Connecticut Administrative Code › Title 16 - Public Service Companies › 8a - Protection of Whistle-Blowers › Section 16-8a-3 - Posting of regulation by employer; confidentiality; procedure for filing a complaint

Current through July 10, 2024
(a) No later than
			 thirty days after the effective date of this section, each employer shall post
			 a copy of this section in a conspicuous location in the workplace where any
			 employee can easily read it. The posted copy shall contain the following
			 heading, in type not less than twenty point boldface:
NOTICE TO EMPLOYEES
Public Utilities Regulatory Authority.
(b) The Authority will not treat
			 as a complaint any information provided to the Authority on an anonymous basis;
			 but the Authority shall not disclose the identity of any complainant without
			 the consent of the complainant, unless the Authority determines that such
			 disclosure is unavoidable during the course of the investigation of a
			 complaint. The contents of any complaint, and Authority records related to any
			 complaint, shall be exempt from disclosure under the Connecticut Freedom of
			 Information Act, as provided in Chapter 14 of the Connecticut General
			 Statutes.
(c) Any complaint may be
			 transmitted to the Authority by facsimile machine or other form of electronic
			 media, or in writing. The Authority may request written verification of any
			 complaint not transmitted in writing. Each written complaint shall be
			 typewritten or printed clearly. The envelope containing the complaint shall be
			 clearly marked on the front side with the inscription "CONFIDENTIAL," and the
			 first page of the complaint shall be clearly marked with the inscription
			 "CONFIDENTIAL" at the top. An original of any document submitted in support of
			 a complaint shall be filed, except that a good quality photographic
			 reproduction may be submitted if an original copy is not available. In
			 addition, each complaint shall conform to any other filing requirement that may
			 be established from time to time by the Executive Secretary of the
			 Authority.
(d) Prior to filing a
			 formal written complaint a prospective complainant may contact the Authority by
			 telephone by calling the Authority toll free at 1-800-382-4586, or by calling
			 the Authority at 860-827-2622. Each written complaint filed pursuant to
			 Connecticut General Statutes section
			 16-8a(b)
			 shall be addressed to the Executive Secretary of the Authority, 10 Franklin
			 Square, New Britain, CT 06051. The Authority shall discuss and review the
			 complaint and advise the complainant as to the complaint filing
			 process.
(e) A complaint may be
			 delivered to the Authority by United States mail, private delivery service, or
			 in person at the office of the executive secretary. Each written complaint
			 filed pursuant to Connecticut General Statutes section
			 16-8a(b)
			 shall contain a clear and concise statement of the matter complained of, and of
			 the relief requested, including the material facts relied on by the
			 complainant. Any relevant and material exhibits, illustrations, written
			 testimony, or any other evidence may be annexed to a complaint. Each complaint
			 shall include: the name, address and phone number of the employer and any
			 parties against whom the complaint is made; facts and incidents occurring no
			 more than two years prior to the date of filing presented in a concise
			 chronological manner; names of witnesses to alleged incidents; and the name and
			 address of the agent for service of process.
(f) Each complainant shall provide the
			 complainant's mailing address or street address if the mailing address is a
			 Post Office box and a telephone number at which the Authority may contact the
			 complainant. The complainant shall sign each written complaint filed pursuant
			 to Connecticut General Statutes section
			 16-8a(b).
(g) Not more than ninety business days after
			 the receipt of a written complaint filed pursuant to Connecticut General
			 Statutes section
			 16-8a(b),
			 in the form prescribed by the Authority, the Authority shall make a preliminary
			 finding. If the Authority finds that:
(1) the
			 employee reported substantial misfeasance, malfeasance or nonfeasance in the
			 management of the company, holding company or licensee;
(2) the employee was subsequently discharged,
			 suspended, demoted or otherwise penalized by having his status of employment
			 changed by his employer; and
(3)
			 the employee's report was not knowingly false, the Authority shall issue an
			 order requiring the employer to immediately return the employee to the
			 employee's previous position of employment or an equivalent position. The
			 Authority may also order back pay or award attorneys' fees.