Sec.46a-54-55a. Fact-finding conferences: purposes; attendance except for good cause; role of attorneys; predetermination agreement

(a) Commission staff may on its own or upon the request of a party, schedule and conduct fact-finding conferences for the purpose of finding facts and promoting voluntary resolution of complaints. Absent extraordinary circumstances, fact-finding conferences shall not be scheduled until after the respondent's answer to the complaint has been filed in accordance with section 46a-54-44a of the Regulations of Connecticut State Agencies.

(b) Fact-finding conferences may be scheduled whenever possible at a time that is convenient to both the complainant and respondent. Once scheduled, for good cause shown, the investigator assigned to conduct the fact-finding conference may postpone the conference.

(c) The complainant is expected to attend the fact-finding conference in person or by a representative with direct knowledge concerning the facts alleged in the complaint.

(d) The respondent, if an individual, is expected to attend the fact-finding conference in person or, if other than an individual, by a representative with direct knowledge of the facts alleged in the complaint and the respondent's answer.

(e) The investigator scheduled to conduct the fact-finding conference may request that the complainant and the respondent bring certain witnesses with information or knowledge regarding the allegations of the complaint and also bring documents or records to the fact-finding conference. The fact-finding conference shall be tape recorded.

(f) The commission, through the use of its subpoena power, may compel the production of records and other documents.

(g) Both the complainant and respondent may have an attorney or other person present at the fact-finding conference. All facts shall be presented through the complainant and respondent or their representatives or witnesses. The attorney may consult with and advise her or his client and may propose questions or areas of inquiry to the commission's representative.

(h) If a settlement is agreed upon between the complainant and the respondent or their respective representatives, and which is acceptable to the person conducting the fact-finding conference, a predetermination conciliation agreement will be prepared and executed at the fact-finding conference or as soon as possible thereafter by the complainant and the respondent or their respective representatives and the commission representative.

(Adopted effective November 4, 2002)