Sec.46a-68-109. Certificate of noncompliance; service

(a) The Commission on Human Rights and Opportunities may issue a certificate of noncompliance in accordance with section 46a-68a of the Connecticut General Statutes and sections 46a-68-75 to 46a-68-114, inclusive, of the Regulations of Connecticut State Agencies if the affirmative action plan of any agency is disapproved.

(b) The issuance of a certificate of noncompliance shall bar the agency in noncompliance with section 46a-68 of the Connecticut General Statutes from filling a position or position classification by hire or promotion upon receipt of the certificate, the provisions of any state law or regulation to the contrary notwithstanding, until:

(1) the Commission on Human Rights and Opportunities determines that the agency has achieved compliance with section 46a-68 of the Connecticut General Statutes, and withdraws the certificate; or

(2) the Commission on Human Rights and Opportunities, at a hearing requested by the agency receiving the certificate and conducted by a presiding officer appointed by the chairperson of the Commission on Human Rights and Opportunities, is unable to show cause why the certificate of noncompliance should not be rescinded or a court, upon appeal, so determines; or

(3) the Commissioner of Administrative Services and the Secretary of the Office of Policy and Management certify to the Commission on Human Rights and Opportunities that the agency in noncompliance with section 46a-68 of the Connecticut General Statutes requires immediate filling of the vacancy because failure to fill the position or position classification will cause an emergency situation to exist, jeopardizing the public welfare.

(c) A certificate of noncompliance shall be served upon the agency, the Department of Administrative Services and Office of Policy and Management electronically.

(Effective April 17, 2015)