§ 46a-94a — Appeal to Superior Court from order of presiding officer. Reopening of matters.

Connecticut § 46a-94a

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

Text

(a) The commission, any respondent or any complainant, aggrieved by a final order of a presiding officer, may appeal to the Superior Court in accordance with section 4-183. Any complainant may appeal to the Superior Court in accordance with section 4-183 if the complainant is aggrieved by (1) the dismissal of his or her complaint by the commission for failure to attend a mandatory mediation session as provided in subsection (m) of section 46a-83, (2) a finding of no reasonable cause as provided in subsection (g) of section 46a-83, or (3) rejection of reconsideration as provided in subsection (h) of section 46a-83. (b) Notwithstanding the provisions of subsection (a) of this section, a complainant may not appeal the dismissal of his or her complaint if he or she has been granted a release pursuant to section 46a-101 . (c) The commission on its own motion may, whenever justice so requires, reopen any matter previously closed, provided such matter has not been appealed to the Superior Court pursuant to subsection (a) of this section. Notice of such reopening shall be given to all parties. A complainant or respondent may, for good cause shown, in the interest of justice, apply in writing for the reopening of a previously closed proceeding, provided such application is filed with the executive director of the commission within two years of the commission's final decision and the complainant has (1) not been issued a release of jurisdiction pursuant to section 46a-83a and filed a civil action, or (2) requested and received a release of jurisdiction from the commission pursuant to section 46a-101 . (d) The standards for reopening a matter may include, but are not limited to: (1) A material mistake of fact or law has occurred; (2) the finding is arbitrary or capricious; (3) the finding is clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; and (4) new evidence has been discovered which materially affects the merits of the case and which, for good reasons, was not presented during the investigation.

Legislative History

(P.A. 88-241, S. 1; P.A. 90-230, S. 93, 101; P.A. 91-331, S. 6; P.A. 98-245, S. 5, 14; P.A. 00-199, S. 2, 3; P.A. 01-95, S. 2–4; 01-195, S. 99, 181; P.A. 11-237, S. 11; June Sp. Sess. P.A. 15-5, S. 81.) History: P.A. 90-230 changed “hearing officer” to “presiding officer”; P.A. 91-331 designated existing section as Subsec. (a) and added Subsec. (b) re the appeal of complaints released pursuant to Sec. 46a-101; P.A. 98-245 amended Subsec. (a) to provide appeal for dismissal for failure to attend a mandatory mediation session, a finding of no reasonable cause or rejection of reconsideration of any dismissal and deleted provision re venue for such appeal, 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. 00-199 added Subsec. (c) authorizing the commission to reopen previously closed matters provided they have not been appealed to the Superior Court, effective June 1, 2000; P.A. 01-95 amended Subsec. (c) to require application for reopening to be in writing and delete obsolete language re time for filing such application and added Subsec. (d) re standards for reopening a matter, effective July 1, 2001; P.A. 01-195 made a technical change in Subsec. (c), effective July 11, 2001; P.A. 11-237 amended Subsec. (a) by making technical changes re references to Sec. 46a-83; June Sp. Sess. P.A. 15-5 amended Subsec. (a) by substantially revising provisions re appeal to Superior Court in accordance with Sec. 4-183, amended Subsec. (b) by making technical changes, and amended Subsec. (c) by substantially revising provisions re commission's authority to reopen matters previously closed. Cited. 220 C. 192; Id., 307; 231 C. 328; 232 C. 91; Id., 117; Id., 181; 236 C. 250; 238 C. 337. Cited. 41 CA 1.