Sec.46a-54-42a. Jurisdictional review; service of complaint upon the respondent(s)

(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-54-52a or section 46a-54-53a 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-54-61a(a), section 46a-54-62a and section 46a-54-67a(c) of the Regulations of Connecticut State Agencies.

(Adopted effective November 4, 2002)