Sec.46a-54-67a. Complaint dispositions  


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  • (a) A complaint may be disposed of when there has been a satisfactory resolution of a complaint by conciliation agreement in accordance with:

    (1) A no-fault conciliation agreement as set forth in section 46a-54-63a of the Regulations of Connecticut State Agencies;

    (2) A predetermination conciliation agreement including but not limited to those obtained in accordance with section 46a-54-55a of the Regulations of Connecticut State Agencies; or

    (3) A conciliation agreement in accordance with section 46a-54-60a of the Regulations of Connecticut State Agencies.

    (b) A complaint may be dismissed upon a finding of no reasonable cause as to the merits in accordance with section 46a-54-61a of the Regulations of Connecticut State Agencies.

    (1) A finding of no reasonable cause is deemed a commission dismissal for purposes of section 46a-94a of the Connecticut General Statutes, unless a timely request for reconsideration is filed in accordance with section 46a-54-62a of the Regulations of Connecticut State Agencies.

    (2) The executive director's rejection of a reconsideration request shall be a commission dismissal for purposes of section 46a-94a of the Connecticut General Statutes.

    (c) A complaint may be dismissed upon the finding of no reasonable cause -lack of jurisdiction in accordance with section 46a-54-42a of the Regulations of Connecticut State Agencies.

    (1) A finding of no reasonable cause - lack of jurisdiction is deemed a commission dismissal for purposes of section 46a-94a of the Connecticut General Statutes unless a timely request for reconsideration is filed in accordance with section 46a-54-62a of the Regulations of Connecticut State Agencies.

    (2) The executive director's rejection of a reconsideration request shall be a commission dismissal for the purposes of section 46a-94a of the Connecticut General Statutes.

    (d) A complaint may be disposed of by a merit assessment dismissal pursuant to section 46a-83(b) of the Connecticut General Statutes.

    (1) A merit review dismissal is deemed a commission dismissal for purposes of section 46a-94a of the Connecticut General Statutes unless a timely request for reconsideration is filed in accordance with section 46a-54-62a of the Regulations of Connecticut State Agencies;

    (2) The executive director's rejection of a reconsideration request shall be a commission dismissal for purposes of section 46a-94a of the Connecticut General Statutes.

    (e) A complaint may be dismissed upon the issuance of a release pursuant to section 46a-83a or section 46a-101(c) of the Connecticut General Statutes.

    (f) A complaint may be disposed of by No Reasonable Cause-Administrative Dismissal.

    (1) A complaint may be dismissed for the following reasons:

    (A) The complainant, despite due diligence on the part of the investigator, cannot be located;

    (B) The complainant, after actual notice, fails to cooperate with the commission's staff in the processing of the complaint, provided that the failure to accept a settlement shall not be deemed a failure to cooperate;

    (C) The complainant, after actual notice and without good cause, fails to attend a mandatory mediation session;

    (D) The complainant refuses an offer of full relief in which the respondent:

    i. has eliminated the discriminatory practice complained of;

    ii. has taken steps to prevent a like occurrence in the future; and

    iii. has offered to the complainant full relief as determined by the nature of the claims; or

    (E) upon a determination that the respondent has ceased operations, and that any liability found as a result of an investigation or public hearing would be uncollectible. In such determination, the commission shall consider whether the respondent continues to exist in a different form, or whether there is a successor corporation or other person responsible for remedying any discrimination alleged or found.

    (2) An investigator may dispose of a complaint upon a finding that a case may be administratively dismissed. A finding of administrative dismissal is deemed a dismissal for purposes of section 46a-94a of the Connecticut General Statutes unless a timely request for reconsideration is filed in accordance with section 46a-54-62a of the Regulations of Connecticut State Agencies.

    (3) The executive director's rejection of a reconsideration request shall be a dismissal for purposes of section 46a-94a of the Connecticut General Statutes.

(Adopted effective November 4, 2002)