Sec.46a-54-58a. Disclosure of evidence to complainant, respondent and authorized representatives

(a) The complainant and the respondent shall have the right to inspect and copy evidence in the commission's file pertaining to the complaint including but not limited to documents and statements of witnesses, except as otherwise provided by federal law or any provision of the Connecticut General Statutes.

(b) A representative of the complainant or the respondent will also be given the same access to evidence in the commission's file if the commission receives written authorization from the complainant or respondent allowing such access. Any such authorization must specifically name the individual or individuals to be allowed access to the evidence in the commission's file. It is the responsibility of the complainant or the respondent to provide the commission with written notification if authorization for a representative has been withdrawn. Except as provided elsewhere in section 46a- 54-15a to section 46a-54-71a, inclusive, of the Regulations of Connecticut State Agencies, counsel who have filed an appearance for the complainant or respondent shall have the right to inspect and copy evidence in the commission's file pertaining to the complaint without the need for obtaining written authorization from a client.

(c) The complainant and respondent or their authorized representatives shall not have the right to inspect and copy documents or records that do not constitute evidence, including but not limited to administrative records, forms, memoranda or letters not containing evidence, analysis and other agency work product, commission counsel or Attorney General work product and communications between the commission, individual commissioners or staff and commission attorneys or the Attorney General that constitute attorney-client communications. The commission shall use its discretion to determine which information may be disclosed to the complainant or the respondent in response to either party's discovery requests made at public hearing.

(d) Any party or authorized representative who has reviewed or obtained copies of confidential and protected information in the commission's case file shall comply with the applicable provisions of the Connecticut General Statues and the Regulations of Connecticut State Agencies restricting the use and disclosure of various types of information.

(Adopted effective November 4, 2002)