Sec.46a-54-64a. Suspension of case processing; appeal; resumption of case processing

(a) In order to expedite processing of complaints where the complainant is proceeding only with a complaint filed pursuant to section 46a-82(a) of the Connecticut General Statutes, the executive director may, on her or his own or at the request of the complainant, respondent or both, suspend processing of a complaint being processed pursuant to section 46a-54-15a to section 46a-54-71a, inclusive, where the issues raised in the complaint are being pursued pursuant to:

(1) Arbitration proceedings as referenced in section 46a-83b or section 46a-85 of the Connecticut General Statutes;

(2) An action in the Superior Court pursuant to section 46a-98a of the Connecticut General Statutes;

(3) An action in the Superior Court pursuant to section 46a-99 of the Connecticut General Statutes; or

(4) Any other action before a federal administrative agency or state or federal court involving the same parties and issues pending before the commission in the discriminatory practice complaint filed pursuant to section 46a-82 of the Connecticut General Statutes and section 46a-54-33a to section 46a-54-36a, inclusive, of the Regulations of Connecticut State Agencies.

(b) Prior to the suspension of processing of a complaint, the executive director shall solicit the opinions of the complainant and the respondent concerning the proposed suspension and shall consider their opinions in any decision to suspend.

(c) If the executive director suspends the processing of a complaint, the complainant or respondent may, at any time, request that the executive director direct that the processing of a complaint be resumed. If the executive director declines to resume the processing of a complaint, the person who requested that processing of the complaint be resumed may appeal pursuant to section 4-183(b) of the Connecticut General Statutes.

(d) Upon recommencing the processing of a suspended complaint, the commission may consider or admit in evidence any decision resulting from the proceeding in another forum and accord it the weight appropriate under the facts and circumstances of the case. Any such complaint may be disposed of in accordance with section 46a-54-67a of the Regulations of Connecticut State Agencies.

(e) When the issues raised in a complaint are being pursued pursuant to a court action filed under the Age Discrimination in Employment Act (ADEA), 29 USC 621 et. seq., the executive director shall suspend the commission's processing of the complaint pursuant to 29 USC 633a.

(Adopted effective November 4, 2002)