt of the reply by the commission rests with the complainant. A copy of
						the reply shall be served upon the respondent's agent or representative who
						filed the answer.
(e) The reply
						filed with the commission shall include a certification signed by the
						complainant or complainant's attorney that a copy of the reply was transmitted
						to the respondent in accordance with section 46a-54-19 a(a)(1) 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 II - Answers › Section 46a-54-49a - Merit assessment; review after the filing of respondent's answer and complainant's reply and information

Current through July 10, 2024
(a) Not later than
						ninety (90) days after the filing of the respondent's answer to the complaint
						or the filing of the respondent's answer to an amended complaint, the executive
						director or the executive director's designee shall review the file. In the
						event that the complaint is amended prior to the executive director's or the
						executive director's designee's review of the file, not later than ninety (90)
						days after the filing of the respondent's answer to the amended complaint, the
						executive director or the executive director's designee shall review the file.
						The review shall include the amended complaint, the respondent's answer to the
						amended complaint and any responses to the commission's request for information
						and any reply to the respondent's answer and responses to requests for
						information. Within the ninety (90) days in which the executive director or the
						executive director's designee reviews the file, in order to be considered as
						part of the merit assessment review, the respondent has thirty (30) days after
						filing an answer to submit additional information. Additional information from
						the respondent shall not be considered unless the complainant has had fifteen
						(15) days to review and respond to the information. Notwithstanding the
						respondent's duty to provide additional submissions not later than thirty (30)
						days after the filing of its answer, the executive director or the executive
						director's designee may consider, upon good cause shown, late-filed submissions
						provided the complainant has fifteen (15) days to rebut the respondent's
						submission and the executive director or the executive director's designee has
						not completed the merit assessment review.
(b) The executive director or the executive
						director's designee shall dismiss the complaint if he or she determines:
(1) The complaint fails to state a claim for
						relief;
(2) The complaint is
						frivolous on its face;
(3) The
						respondent is exempt from the provisions of chapter 814c of the Connecticut
						General Statutes; or
(4) There is
						no reasonable possibility that investigating the complaint will result in a
						finding of reasonable cause.
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 II - Answers › Section 46a-54-50a - Complainant's duty to provide information

Current through July 10, 2024
(a) The
						complainant, not later than thirty (30) days after receipt of a copy of the
						respondent's answer and responses to the complaint, and any papers, documents
						and any other information in any form required by section 46a-54-1 a to section
						46a-54-98 a, inclusive, of the Regulations of Connecticut State Agencies, shall
						provide any and all information in her or his possession or obtainable by
						reasonable means that relates to any contested allegation of the complaint or
						answer. This reply shall include but is not limited to all documentary evidence
						and the names, addresses and telephone numbers of persons having knowledge of
						the facts and circumstances alleged to constitute a discriminatory practice.
						The commission may require the complainant to clarify or supplement any such
						information, and the duty to provide such information by the complainant shall
						be a continuing one. The complainant shall respond to all commission requests
						for information.
(b) If the
						respondent has received an extension of time to file any papers, documents, and
						any other information in any form required by section 46a-54-1 a to section
						46a-54-98 a, inclusive, of the Regulations of Connecticut State Agencies, the
						complainant shall be granted a similar extension of time to file her or his
						reply to these documents.
(c) The
						reply shall be filed in the commission office to which the answer is addressed.
						Responsibility for proof of receipt by the commission rests with the
						complainant. A copy of the reply shall be served upon the respondent's agent or
						representative who filed the answer.
(d) The information filed with the commission
						shall include a certification signed by the complainant or the complainant's
						attorney that a copy of the information was served upon the respondent in
						accordance with section 46a-54-19 a(a)(1) of the Regulations of Connecticut
						State Agencies.
(e) A complainant
						has a continuing duty to amend, supplement or correct any information provided
						not later than ten (10) days after discovering additional information relating
						to the allegations of the complaint or answer as they may have been amended.
						Any supplement to the information provided must demonstrate why the complainant
						was unable to provide such information at an earlier date.
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 II - Answers › Section 46a-54-51a - Information provided by the respondent

Current through July 10, 2024
(a) The commission
						may request the respondent to provide voluntarily any and all information in
						its possession or obtainable by reasonable means which relates to a contested
						allegation of a complaint or answer including all documentary evidence and the
						names, addresses and telephone numbers of persons having knowledge of the facts
						and circumstances alleged to constitute a discriminatory practice. If the
						respondent fails to provide such information, the commission may seek such
						information by a subpoena, interrogatory or other appropriate means.
(b) The information filed with the commission
						shall include a certification signed by the respondent or the respondent's
						attorney that a copy of the information was served upon the complainant or the
						complainant's attorney in accordance with section 46a-54-19 a(a)(2) 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 II - Answers › Section 46a-54-52a - Interrogatories

Current through July 10, 2024
(a) Commission attorneys and investigators
						may issue interrogatories to any complainant or respondent, requiring that
						person to provide written answers under oath relating to any complaint. Absent
						objection, all interrogatories shall be answered not later than thirty (30)
						days after receipt, unless a shorter time is specified in the interrogatory.
						For good cause shown, the commission may extend the time to answer, provided
						the request is received not later than the time otherwise specified in the
						interrogatories for compliance.
(b)
						The person upon whom the interrogatories are served shall have until the date
						and time set for compliance to file objections, if any, to the interrogatories.
						All objections shall be in writing and shall be filed with the commission
						counsel at the commission's principal address as set forth in Appendix A. Any
						objection shall state with specificity the grounds relied upon.
(c) The commission counsel and the objecting
						person may confer and attempt to informally resolve their differences prior to
						the commencement of any court action.
(d) If a request for extension of time or an
						objection is denied, a reasonable period of time shall be afforded to the
						respondent to comply.
(e) A
						commission attorney may seek enforcement of any interrogatory in accordance
						with section
						46a-88
						of the Connecticut General Statutes, and such other statutes that may apply,
						if:
(1) A person served with interrogatories
						fails to answer them and does not file a timely request for extension of time
						or objection;
(2) A person served
						with interrogatories fails to answer and the attempt to informally resolve
						differences has failed;
(3) A
						person fails to answer interrogatories as modified after consideration of a
						timely filed objection; or
(4) A
						person fails to answer interrogatories within such extension of time as may
						have been granted after consideration of a request for extension of time or
						consideration of a timely filed objection.
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 II - Answers › Section 46a-54-53a - Subpoenas

Current through July 10, 2024
(a) The commission, by a commissioner or a
						commission attorney, may issue subpoenas requiring the production of books,
						papers, records and any other documents relating to the complaint. Absent
						objection, all subpoenas must be complied with within the time specified in the
						subpoena. For good cause shown, the commission may extend the time for
						production, provided the request is received within the time otherwise
						specified in the subpoena for compliance.
(b) The person upon whom the subpoena is
						served shall have until the date and time set for compliance to file an
						objection, if any, to the subpoena. All objections shall be in writing and
						shall be filed with the commission counsel at the commission's principal
						address as set forth in Appendix A. Any objection shall state with specificity
						the reason relied upon.
(c) The
						commission counsel and the objecting person may confer after receipt of any
						timely objection and attempt to informally resolve their differences prior to
						the commencement of any court action.
(d) If a request for extension of time or an
						objection is denied, a reasonable period of time shall be afforded to the
						respondent to comply.
(e) A
						commission attorney may seek enforcement of any subpoena in accordance with
						section
						46a-87 of
						the Connecticut General Statutes, or such other sections of the Connecticut
						General Statutes that may apply, if:
(1) A
						person served with a subpoena fails to comply with the subpoena and does not
						file a timely objection;
(2) A
						person served with a subpoena fails to comply with the subpoena and the attempt
						to informally resolve differences has failed;
(3) A person served with a subpoena fails to
						comply with the subpoena as modified, after consideration of a timely filed
						objection to the subpoena; or
(4) A
						person fails to respond to a subpoena within such extension of time as may have
						been granted or allowed after consideration of a request for extension of time
						or consideration of a timely filed objection.
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 II - Answers › Section 46a-54-54a - Depositions

Current through July 10, 2024
(a) The commission, acting through a
						commissioner, may issue a subpoena to take the testimony, under oath, of any
						person, including the complainant or respondent, concerning any matter under
						investigation or in question. The commission may take depositions for the
						purpose of discovering evidence relating to a complaint or for the purpose of
						preserving testimony of a person who may be unavailable in the
						future.
(b) The commission shall
						give notice to the complainant and the respondent or to their respective
						attorneys of its intent to take the testimony of any person under oath. The
						notice of deposition shall indicate the date, time and place at which the
						deposition will be taken. The complainant and respondent may attend in person,
						with or by an attorney, when a deposition is taken.
(c) The deponent, including but not limited
						to the complainant or respondent, shall attend the deposition and may be
						represented by an attorney.
(d) If
						a person served with a subpoena to give testimony, fails to appear, or having
						appeared, fails or refuses to answer questions under oath, the commission may
						seek enforcement of the subpoena in accordance with section
						46a-87 of
						the Connecticut General Statutes or such other sections of the Connecticut
						General Statutes that may apply.
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 III - Investigation › Section 46a-54-55a - Fact-finding conferences: purposes; attendance except for good cause; role of attorneys; predetermination agreement

Current through July 10, 2024
(a) Commission
						staff may on its own or upon the request of a party, schedule and conduct
						fact-finding conferences for the purpose of finding facts and promoting
						voluntary resolution of complaints. Absent extraordinary circumstances,
						fact-finding conferences shall not be scheduled until after the respondent's
						answer to the complaint has been filed in accordance with section 46a-54-44 a
						of the Regulations of Connecticut State Agencies.
(b) Fact-finding conferences may be scheduled
						whenever possible at a time that is convenient to both the complainant and
						respondent. Once scheduled, for good cause shown, the investigator assigned to
						conduct the fact-finding conference may postpone the conference.
(c) The complainant is expected to attend the
						fact-finding conference in person or by a representative with direct knowledge
						concerning the facts alleged in the complaint.
(d) The respondent, if an individual, is
						expected to attend the fact-finding conference in person or, if other than an
						individual, by a representative with direct knowledge of the facts alleged in
						the complaint and the respondent's answer.
(e) The investigator scheduled to conduct the
						fact-finding conference may request that the complainant and the respondent
						bring certain witnesses with information or knowledge regarding the allegations
						of the complaint and also bring documents or records to the fact-finding
						conference. The fact-finding conference shall be tape recorded.
(f) The commission, through the use of its
						subpoena power, may compel the production of records and other
						documents.
(g) Both the complainant
						and respondent may have an attorney or other person present at the fact-finding
						conference. All facts shall be presented through the complainant and respondent
						or their representatives or witnesses. The attorney may consult with and advise
						her or his client and may propose questions or areas of inquiry to the
						commission's representative.
(h) If
						a settlement is agreed upon between the complainant and the respondent or their
						respective representatives, and which is acceptable to the person conducting
						the fact-finding conference, a predetermination conciliation agreement will be
						prepared and executed at the fact-finding conference or as soon as possible
						thereafter by the complainant and the respondent or their respective
						representatives and the commission representative.
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 III - Investigation › Section 46a-54-56a - Mandatory mediation sessions

Current through July 10, 2024
(a) After
						conducting the merit assessment review pursuant to section 46a-54-49 a of the
						Regulations of Connecticut State Agencies and having determined that the
						complaint should proceed to investigation, the executive director or the
						executive director's designee may determine that a mandatory mediation session
						be conducted to promote the voluntary resolution of the complaint.
(b) After the notice of the merit assessment
						review determination, the executive director or the executive director's
						designee shall determine if the complaint should proceed to mandatory
						mediation.
(c) After the notice of
						the merit assessment review determination, the commission shall notify the
						respondent, the complainant and their attorneys that a mandatory mediation of
						the case will be held. The notice shall include the location, date and time of
						the mediation. The notice may also identify the investigator assigned to
						mediate the case.
(d) For good
						cause shown, if any party to the complaint is unable to attend the mandatory
						mediation on the date scheduled, such party shall contact the investigator
						identified in the notice of mandatory mediation and the other party and offer
						alternative dates to the other party and the investigator for the
						investigator's consideration.
(e)
						The commission may require the parties to bring information related to damages
						to the mandatory mediation. The parties shall provide the information
						requested.
(f) The complainant is
						required to attend the mandatory mediation sessions. The complainant shall
						appear or send a representative who possesses authority to negotiate and bind
						the complainant to a resolution. The commission may dismiss a complaint if the
						complainant, after notice and without good cause shown, fails to attend a
						mandatory mediation session.
(g)
						The person who is the respondent is required to attend the mandatory mediation
						sessions. The respondent shall appear or send a representative who possesses
						authority to negotiate and bind the respondent to a resolution. The executive
						director may enter a default order against a respondent if the respondent,
						after notice and without good cause shown, fails to attend a mandatory
						mediation session.
(h) A mediator
						shall work with both the complainant and the respondent to try to resolve the
						matter. The mediator may recommend but can not order a resolution 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 III - Investigation › Section 46a-54-57a - Default for failure to answer interrogatories, respond to subpoena or attend a mandatory mediation session

Current through July 10, 2024
(a) The executive
						director may enter an order of default against a respondent who, after notice,
						fails to answer interrogatories issued pursuant to section
						46a-54(11)
						of the Connecticut General Statutes, fails to respond to a subpoena issued
						pursuant to section
						46a-54(9)
						of the Connecticut General Statutes or section
						46a-83(h)
						of the Connecticut General Statutes or fails, without good cause, to attend a
						mandatory mediation session.
(b) A
						commission attorney or investigator or a complainant may request that the
						executive director enter an order of such default by mailing a request to enter
						default to the executive director and copies to the complainant or the
						commission and the respondent. Service upon the respondent shall be made by
						certified mail, return receipt requested, or other mail service that confirms
						receipt. The stamped "Receipt for Certified Mail" or other mail service's
						confirming receipt shall be prima facie proof of the date of mailing.
(c) After fifteen (15) days from the mailing
						of the "Request to Enter Default," the executive director may issue an order of
						default or deny the request, provided that no default shall enter if the
						respondent has answered the interrogatories under oath or has responded to the
						subpoena in accordance with the Connecticut General Statutes and section
						46a-54-52 a or 46a-54-53a of the Regulations of Connecticut State
						Agencies.
(d) If the respondent
						files a written objection specifically stating the reasons for its objection
						not later than fifteen (15) days after the mailing of the "Request to Enter
						Default," the executive director shall consider the reasons set forth in the
						objection. If an objection is filed, the executive director shall allow the
						commission counsel or a complainant requesting the default order to respond
						fully to the objection.
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 III - Investigation › Section 46a-54-58a - Disclosure of evidence to complainant, respondent and authorized representatives

Current through July 10, 2024
(a) The complainant
						and the respondent shall have the right to inspect and copy evidence in the
						commission's file pertaining to the complaint including but not limited to
						documents and statements of witnesses, except as otherwise provided by federal
						law or any provision of the Connecticut General Statutes.
(b) A representative of the complainant or
						the respondent will also be given the same access to evidence in the
						commission's file if the commission receives written authorization from the
						complainant or respondent allowing such access. Any such authorization must
						specifically name the individual or individuals to be allowed access to the
						evidence in the commission's file. It is the responsibility of the complainant
						or the respondent to provide the commission with written notification if
						authorization for a representative has been withdrawn. Except as provided
						elsewhere in section 46a-54-15a to section 46a-54-71 a, inclusive, of the
						Regulations of Connecticut State Agencies, counsel who have filed an appearance
						for the complainant or respondent shall have the right to inspect and copy
						evidence in the commission's file pertaining to the complaint without the need
						for obtaining written authorization from a client.
(c) The complainant and respondent or their
						authorized representatives shall not have the right to inspect and copy
						documents or records that do not constitute evidence, including but not limited
						to administrative records, forms, memoranda or letters not containing evidence,
						analysis and other agency work product, commission counsel or Attorney General
						work product and communications between the commission, individual
						commissioners or staff and commission attorneys or the Attorney General that
						constitute attorney-client communications. The commission shall use its
						discretion to determine which information may be disclosed to the complainant
						or the respondent in response to either party's discovery requests made at
						public hearing.
(d) Any party or
						authorized representative who has reviewed or obtained copies of confidential
						and protected information in the commission's case file shall comply with the
						applicable provisions of the Connecticut General Statues and the Regulations of
						Connecticut State Agencies restricting the use and disclosure of various types
						of information.