Sec.46a-54-78a. Commencement of contested case proceeding; conferences and hearings; applicability  


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  • (a) Contested case proceedings commence with the certification of the complaint. Article III shall apply on or after its effective date to every contested case proceeding commenced on or after such effective date. Article III shall also apply on or after its effective date to all contested case proceedings pending before a human rights referee on such effective date.

    (b) Conferences and hearings held pursuant to Article III include, but are not limited to, the following:

    (1) Hearing conferences, in accordance with section 46a-84(b) of the Connecticut General Statutes, which establish procedures and dates for settlement conferences, pre-hearing conferences, hearings and disclosure of documents, and to address such other administrative matters as the presiding officer deems necessary to aid in the timely disposition of the complaint;

    (2) Settlement conferences, which afford the parties opportunities to resolve their disputes prior to hearing; the parties may be required to submit a report in advance of the conferences;

    (3) Pre-hearing conferences, which clarify the issues, resolve outstanding motions or matters regarding production of documents, stipulate to facts, identify witnesses and exhibits, and address other matters as the presiding officer deems necessary to aid in the timely disposition of the complaint;

    (4) Hearings, which provide the parties with a reasonable opportunity, as determined by the presiding officer, to present evidence and examine and compel the attendance of witnesses for resolution and disposition of the complaint on its merits;

    (5) Hearings in damages, which follow entries of orders of default; a hearing in damages shall be limited to the relief necessary to eliminate the discriminatory practice complained of and make the complainant whole; and

    (6) Such other conferences and hearings as the presiding officer deems necessary to aid in the timely disposition of the complaint.

(Adopted effective November 4, 2002)