Sec.46a-54-53a. Subpoenas

(a) The commission, by a commissioner or a commission attorney, may issue subpoenas requiring the production of books, papers, records and any other documents relating to the complaint. Absent objection, all subpoenas must be complied with within the time specified in the subpoena. For good cause shown, the commission may extend the time for production, provided the request is received within the time otherwise specified in the subpoena for compliance.

(b) The person upon whom the subpoena is served shall have until the date and time set for compliance to file an objection, if any, to the subpoena. All objections shall be in writing and shall be filed with the commission counsel at the commission's principal address as set forth in Appendix A. Any objection shall state with specificity the reason relied upon.

(c) The commission counsel and the objecting person may confer after receipt of any timely objection and attempt to informally resolve their differences prior to the commencement of any court action.

(d) If a request for extension of time or an objection is denied, a reasonable period of time shall be afforded to the respondent to comply.

(e) A commission attorney may seek enforcement of any subpoena in accordance with section 46a-87 of the Connecticut General Statutes, or such other sections of the Connecticut General Statutes that may apply, if:

(1) A person served with a subpoena fails to comply with the subpoena and does not file a timely objection;

(2) A person served with a subpoena fails to comply with the subpoena and the attempt to informally resolve differences has failed;

(3) A person served with a subpoena fails to comply with the subpoena as modified, after consideration of a timely filed objection to the subpoena; or

(4) A person fails to respond to a subpoena within such extension of time as may have been granted or allowed after consideration of a request for extension of time or consideration of a timely filed objection.

(f) In lieu of seeking enforcement of a subpoena, the commission may seek entry of an order of default, as provided in section 46a-83 of the Connecticut General Statutes and section 46a-54-57a of the Regulations of Connecticut State Agencies.

(g) A person answering a subpoena is under a continuing duty to produce additional documents responsive to the subpoena which were not available, despite reasonable diligence, when the subpoena was originally answered. Any such documents shall be filed with the commission as soon as possible after their discovery.

(Adopted effective November 4, 2002)