Sec.46a-68-112. Certificate of exemption; conciliation; hearings

(a) An agency receiving a certificate of noncompliance may petition the Commissioner of the Department of Administrative Services and the Secretary of the Office of Policy and Management for issuance of a certificate of exemption in accordance with section 46a-68a of the Connecticut General Statutes. A separate certificate of exemption shall be required for each vacancy in a position or position classification. A copy of the petition, together with evidence in support thereof, shall be served upon the Commission on Human Rights and Opportunities. Service shall be made in a manner permitted by section 46a-68-109(c) of the Regulations of Connecticut State Agencies, and the petition shall so state.

(b) The Commissioner of the Department of Administrative Services and the Secretary of the Office of Policy and Management may refer the agency to the Commission on Human Rights and Opportunities to discuss whether an agreement pursuant to section 46a-68-110 of the Regulations of Connecticut State Agencies may be reached which would obviate the need for issuance of a certificate of exemption. In such event, the agency and Commission on Human Rights and Opportunities shall report the results of any such discussion to the Commissioner of the Department of Administrative Services and the Secretary of the Office of Policy and Management. Any agreement between an agency and the Commission on Human Rights and Opportunities shall be in writing and signed by the agency appointing authority, the agency equal employment opportunity officer and a representative of the Commission on Human Rights and Opportunities.

(c) If the agency receiving the certificate and the Commission on Human Rights and Opportunities are unable to reach an agreement pursuant to section 46a-68-110 of the Regulations of Connecticut State Agencies or if the Commissioner of the Department of Administrative Services and the Secretary of the Office of Policy and Management elect to determine whether an emergency situation exists without referring the agency to the Commission on Human Rights and Opportunities, as provided in subsection (b) of this section, the Commissioner of the Department of Administrative Services and Secretary of the Office of Policy and Management shall determine whether a certificate of exemption shall be issued. A certificate of exemption may issue if the Commissioner of the Department of Administrative Services and Secretary of the Office of Policy and Management find that the agency receiving the certificate of noncompliance has shown that failure to fill a vacant position or position classification will cause an emergency situation to exist jeopardizing the public welfare. The Commission on Human Rights and Opportunities shall respond to requests from the Commissioner of the Department of Administrative Services and Secretary of the Office of Policy and Management for information relating to the status of a non-complying agency's affirmative action plan.

(Effective April 17, 2015)