Connecticut Administrative Code › Title 46a - Human Rights › 68j - Contract Compliance › Part V - Enforcement Proceedings › Section 46a-68j-42 - Recision of notice of noncompliance

Current through July 10, 2024
(a) Within fifteen
				(15) days after a notice of noncompliance is issued, the contractor receiving
				the notice shall submit a detailed, written statement, under oath, describing
				the steps it has taken to achieve compliance with antidiscrimination and
				contract compliance statutes. The commission shall review the verified
				statement within forty-five (45) days of the date the notice of noncompliance
				was issued to determine whether the contractor has adopted policies consistent
				with antidiscrimination and contract compliance statutes, thereby eliminating
				the conditions giving rise to issuance of the notice.
(b) If the commission determines that the
				contractor has adopted policies consistent with antidiscrimination and contract
				compliance statutes, it shall rescind the notice of noncompliance. The
				commission shall forward a copy of the letter rescinding the notice of
				noncompliance to the awarding agency and the attorney general.
(c) If the commission determines that the
				contractor has not adopted policies consistent with antidiscrimination and
				contract compliance statutes, it shall refuse to rescind the notice of
				noncompliance. The notice of noncompliance shall remain in effect until such a
				time as the commission finds, pursuant to subsection (b) of this Section, that
				the contractor has adopted policies consistent with antidiscrimination and
				contract compliance statutes. The commission shall forward a copy of the letter
				refusing to rescind the notice of noncompliance to the awarding agency and the
				attorney general.
(d) If the
				commission determines that the contractor has not adopted policies consistent
				with antidiscrimination and contract compliance statutes, it may allow the
				contractor an opportunity to submit a supplemental written statement, under
				oath, describing the additional steps it has taken to achieve compliance with
				antidiscrimination and contract compliance statutes. The commission may permit
				a contractor to submit a supplemental verified statement only if all of the
				following conditions are met:
(1) the
				commission's earlier determination indicates that the steps required to bring
				the contractor into compliance with antidiscrimination and contract compliance
				statutes have been substantially implemented;
(2) the contractor, in its dealings with the
				commission, has expressed a general willingness to undertake such action as is
				necessary to bring its employment policies and practices into compliance with
				antidiscrimination and contract compliance statutes; and
(3) the commission will have adequate time
				following receipt of the verified supplemental statement to make an informed
				determination whether the contractor has eliminated the conditions giving rise
				to issuance of the certificate of noncompliance within the time frames imposed
				by Section
				46a-56(c)
				of the Connecticut General Statutes, as amended by Section 5 of Public Act
				89-253. Absent such conditions, the commission shall decline to solicit or
				accept a verified supplemental statement from a contractor, and the notice of
				noncompliance shall remain in effect as provided in subsection (c) of this
				section.