Sec.46a-54-62a. Requests for reconsideration procedures

(a) The complainant may request reconsideration of his or her complaint following dismissal due to:

(1) A finding of no reasonable cause;

(2) A merit assessment review;

(3) Failure to attend a mandatory mediation session after notice and without good cause;

(4) Failure to accept full relief, if the respondent has eliminated the discriminatory practice complained of, has taken steps to prevent a like occurrence in the future and offered full relief to the complainant; or

(5) Failure to cooperate with the commission's staff in the processing of the complaint.

(b) If the complainant elects to request reconsideration, the complainant shall request reconsideration of a finding or dismissal by writing to the executive director or the executive director's designee who signed the letter notifying the complainant of the dismissal. Requests for reconsideration shall be received not later than fifteen (15) days after the date of mailing of the investigator's finding of no reasonable cause. The complainant shall prove receipt of the reconsideration request by the commission. Any request for reconsideration shall state specifically the reasons upon which reconsideration is requested. The complainant shall certify that a copy of the reconsideration request was mailed to the respondent and respondent's attorney.

(c) The executive director shall reject untimely requests for reconsideration without a formal review of the substance of the request for reconsideration.

(d) The executive director or the executive director's designee shall review or assign staff to review and analyze reconsideration requests and prepare a written recommendation to reconsider or reject such request in accordance with section 46a-83(e) of the Connecticut General Statutes. The executive director or the executive director's designee shall consider the recommendations in granting or denying the request. The executive director shall decide reconsideration requests in accordance with section 46a-83(e) of the Connecticut General Statutes.

(e) The executive director may reconsider the dismissal of a complaint if:

(1) An error of fact or law should be corrected;

(2) New evidence has been discovered which materially affects the merits of the case and which, for good reasons, was not presented during the investigation; or

(3) Other good cause for reconsideration has been shown.

(f) The complainant and the respondent and their respective attorneys shall be notified in writing of the executive director's decision on all reconsideration requests.

(g) If the executive director grants the reconsideration of a previously dismissed complaint, the case file shall be returned to the appropriate regional office for further investigation or other action consistent with the executive director's decision.

(Adopted effective November 4, 2002)