Sec.46a-54-46a. Default for failure to answer

(a) The executive director may enter an order of default against a respondent who, after notice, fails to answer a complaint in accordance with section 46a-83(a) of the Connecticut General Statutes or within such extension of time as may have been granted under section 46a-54-45a of the Regulations of Connecticut State Agencies.

(b) A commission attorney, the Attorney General, a manager or investigator or a complainant may request that the executive director enter an order of default. Requests to enter default shall be mailed to the executive director along with copies to the complainant or the commission and the respondent. Service upon the respondent shall be made by certified mail, return receipt requested, or other mail service that confirms receipt. The stamped "Receipt for Certified Mail" or other mail service's confirming receipt shall be prima facie proof of the date of mailing.

(c) After fifteen (15) days from the mailing of the "Request to Enter Default," the executive director may issue an order of default or deny the request, provided that no default shall enter if the respondent has answered the complaint under oath in accordance with the Connecticut General Statutes and section 46a-54-43a of the Regulations of Connecticut State Agencies.

(d) If the respondent files a written objection specifically stating the reasons for its objection not later than fifteen (15) days after the mailing of the "Request to Enter Default," the executive director shall consider the reasons set forth in the objection. If an objection is filed, the executive director shall allow the commission counsel, Attorney General or complainant requesting the default order to respond fully to the objection.

(e) Upon the entry of an order of default, the complaint and case file shall be transferred to the office of public hearings to conduct a hearing in damages, pursuant to Article III.

(f) Prior to the commencement of a hearing in damages, the executive director may, for good cause shown, vacate an order of default.

(Adopted effective November 4, 2002)