§ 46a-83 — Complaint. Pre-answer conciliation conference. Answer. Case assessment review. Mediation conference. Early legal intervention. Complaint processing. Finding. Reconsideration. Attempt to eliminate discriminatory practice. Subpoenas. Order of default. Order of dismissal.

Connecticut § 46a-83

• Jurisdiction: Connecticut
• Title 46a: Human Rights
• Ch. 814c: Human Rights and Opportunities

Text

(a) Not later than fifteen days after the date of filing of any discriminatory practice complaint pursuant to subsection (a) or (b) of section 46a-82, or an amendment to such complaint adding an additional respondent, the commission shall serve the respondent as provided in section 46a-86a with the complaint and a notice advising of the procedural rights and obligations of a respondent under this chapter. The respondent shall either (1) file a written answer to the complaint as provided in subsection (b) of this section, or (2) not later than ten days after the date of receipt of the complaint, provide written notice to the complainant and the commission that the respondent has elected to participate in pre-answer conciliation, except that a discriminatory practice complaint alleging a violation of section 46a-64c or 46a-81e shall not be subject to pre-answer conciliation. A complaint sent by first class mail shall be considered to be received not later than two days after the date of mailing, unless the respondent proves otherwise. The commission shall conduct a pre-answer conciliation conference not later than thirty days after the date of receiving the respondent's request for pre-answer conciliation. (b) Except as provided in this subsection, not later than thirty days after the date (1) of receipt of the complaint, or (2) on which the commission determines that the pre-answer conciliation conference was unsuccessful, the respondent shall file a written answer to the complaint, under oath, with the commission. The respondent may request, and the commission may grant, one extension of time of not more than fifteen days within which to file a written answer to the complaint. An answer to any amendment to a complaint shall be filed within twenty days of the date of receipt to such amendment. The answer to any complaint alleging a violation of section 46a-64c or 46a-81e shall be filed not later than ten days after the date of receipt of the complaint. (c) Not later than sixty days after the date of the filing of the respondent's answer, the executive director or the executive director's designee shall conduct a case assessment review to determine whether the complaint should be retained for further processing or dismissed because (1) it fails to state a claim for relief or is frivolous on its face, (2) the respondent is exempt from the provisions of this chapter, or (3) there is no reasonable possibility that investigating the complaint will result in a finding of reasonable cause. The case assessment review shall include the complaint, the respondent's answer and the responses to the commission's requests for information, and the complainant's comments, if any, to the respondent's answer and information responses. The executive director or the executive director's designee shall send notice of any action taken pursuant to the case assessment review in accordance with section 46a-86a . For any complaint dismissed pursuant to this subsection, the executive director or the executive director's designee shall issue a release of jurisdiction allowing the complainant to bring a civil action under section 46a-100 . This subsection and subsection (e) of this section shall not apply to any complaint alleging a violation of section 46a-64c or 46a-81e . The executive director shall report the results of the case assessment reviews made pursuant to this subsection to the commission quarterly during each year. (d) Not later than sixty days after the date of sending notice that a complaint has been retained after a case assessment review, the executive director or the executive director's designee shall assign an investigator or commission legal counsel to hold a mandatory mediation conference. A mediation conference may but need not be held if the commission has held a pre-answer conciliation conference. The investigator or commission legal counsel assigned to conduct the mediation shall not be assigned to investigate the complaint. The mandatory mediation conference may not be scheduled for the same time as a fact-finding conference held pursuant to subsection (f) of this section. The mediator may hold additional mediation conferences to accommodate settlement discussions. (e) If the complaint is not resolved after the mandatory mediation conference, the complainant, the respondent or the commission may at any time after such conference request early legal intervention. If a request for early legal intervention is made, a commission legal counsel shall determine not later than ninety days after the date of the request whether the complaint should be (1) heard pursuant to section 46a-84 , (2) processed pursuant to subsection (f) of this section, or (3) released from the jurisdiction of the commission. In making such determination, commission legal counsel may hold additional proceedings and may utilize and direct commission staff. If a commission legal counsel determines that the complaint should be processed pursuant to subsection (f) of this section, the commission legal counsel may recommend that the investigator make a finding of no reasonable cause. The investigator shall make such a finding unless the investigator believes the commission legal counsel made a mistake of fact. If the investigator intends to make a finding of reasonable cause after the commission legal counsel recommends otherwise, the investigator shall consult with the commission legal counsel. (f) Not later than fifteen days after the date of (1) a mandatory mediation conference that fails to resolve a complaint, or (2) an early legal intervention decision to investigate a complaint, the executive director or the executive director's designee shall assign an investigator to process the complaint. The investigator may process the complaint by any lawful means of finding facts, including, but not limited to, a fact-finding conference, individual witness interviews, requests for voluntary disclosure of information, subpoenas of witnesses or documents, requests for admission of facts, interrogatories, site visits or any combination of these means for the purpose of determining whether there is reasonable cause for believing that a discriminatory practice has been or is being committed as alleged in the complaint. As used in this section and section 46a-84 , “reasonable cause” means a bona fide belief that the material issues of fact are such that a person of ordinary caution, prudence and judgment could believe the facts alleged in the complaint. (g) (1) Before issuing a finding of reasonable cause or no reasonable cause, the investigator shall afford each party and each party's representative an opportunity to provide written or oral comments on all evidence in the commission's file, except as otherwise provided by federal law or the general statutes. The investigator shall consider such comments before making a finding. The investigator shall make a finding of reasonable cause or no reasonable cause in writing and shall list the factual findings on which it is based not later than one hundred ninety days from the date of the case assessment review, except that for good cause shown, the executive director or the executive director's designee may grant no more than two extensions of the investigation of three months each. (2) If the investigator makes a finding that there is reasonable cause to believe that a violation of section 46a-64c has occurred, the complainant and the respondent shall have twenty days from sending of the reasonable cause finding to elect a civil action in lieu of an administrative hearing pursuant to section 46a-84 . If either the complainant or the respondent requests a civil action, the commission, through the Attorney General or a commission legal counsel, shall commence an action pursuant to subsection (b) of section 46a-89 , not later than ninety days after the date of receipt of the notice of election. If the Attorney General or a commission legal counsel believes that injunctive relief, punitive damages or a civil penalty would be appropriate, such relief, damages or penalty may also be sought. The jurisdiction of the Superior Court in an action brought under this subdivision shall be limited to such claims, counterclaims, defenses or the like that could be presented at an administrative hearing before the commission, had the complaint remained with the commission for disposition. A complainant may intervene as a matter of right in a civil action without permission of the court or the parties. If the Attorney General or commission legal counsel, as the case may be, determines that the interests of the state will not be adversely affected, the complainant or attorney for the complainant shall present all or part of the case in support of the complaint. If the Attorney General or a commission legal counsel determines that a material mistake of law or fact has been made in the finding of reasonable cause, the Attorney General or a commission legal counsel may decline to bring a civil action and shall remand the file to the investigator for further action. The investigator shall complete any such action not later than ninety days after receipt of such file. (h) If the investigator issues a finding of no reasonable cause or if the complaint is dismissed pursuant to subsection (m) of this section, the complainant may file a written request for reconsideration with the executive director or the executive director's designee, not later than fifteen days from the sending of such finding or dismissal. A request for reconsideration shall state specifically the reasons why reconsideration should be granted. A commission legal counsel shall grant or reject reconsideration not later than ninety days after the date of the sending of such finding or dismissal. A commission legal counsel shall conduct such additional proceedings as may be necessary to render a decision on the request. (i) After finding that there is reasonable cause to believe that a discriminatory practice has been or is being committed as alleged in the complaint, an investigator shall attempt to eliminate the practice complained of by conference, conciliation and persuasion not later than fifty days after the date of the finding. The refusal to accept a settlement shall not be grounds for dismissal of any complaint. (j) No commissioner or employee of the commission may disclose, except to the parties or their representatives, what has occurred in the course of the commission's processing of a complaint, provided the commission may publish the facts in the case and any complaint that has been dismissed and the terms of conciliation when a complaint has been adjusted. Each party and his or her representative shall have the right to inspect and copy documents, statements of witnesses and other evidence pertaining to the complaint, except as otherwise provided by federal law or the general statutes. (k) In the investigation of any complaint filed pursuant to this chapter, commission legal counsel may issue subpoenas requiring the production of records and other documents or compelling the attendance of witnesses. (l) The executive director or the executive director's designee may enter an order of default against a respondent who (1) after notice, fails to answer a complaint in accordance with subsection (a) of this section or within such extension of time as may have been granted; (2) fails to answer interrogatories issued pursuant to subdivision (11) of section 46a-54 or fails to respond to a subpoena issued pursuant to subsection (k) of this section or subdivision (9) of section 46a-54 , provided the executive director or the executive director's designee shall consider any timely filed objection; (3) after notice and without good cause, fails to attend a fact-finding conference; or (4) after notice and without good cause, fails to attend a mandatory mediation conference. The respondent may make application to the executive director to vacate the default. Upon entry of an order of default or upon the decision of the executive director not to vacate the default, the executive director or the executive director's designee shall appoint a presiding officer to enter, after notice and hearing, an order eliminating the discriminatory practice complained of and making the complainant whole. The commission or the complainant may petition the Superior Court for enforcement of any order for relief pursuant to section 46a-95 . (m) The executive director or the executive director's designee may enter an order of dismissal against a complainant who (1) after notice and without good cause, fails to attend a fact-finding conference; (2) after notice and without good cause, fails to attend a mandatory mediation conference; or (3) refuses to accept an offer of settlement where the respondent has eliminated the discriminatory practice complained of, taken steps to prevent a like occurrence in the future and offered full relief to the complainant.

Legislative History

(P.A. 80-422, S. 31; P.A. 89-332, S. 4, 7; P.A. 90-246, S. 10; P.A. 91-58, S. 29; 91-302, S. 3, 5; P.A. 92-257, S. 3; P.A. 94-238, S. 1, 6; May 25 Sp. Sess. P.A. 94-1, S. 114, 130; P.A. 96-241, S. 4, 7; P.A. 98-245, S. 2, 14; P.A. 00-12, S. 1, 2; June 30 Sp. Sess. P.A. 03-6, S. 193; P.A. 05-201, S. 3; P.A. 07-142, S. 6; P.A. 11-237, S. 6; June 12 Sp. Sess. P.A. 12-2, S. 78; P.A. 15-249, S. 2.) History: P.A. 89-332 revised entire section to provide for service of complaint upon respondent, fact-finding conferences during investigatory process, definition of “reasonable cause”, opportunity for written or oral comments on all evidence in commission's file, finding of reasonable cause within 9 months of filing of complaint, with single 3-month extension for good cause shown, reconsideration of finding of no reasonable cause within 90 days of finding, conciliation attempts within 60 days of finding of reasonable cause and disclosure of evidence pertaining to complaint to party or his representative; P.A. 90-246 amended Subsec. (a) by adding requirement that commission serve upon respondent, within 10 days of receipt of complaint or amendment adding additional respondent, notice identifying alleged discriminatory practice and advising re procedural rights and obligations of respondent, and requiring that the answer to any complaint alleging violation of Sec. 46a-64c may be filed within 10 days of receipt; P.A. 91-58 amended Subsec. (a) to add reference to a violation of Sec. 46a-81e; P.A. 91-302 amended Subsec. (a) by changing “may” to “shall” after “respondent”, increasing the amount of time to file an answer to complaint from 15 to 30 days after receipt, changing “chairman of the commission” to “executive director of the commission” and deleting “a commissioner or” before “investigator”, amended Subsec. (b) by deleting “commissioner or” before “investigator” and changing “commission” to “executive director or his designee”, amended Subsecs. (c), (d) and (e) by deleting “commissioner or” before “investigator”, and added a new Subsec. (g) re entry of order of default by executive director against respondent who fails to answer complaint or interrogatories or fails to respond to subpoena, entry of order by presiding officer eliminating discriminatory practice and enforcement by superior court; P.A. 92-257 amended Subsec. (b) by adding provision re election of civil action in lieu of administrative hearing; P.A. 94-238 inserted new Subsec. (b) re review of complaint by executive director or his designee and dismissal of claim if finding that claim fails to state claim for relief or is frivolous or that no reasonable possibility that investigation will result in reasonable cause, exempting provisions of Subsec. (b) from alleged violations of Sec. 46a-64c or 46a-81e and making provisions applicable to complaints pending assignment to investigator on or before January 1, 1995, created new Subsec. (c) from existing provisions formerly in Subsec. (a), adding provisions re (1) determining most appropriate method for processing complaint, including mandatory mediation sessions, expedited or extended fact-finding, complete investigations or combination thereof and (2) grounds for dismissal, relettering former Subsecs. (b) to (g), accordingly, amended Subsec. (e) by adding provision re request for reconsideration of dismissal and amended Subsec. (i) by adding failure to attend mandatory mediation session as grounds for order of default against respondent, effective July 1, 1994; May 25 Sp. Sess. P.A. 94-1 amended Subsec. (e) by making technical change in Subsec. (e), effective July 1, 1994; P.A. 96-241 amended Subsec. (d) by changing 9 to 12 months for finding of reasonable cause and changed single extension to no more than two extensions, effective June 6, 1996; P.A. 98-245 amended Subsec. (a) changing 10 days to 20 days and providing for extension for good cause shown for 15 days within which to file an answer to the complaint, amended Subsec. (b) by adding “the respondent's answer to the complaint”, amended Subsec. (d) reduced 12 months to 190 days from the date of determination based on review of the complaint, amended Subsec. (e) re reconsideration by executive director or his designee and amended Subsec. (i) permitting complainant to petition court for enforcement of order for relief, effective July 1, 1998, and applicable to all cases pending with the commission or in the courts and cases filed on or after said date; P.A. 00-12 amended Subsec. (b) to require the complaint be dismissed if the respondent is exempt from the provisions of this chapter and to make technical changes for purposes of gender neutrality and amended Subsec. (e) to add new Subdiv. (3) re the dismissal of the complaint because the respondent is exempt from the provisions of this chapter, redesignating former Subdiv. (3) as new Subdiv. (4), and to make technical changes for purposes of gender neutrality; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (d) to replace “the commission counsel” with “a commission legal counsel”, effective August 20, 2003; P.A. 05-201 amended Subsec. (d) by dividing provisions into Subdivs. (1) and (2) and, in Subdiv. (2), increasing time period for commencing action from within 45 days to within 90 days of receipt of notice of election and adding provisions re injunctive relief, punitive damages and civil penalty, limitation of civil action to jurisdictional claims, counterclaims and defenses and remand of file to investigator for further action, effective July 6, 2005; P.A. 07-142 amended Subsec. (a) by adding reference to complaint filed pursuant to Sec. 46a-82(a) or (b) and inserting “to such complaint”, effective July 1, 2007; P.A. 11-237 amended Subsec. (a) by replacing provision re service of complaint with provision re providing complaint by “first class mail, facsimile machine, electronic mail or a file transfer protocol site”, amended Subsec. (b) by adding “conduct a merit assessment” and deleting “the file” re review, replacing “the complaint shall be dismissed” with provision re dismissal of complaint and sending notice of dismissal, adding provisions re release of jurisdiction, legal review by commission legal counsel, and sending of notice and replacing “executive director's determinations” with “merit assessment reviews made”, added new Subsec. (c) re mandatory mediation conferences, redesignated existing Subsec. (c) as Subsec. (d) and substantially revised same, redesignated existing Subsec. (d) as Subsec. (e) and amended same to replace “determination” with “finding”, replace “determination based on the review of the complaint” with “merit assessment review”, replace “receipt” and “notice of” with “sending” re time period to elect civil action, replace “and a commissioner, believe” with “believes” and add provisions re intervention as a matter of right and re complainant or attorney presenting case in support of complaint, redesignated existing Subsec. (e) as Subsec. (f) and substantially revised same, redesignated existing Subsec. (f) as Subsec. (g) and amended same to replace “upon a determination” with “after finding”, redesignated existing Subsec. (g) as Subsec. (h), redesignated existing Subsec. (h) as Subsec. (i) and amended same to delete “relating to the complaint under investigation”, redesignated existing Subsec. (i) as Subsec. (j) and amended same to add new Subdiv. (3) re failure to attend fact-finding conference and replace “session” with “conference”, and made technical changes; June 12 Sp. Sess. P.A. 12-2 made a technical change in Subsec. (c)(1); P.A. 15-249 amended Subsec. (a) by replacing “Within twenty days” with “Not later than fifteen days” re filing of complaint, replacing provision re methods of providing respondent with complaint with provision re serving respondent as provided in Sec. 46a-86a, and replacing former provisions re filing of answer with Subdivs. (1) and (2) re respondent actions and provisions re when complaint considered received and re pre-answer conciliation conference, added new Subsec. (b) re filing of answer, redesignated existing Subsec. (b) as Subsec. (c) and amended same by replacing “Within ninety days” with “Not later than sixty days” re filing of answer, adding provisions re case assessment review, deleting former provisions re complaint dismissal and review thereof, and adding provisions re notice of action taken and re release of jurisdiction, redesignated existing Subsec. (c)(1) as Subsec. (d) and amended same by replacing provision re complaint not dismissed or reinstated with provision re 60 days after notice that complaint has been retained, and replacing provision re notice of action taken with provision re mediation conference may but need not be held if pre-answer conciliation conference has been held and re investigator or council assigned to conduct mediation not to be assigned to complaint investigation, redesignated existing Subsec. (c)(2) as Subsec. (e) and amended same by replacing references to executive director or director's designee with references to commission legal council, deleted former Subsec. (c)(3) and (4) re additional mediation conferences and complaint dismissal, redesignated existing Subsec. (d) as Subsec. (f) and amended same by replacing provision re complaint not resolved or determination that complaint should be processed with provision re 15 days after mediation conference or early legal intervention, replacing provision re conducting complete investigation with provision re processing complaint by any lawful means of finding facts, adding reference to fact-finding conference, and deleting provision re dismissal of complaint by executive director or director's designee, redesignated existing Subsec. (e) as Subsec. (g), redesignated existing Subsec. (f) as Subsec. (h) and amended same by replacing references to executive director or director's designee with references to commission legal council, redesignated existing Subsecs. (g) and (h) as Subsecs. (i) and (j), redesignated existing Subsec. (i) as Subsec. (k) and amended same by replacing “commission” with “commission legal council” and adding provision re compelling attendance of witnesses, redesignated existing Subsec. (j) as Subsec. (l) and amended same by adding provisions re vacating default, added Subsec. (m) re order of dismissal, and made technical and conforming changes. Cited. 196 C. 208; 202 C. 601; 211 C. 129; 220 C. 192; Id., 307; 228 C. 545; 231 C. 328; 232 C. 91; Id., 117; 233 C. 28; 236 C. 96; Id., 250. Time limits set forth in section are mandatory. Id., 681. Cited. 237 C. 209. Cited. 3 CA 464; 4 CA 423; 15 CA 569; 35 CA 474; 38 CA 506; 45 CA 476. As previously held, “reasonable cause” is synonymous with the term “probable cause”. 57 CA 767. Complainant has right to intervene in action brought by commission under former Subsec. (d)(2). 117 CA 30.