Substitute House Bill No. 5673
          Substitute House Bill No. 5673

              PUBLIC ACT NO. 98-245


AN  ACT  CONCERNING  THE  DISCRIMINATORY  PRACTICE
COMPLAINT PROCEDURE OF  THE  COMMISSION  ON  HUMAN
RIGHTS AND OPPORTUNITIES.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section  1.  Section  46a-57  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) (1) The  Governor  shall appoint [at least
twenty-five  hearing  officers   to]  THREE  HUMAN
RIGHTS REFEREES FOR  TERMS  COMMENCING  OCTOBER 1,
1998, AND FOUR  HUMAN  RIGHTS  REFEREES  FOR TERMS
COMMENCING  JANUARY  1,  1999.  THE  HUMAN  RIGHTS
REFEREES SO APPOINTED  SHALL  SERVE  FOR A TERM OF
ONE YEAR.
    (2) ON AND AFTER OCTOBER 1, 1999, THE GOVERNOR
SHALL APPOINT SEVEN HUMAN RIGHTS REFEREES WITH THE
ADVICE AND CONSENT  OF  BOTH HOUSES OF THE GENERAL
ASSEMBLY. WHEN THE  GENERAL  ASSEMBLY  IS  NOT  IN
SESSION, ANY VACANCY  SHALL  BE FILLED PURSUANT TO
THE PROVISIONS OF SECTION 4-19. THE GOVERNOR SHALL
APPOINT THREE HUMAN RIGHTS REFEREES TO SERVE FOR A
TERM OF TWO  YEARS COMMENCING OCTOBER 1, 1999. THE
GOVERNOR SHALL APPOINT  FOUR HUMAN RIGHTS REFEREES
TO SERVE FOR  A  TERM  OF  THREE  YEARS COMMENCING
JANUARY 1, 2000.  THEREAFTER HUMAN RIGHTS REFEREES
SHALL  SERVE  FOR  A  TERM  OF  THREE  YEARS.  THE
GOVERNOR MAY REMOVE  ANY  HUMAN RIGHTS REFEREE FOR
CAUSE.
    (b)   HUMAN  RIGHTS   REFEREES   SHALL   SERVE
FULL-TIME   AND   SHALL   conduct   the   hearings
authorized  by the  provisions  of  this  chapter.
[Each  hearing officer]  A  HUMAN  RIGHTS  REFEREE
SHALL HAVE THE  POWERS GRANTED TO HEARING OFFICERS
AND PRESIDING OFFICERS  BY  CHAPTER  54  AND  THIS
CHAPTER.  A  HUMAN  RIGHTS  REFEREE  shall  be  an
attorney admitted to  the  practice of law in this
state. [for at  least  five  years and shall serve
for a term  of  five  years.  Any hearing officer,
approved by the  governor  prior to and serving on
October  1, 1993,  as  a  hearing  officer,  shall
automatically be deemed  appointed  to a five-year
term as a hearing officer on October 1, 1993.] Any
commissioner of the Superior Court who is able and
willing to hear discriminatory practice complaints
may  submit  his   name   to   the   Governor  for
consideration  for  appointment   as   [a  hearing
officer] A HUMAN  RIGHTS  REFEREE. NO HUMAN RIGHTS
REFEREE  SHALL APPEAR  BEFORE  THE  COMMISSION  OR
ANOTHER HEARING OFFICER FOR ONE YEAR AFTER LEAVING
OFFICE.
    (c) THE CHIEF  HUMAN  RIGHTS  REFEREE AND EACH
FULL-TIME HUMAN RIGHTS  REFEREE  SHALL  RECEIVE AN
ANNUAL SALARY EQUIVALENT  TO  THAT  SET  FORTH  IN
SUBSECTION (h) OF SECTION 46b-231, AS AMENDED, AND
SHALL BE ENTITLED TO THE FRINGE BENEFITS AVAILABLE
TO OTHER STATE EMPLOYEES. THE COST OF STENOGRAPHIC
AND CLERICAL ASSISTANCE,  EQUIPMENT  AND  SUPPLIES
SHALL BE PAID  BY  THE  STATE UPON THE APPROVAL OF
THE COMMISSIONER OF  ADMINISTRATIVE  SERVICES. THE
BUDGET  FOR  HUMAN  RIGHTS  REFEREES  SHALL  BE  A
SEPARATE  LINE  ITEM  WITHIN  THE  BUDGET  OF  THE
COMMISSION.
    (d) ON OR AFTER OCTOBER 1, 1998, THE EXECUTIVE
DIRECTOR SHALL DESIGNATE  ONE HUMAN RIGHTS REFEREE
TO SERVE AS  CHIEF HUMAN RIGHTS REFEREE FOR A TERM
OF ONE YEAR.  THE CHIEF HUMAN RIGHTS REFEREE SHALL
SUPERVISE AND ASSIGN  THE HUMAN RIGHTS REFEREES TO
CONDUCT   HEARINGS   ON    COMPLAINTS,   INCLUDING
COMPLAINTS FOR WHICH A TRIAL ON THE MERITS HAS NOT
COMMENCED PRIOR TO  OCTOBER 1, 1998, ON A ROTATING
BASIS.
    (e) PART-TIME HEARING  OFFICERS SERVING ON THE
EFFECTIVE DATE OF THIS ACT SHALL CONTINUE TO SERVE
UNTIL ALL CASES  ASSIGNED  TO  ANY  SUCH PART-TIME
HEARING  OFFICER ARE  COMPLETED.  IF  A  PART-TIME
HEARING OFFICER BELIEVES  THAT  A  CASE  SHOULD BE
TRANSFERRED  TO  A   HUMAN   RIGHTS  REFEREE,  THE
PART-TIME HEARING OFFICER  SHALL SOLICIT THE VIEWS
OF THE PARTIES  AND SUBMIT A RECOMMENDATION TO THE
CHIEF HUMAN RIGHTS REFEREE. THE CHIEF HUMAN RIGHTS
REFEREE SHALL DETERMINE WHETHER THE CASE SHOULD BE
ASSIGNED TO ANY  HUMAN  RIGHTS  REFEREE OR WHETHER
SUCH  CASE  SHOULD   REMAIN  WITH  SUCH  PART-TIME
HEARING OFFICER.
    [(b)] (f) Each  PART-TIME  hearing officer and
each  commissioner  shall   receive   one  hundred
twenty-five dollars per  day for each day on which
he or she conducts hearings and, upon presentation
of  adequate documentation,  compensation  in  the
amount of one  hundred twenty-five dollars per day
prorated for the time during each day on which the
officer or commissioner is not conducting hearings
but is engaged  in  the  preparation  of findings,
decisions, orders or rulings, and their reasonable
expenses,  including  necessary  stenographic  and
clerical help, shall  be  paid  by  the state upon
approval  of the  Commissioner  of  Administrative
Services.
    [(c)] (g) When  serving as a presiding officer
as provided in  section 46a-84, AS AMENDED BY THIS
ACT, each HUMAN  RIGHTS REFEREE OR hearing officer
shall have the same subpoena powers as are granted
to commissioners by  subdivision  (9)  of  section
46a-54. Each presiding officer shall also have the
power to determine  a reasonable fee to be paid to
an expert witness,  including  but not limited to,
any practitioner of  the  healing arts, as defined
in  section 20-1,  dentist,  registered  nurse  or
licensed practical nurse,  as  defined  in section
20-87a, and real  estate  appraiser  when any such
expert witness is  summoned  by  the commission to
give expert testimony, in person or by deposition,
in  any contested  case  proceeding,  pursuant  to
section 46a-84, AS  AMENDED  BY THIS ACT. Said fee
shall be paid to the expert witness in lieu of all
other witness fees.
    [(d) Hearing officers  shall  be  selected  to
conduct  hearings on  a  rotating  basis;  if  any
officer refuses to  hear  a  case, his or her name
shall be placed  at the bottom of the list. If any
hearing officer refuses three consecutive requests
to hear cases in any calendar year he or she shall
be deemed to have resigned.]
    Sec. 2. Section 46a-83 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a) Within [ten]  TWENTY days after the filing
of any discriminatory  practice  complaint,  or an
amendment  adding an  additional  respondent,  the
commission shall cause  the complaint to be served
upon the respondent  together  with  a  notice (1)
identifying the alleged  discriminatory  practice,
and (2) advising  of  the  procedural  rights  and
obligations of a  respondent  under  this chapter.
The respondent shall  file a written answer to the
complaint under oath  with  the  commission within
thirty days of  receipt of the complaint, provided
[the] A RESPONDENT MAY REQUEST, AND THE COMMISSION
MAY GRANT, FOR  GOOD CAUSE SHOWN, ONE EXTENSION OF
TIME OF FIFTEEN  DAYS  WITHIN  WHICH  TO  FILE  AN
ANSWER TO A COMPLAINT. THE answer to any complaint
alleging a violation of section 46a-64c or 46a-81e
shall be filed within ten days of receipt.
    (b) Within ninety  days  of  the filing of [a]
THE  RESPONDENT'S ANSWER  TO  THE  complaint,  the
executive director or  his  designee  shall review
the file. The  review shall include the complaint,
the respondent's answer  and  the responses to the
commission's requests for information, if any, and
the  complainant's  comments,   if   any,  to  the
respondent's answer and  information responses. If
the executive director  or his designee determines
that the complaint  fails  to  state  a  claim for
relief or is frivolous on its face, or there is no
reasonable  possibility  that   investigating  the
complaint will result  in  a finding of reasonable
cause,  the complaint  shall  be  dismissed.  This
subsection  shall  not   apply  to  any  complaint
alleging  a  violation   of   section  46a-64c  or
46a-81e.  [On  or  before  January  1,  1995,  the
provisions of this  section  shall  apply  to  all
complaints other than  those  alleging a violation
of section 46a-64c  or  46a-81e pending assignment
to an investigator on July 1, 1994.] The executive
director  shall  report   the   results   of   his
determinations pursuant to  this subsection to the
commission quarterly during each year.
    (c) The executive  director  of the commission
or  his  designee   shall   determine   the   most
appropriate method for  processing  any  complaint
pending after review in accordance with subsection
(b) of this  section.  The  commission may conduct
mandatory   mediation   sessions,   expedited   or
extended  fact-finding  conferences   or  complete
investigations or any  combination  thereof during
the  investigatory  process  for  the  purpose  of
finding facts, promoting  the voluntary resolution
of  complaints  or   determining   if   there   is
reasonable   cause   for    believing    that    a
discriminatory  practice  has  been  or  is  being
committed as alleged  in the complaint. As used in
this section and  section  46a-84,  AS  AMENDED BY
THIS  ACT, reasonable  cause  means  a  bona  fide
belief that the  material  issues of fact are such
that a person  of  ordinary  caution, prudence and
judgment could believe  the  facts  alleged in the
complaint.  A complaint  may  be  dismissed  if  a
complainant, after notice  and without good cause,
fails to attend  a  mandatory mediation session. A
mediator  may  recommend,   but   not   order,   a
resolution of the  complaint.  A  complaint may be
dismissed if the  respondent  has  eliminated  the
discriminatory practice complained of, taken steps
to prevent a  like  occurrence  in  the future and
offered  full  relief  to  the  complainant,  even
though the complainant has refused such relief.
    (d) Before issuing  a  finding  of  reasonable
cause or no  reasonable  cause,  the  investigator
shall afford each  party and his representative an
opportunity to provide written or oral comments on
all evidence in  the  commission's file, except as
otherwise provided by  federal  law  or  any other
provision   of   the    general    statutes.   The
investigator  shall  consider   such  comments  in
making his determination.  The  investigator shall
make  a  finding   of   reasonable   cause  or  no
reasonable cause in  writing  and  shall  list the
factual findings on  which  it  is based not later
than [twelve months]  ONE HUNDRED NINETY DAYS from
the date of  [filing]  THE  DETERMINATION BASED ON
THE REVIEW of the complaint, CONDUCTED PURSUANT TO
SUBSECTION (b) OF  THIS  SECTION,  except that for
good cause shown,  the  executive  director or his
designee may grant  no more than two extensions of
the investigation of  three  months  each.  If the
investigator makes a  determination  that there is
reasonable cause to  believe  that  a violation of
section 46a-64c has  occurred, the complainant and
the respondent shall have twenty days from receipt
of notice of the reasonable cause finding to elect
a  civil  action  in  lieu  of  an  administrative
hearing pursuant to  section 46a-84, AS AMENDED BY
THIS  ACT.  If   either  the  complainant  or  the
respondent   requests   a    civil   action,   the
commission, through the  Attorney  General  or the
commission  counsel,  shall   commence  an  action
pursuant  to  subsection  (b)  of  section  46a-89
within  forty-five  days   of   receipt   of   the
complainant's  or  the   respondent's   notice  of
election of a civil action.
    (e) If the investigator issues a finding of no
reasonable cause or  if the complaint is dismissed
(1) for failure  to  state a claim for relief, (2)
because it is frivolous on its face or (3) because
there   is   no    reasonable   possibility   that
investigating  the  complaint  will  result  in  a
finding  [or]  OF   reasonable  cause  OR  IF  THE
COMPLAINT IS DISMISSED  PURSUANT TO SUBSECTION (c)
OF  THIS  SECTION,  the  complainant  may  request
reconsideration of such  finding or dismissal with
the  [commission]  EXECUTIVE   DIRECTOR   OF   THE
COMMISSION,  OR  HIS   DESIGNEE,  not  later  than
fifteen days from  the issuance of such finding or
dismissal. The [commission]  EXECUTIVE DIRECTOR OF
THE COMMISSION, OR  HIS DESIGNEE, shall reconsider
or reject within  ninety  days  of the issuance of
such  finding  or   dismissal.   The  [commission]
EXECUTIVE  DIRECTOR  OF  THE  COMMISSION,  OR  HIS
DESIGNEE,    shall   conduct    such    additional
proceedings  as  may  be  necessary  to  render  a
decision on the request for reconsideration.
    (f)  Upon  a   determination   that  there  is
reasonable cause to  believe that a discriminatory
practice has been or is being committed as alleged
in the complaint, an investigator shall attempt to
eliminate   the   practice    complained   of   by
conference,  conciliation  and  persuasion  within
[sixty] FIFTY days  of  a  finding  of  reasonable
cause. The refusal  to  accept  a settlement shall
not be grounds for dismissal of any complaint.
    (g)  No  commissioner   or   employee  of  the
commission may disclose,  except to the parties or
their representatives, what  has  occurred  in the
course of such  endeavors  provided the commission
may  publish  the   facts  in  the  case  and  any
complaint which has  been  dismissed and the terms
of  conciliation  when   a   complaint   has  been
adjusted. Each party  and his representative shall
have the right  to  inspect  and  copy  documents,
statements  of  witnesses   and   other   evidence
pertaining to his  complaint,  except as otherwise
provided by federal  law or any other provision of
the general statutes.
    (h)  In the  investigation  of  any  complaint
filed pursuant to this chapter, the commission may
issue  subpoenas  requiring   the   production  of
records  and  other   documents  relating  to  the
complaint under investigation.
    (i) The executive  director  of the commission
or his designee  may  enter  an  order  of default
against a respondent  (1) who, after notice, fails
to  answer  a   complaint   in   accordance   with
subsection (a) of  this  section  or  within  such
extension of time  as may have been granted or (2)
who  fails  to   answer   interrogatories   issued
pursuant to subdivision (11) of section 546a-54 or
fails to respond  to a subpoena issued pursuant to
subsection (h) of this section and subdivision (9)
of section 46a-54, provided the executive director
or his designee  shall  consider  any timely filed
objection or (3)  who,  after  notice  and without
good cause, fails  to attend a mandatory mediation
session. Upon entry  of  an  order of default, the
executive director or his designee shall appoint a
presiding  officer  to  enter,  after  notice  and
hearing, an order  eliminating  the discriminatory
practice complained of  and making the complainant
whole.  The  commission  OR  THE  COMPLAINANT  may
petition the Superior Court for enforcement of any
order for relief pursuant to section 46a-95.
    Sec.  3.  Section   46a-83a   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    If  a  complaint   is  dismissed  pursuant  to
subsection (b) [or (c) of section 46a-83, or if a]
OF SECTION 46a-83,  AS  AMENDED BY THIS ACT, OR IS
DISMISSED  FOR  FAILURE   TO  ACCEPT  FULL  RELIEF
PURSUANT TO SUBSECTION (c) OF SAID SECTION 46a-83,
AS AMENDED BY  THIS  ACT, AND THE COMPLAINANT DOES
NOT REQUEST reconsideration of SUCH a dismissal as
provided in subsection (e) of SAID section 46a-83,
AS  AMENDED  BY   THIS   ACT,  [is  rejected,  the
complainant shall have  a right of appeal pursuant
to section 46a-94a.  The  provisions of subsection
(j) of section  4-183  shall  apply  to any appeal
pursuant to this  section]  THE EXECUTIVE DIRECTOR
OF THE COMMISSION  SHALL  ISSUE  A RELEASE AND THE
COMPLAINANT MAY, WITHIN  NINETY DAYS OF RECEIPT OF
THE RELEASE FROM  THE  COMMISSION, BRING AN ACTION
IN ACCORDANCE WITH  SECTION 46a-100, AS AMENDED BY
THIS  ACT,  AND   SECTIONS   46a-102  TO  46a-104,
INCLUSIVE.
    Sec. 4. Section 46a-84 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a) If the  investigator  fails to eliminate a
discriminatory practice complained  of pursuant to
section 46a-82 within [forty-five] FIFTY days of a
finding of reasonable  cause, he shall, WITHIN TEN
DAYS, certify the complaint and the results of the
investigation to the  executive  director  of  the
commission and to the Attorney General.
    (b) Upon certification  of  the complaint, the
executive  director  of   the  commission  or  his
designee shall appoint  a  hearing  officer,  [or]
hearing adjudicator OR HUMAN RIGHTS REFEREE to act
as a presiding officer to hear the complaint or to
conduct settlement negotiations and shall cause to
be issued and served in the name of the commission
a written notice,  together  with  a  copy  of the
complaint, as the  same  may  have  been  amended,
requiring the respondent  to answer the charges of
the complaint at  a  hearing  before the presiding
officer or hearing adjudicator at a time and place
to  be specified  in  the  notice,  provided  such
hearing shall be  commenced by convening a hearing
conference not later than [ninety] FORTY-FIVE days
after  [a  finding   of   reasonable   cause]  THE
CERTIFICATION OF THE  COMPLAINT. The hearing shall
be  a  de  novo  hearing  on  the  merits  of  the
complaint and not  an  appeal  of the commission's
processing  of  the   complaint   prior   to   its
certification.  The  hearing  shall  proceed  with
reasonable dispatch and be concluded in accordance
with the provisions of section 4-180.
    (c) The place of any hearing may be the office
of the commission  or  another place designated by
it.
    (d) The case in support of the complaint shall
be  presented  at  the  hearing  by  the  Attorney
General, who shall  be counsel for the commission,
or  by  the  commission  counsel  as  provided  in
section  46a-55,  as  the  case  may  be.  If  the
Attorney  General  or   the   commission   counsel
determines that a  material mistake of law or fact
has been made  in the finding of reasonable cause,
he may withdraw the certification of the complaint
and  remand  the  file  to  the  investigator  for
further action. The complainant may be represented
by an attorney  of his own choice. If the Attorney
General or the commission counsel, as the case may
be, determines that  the  interests  of  the state
will not be  adversely  affected, he may allow the
attorney for the  complainant  to  present  all or
part of the  case  in support of the complaint. No
commissioner may participate  in the deliberations
of the presiding officer in the case.
    (e) A hearing  officer,  hearing  adjudicator,
HUMAN RIGHTS REFEREE  or  attorney  who volunteers
service pursuant to  subdivision  (16)  of section
46a-54 may supervise  settlement endeavors, or, in
employment   discrimination   cases    only,   the
complainant and respondent, with the permission of
the commission, may  engage  in  alternate dispute
resolution  endeavors  for  not  more  than  three
months.  The  cost   of   such  alternate  dispute
resolution  endeavors  shall   be   borne  by  the
complainant or the  respondent  or both and not by
the commission. Any  endeavors or negotiations for
conciliation,  settlement  or   alternate  dispute
resolution shall not be received in evidence.
    (f) The respondent  may  file a written answer
to the complaint  under  oath  and  appear  at the
hearing in person  or  otherwise,  with or without
counsel, and submit  testimony and be fully heard.
If the respondent  fails  to file a written answer
prior  to  the  hearing  within  the  time  limits
established   by   regulation   adopted   by   the
commission in accordance  with chapter 54 or fails
to  appear  at   the   hearing   after  notice  in
accordance  with  section   4-177,  the  presiding
officer or hearing  adjudicator may enter an order
of default and  order  such relief as is necessary
to eliminate the  discriminatory practice and make
the  complainant  whole.  The  commission  OR  THE
COMPLAINANT may petition  the  Superior  Court for
enforcement of any  such order for relief pursuant
to the provisions of section 46a-95.
    (g)   The   presiding   officer   or   hearing
adjudicator conducting any  hearing  shall  permit
reasonable amendment to  any  complaint  or answer
and the testimony  taken  at  the hearing shall be
under oath and  be  transcribed  at the request of
any party.
    Sec. 5. Subsection  (a)  of section 46a-94a of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a)  The  Commission   on   Human  Rights  and
Opportunities, any respondent  or  any complainant
aggrieved by a  final order of a presiding officer
or any complainant  aggrieved  by the dismissal of
his complaint by  the  commission  FOR  FAILURE TO
ATTEND A MANDATORY  MEDIATION  SESSION AS PROVIDED
IN SUBSECTION (c) OF SECTION 46a-83, AS AMENDED BY
THIS ACT, A  FINDING  OF  NO  REASONABLE  CAUSE AS
PROVIDED IN SUBSECTION (d) OF SAID SECTION 46a-83,
AS  AMENDED  BY   THIS   ACT,   OR   REJECTION  OF
RECONSIDERATION OF ANY  DISMISSAL  AS  PROVIDED IN
SUBSECTION (e) OF  SAID SECTION 46a-83, AS AMENDED
BY THIS ACT,  may  appeal  therefrom in accordance
with  section 4-183.  [,  except  venue  for  such
appeal shall be  in the judicial district in which
the discriminatory practice  is  alleged  to  have
occurred or in the judicial district in which such
person resides or  transacts  business.] The court
on appeal shall also have jurisdiction to grant to
the  commission, respondent  or  complainant  such
temporary relief or  restraining order as it deems
just and suitable,  and in like manner to make and
enter  a  decree   enforcing   or   modifying  and
enforcing as so  modified  or  setting  aside,  in
whole or in part, the order sought to be reviewed.
    Sec.  6.  Section   46a-100   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    Any person who  has  timely  filed a complaint
with   the  Commission   on   Human   Rights   and
Opportunities in accordance with section 46a-82 [,
alleging a violation  of  section  46a-60] and who
has obtained a  release  from  the  commission  in
accordance with section  46a-83a,  AS  AMENDED  BY
THIS ACT, OR  46a-101, AS AMENDED BY THIS ACT, may
also bring an action in the superior court for the
judicial  district  in  which  the  discriminatory
practice is alleged  to  have occurred or in which
the  respondent  transacts  business,  except  any
action involving a state agency or official may be
brought in the  superior  court  for  the judicial
district of Hartford-New Britain*.
    Sec. 7. Subsection  (b)  of section 46a-101 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (b) THE COMPLAINANT  AND  THE  RESPONDENT,  BY
THEMSELVES OR THEIR ATTORNEYS, MAY JOINTLY REQUEST
THAT THE COMPLAINANT  RECEIVE  A  RELEASE FROM THE
COMMISSION AT ANY TIME FROM THE DATE OF FILING THE
COMPLAINT UNTIL THE  EXPIRATION OF TWO HUNDRED TEN
DAYS FROM THE DATE OF FILING OF THE COMPLAINT. The
complainant,  or  his   attorney,  may  request  a
release from the  commission if his complaint with
the  commission  is   still   pending   after  the
expiration of two  hundred  ten days from the date
of its filing.
    Sec. 8. (NEW)  (a) Notwithstanding the failure
of   the   Commission    on   Human   Rights   and
Opportunities to comply with the time requirements
of section 46a-83  of  the  general  statutes,  as
amended by this  act,  and  section  46a-84 of the
general statutes, as  amended  by  this  act, with
respect to a  complaint before the commission, the
jurisdiction  of  the  commission  over  any  such
complaint shall be retained.
    (b) The commission  shall  report  annually to
the judiciary committee  of  the  General Assembly
and the Governor:  (1)  The number of cases in the
previous fiscal year that exceeded the time frame,
including  authorized  extensions,  set  forth  in
subsection (d) of  section  46a-83  of the general
statutes, as amended by section 2 of this act; (2)
the reasons for  the  failure  to  comply with the
time frame; (3)  the  number  of  actions  brought
pursuant to subsection (d) of this section and the
results   thereof;  and   (4)   the   commission's
recommendations for legislative  action,  if  any,
necessary for the commission to meet the statutory
time frame.
    (c) If a  complaint  has been pending for more
than twenty-one months from the date of filing and
the  commission  has   not  issued  a  finding  of
reasonable  cause  or  no  reasonable  cause,  the
executive  director  shall   send   a   notice  by
certified mail, return receipt requested, advising
the complainant of  his right to request a release
of jurisdiction in accordance with section 46a-101
of the general  statutes,  as amended by this act.
The  executive  director  or  his  designee  shall
investigate the cause  for  the delay in issuing a
finding. After such  investigation,  the executive
director may, given the facts and circumstances of
the case, schedule  a date certain for issuance of
a finding of  reasonable  cause  or  no reasonable
cause.
    (d) (1) If  a  complaint  has been pending for
more than two  years  after  the  date  of  filing
pursuant  to  section   46a-82   of   the  general
statutes, and if the investigator fails to issue a
finding of reasonable cause or no reasonable cause
by the date  ordered  by the executive director of
the commission pursuant  to subsection (c) of this
section,  the  complainant   or   respondent   may
petition  the  superior  court  for  the  judicial
district of Hartford-New  Britain  at Hartford for
an  order requiring  the  commission  to  issue  a
finding of reasonable cause or no reasonable cause
by a date certain. The petitioner shall submit the
petition on forms  prescribed by the Office of the
Chief Court Administrator.
    (2) The clerk,  upon  receipt  of the petition
and if the  clerk  finds  it  to  be in the proper
form, shall fix  a  date  for the hearing and sign
the notice of  hearing.  The hearing date shall be
no more than thirty days after the clerk signs the
notice. Service shall  be  made  on the commission
and  all  persons   named  in  the  discriminatory
practice complaint at  least  twenty days prior to
the  date  of   hearing  by  United  States  mail,
certified or registered,  postage  prepaid, return
receipt requested, without the use of a sheriff or
other officer. Service  on the commission shall be
made on the  executive  director of the commission
or the commission  counsel.  Within  five  days of
service, the petitioner  shall file with the court
an affidavit stating  the date and manner in which
a copy of  the  petition  was served and attach to
the  affidavit  the   return  receipts  indicating
delivery of the petition.
    (3)  Within ten  days  after  receipt  of  the
petition, any party, including the commission, may
file an answer.  The  commission  and  all persons
named  in the  discriminatory  practice  complaint
shall have the right to appear and be heard at the
hearing.
    (4) If the  commission  and parties agree on a
date certain, the court shall order the commission
to  issue  a   finding   by   said  date.  If  the
allegations of the  petition  are  contested,  the
court shall hold  a  hearing  on  the petition and
issue  an  appropriate   order.  Hearing  of  oral
argument on the  petition  shall  take  precedence
over other matters  in  the  court, as provided in
section 46a-96 of  the general statutes. The court
shall award court costs and attorney's fees to the
petitioner, provided such  party is a "person", as
defined in subsection (l) of section 4-184a of the
general statutes, unless the commission shows good
cause for not  issuing  the  finding of reasonable
cause or no  reasonable  cause within two years of
the date of  filing  or  the  date  ordered by the
executive director for  the  investigator to issue
such finding, whichever  is  later.  An  award  of
court costs and  attorney's  fees shall be subject
to the court's  discretion, but shall not exceed a
total of five hundred dollars.
    (5)  This  subsection   shall   not  apply  to
complaints  initiated  by  the  commission  or  to
pattern or practice or systemic cases.
    Sec. 9. Section 46a-54 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    The commission shall have the following powers
and duties:
    (1) To establish  and maintain such offices as
the commission may deem necessary;
    (2) To organize the commission into a division
of  affirmative  action  monitoring  and  contract
compliance, a division  of discriminatory practice
complaints and such  other  divisions,  bureaus or
units  as  may  be  necessary  for  the  efficient
conduct of business of the commission;
    (3) To employ  a  commission counsel who shall
not be subject to the provisions of chapter 67;
    (4) To appoint  such  investigators  and other
employees and agents  as  it  deems necessary, fix
their compensation within the limitations provided
by law and prescribe their duties;
    (5)  To  adopt,  publish,  amend  and  rescind
regulations consistent with  and to effectuate the
provisions of this chapter;
    (6) To establish  rules of practice to govern,
expedite and effectuate  the  procedures set forth
in this chapter;
    (7)   To   recommend    policies    and   make
recommendations to agencies  and  officers  of the
state  and local  subdivisions  of  government  to
effectuate the policies of this chapter;
    (8)  To  receive,   initiate  as  provided  in
section    46a-82,   investigate    and    mediate
discriminatory practice complaints;
    (9) By itself  or  with or by hearing officers
OR  HUMAN  RIGHTS   REFEREES,  to  hold  hearings,
subpoena witnesses and  compel  their  attendance,
administer oaths, take the testimony of any person
under  oath  and   require   the   production  for
examination of any  books  and  papers relating to
any matter under investigation or in question;
    (10) To make rules as to the procedure for the
issuance of subpoenas by individual commissioners,
[and] hearing officers AND HUMAN RIGHTS REFEREES;
    (11)   To   require    written    answers   to
interrogatories  under  oath   relating   to   any
complaint  under investigation  pursuant  to  this
chapter alleging any  discriminatory  practice  as
defined in subdivision  (8) of section 46a-51, and
to  adopt  regulations   in  accordance  with  the
provisions of chapter 54 for the procedure for the
issuance of interrogatories  and  compliance  with
interrogatory requests;
    (12)   To   utilize    such    voluntary   and
uncompensated  services  of  private  individuals,
agencies and organizations  as  may  from  time to
time  be  offered   and   needed   and   with  the
cooperation of such  agencies,  (A)  to  study the
problems  of discrimination  in  all  or  specific
fields of human  relationships  and  (B) to foster
through   education  and   community   effort   or
otherwise good will  among the groups and elements
of the population of the state;
    (13) To require  the  posting  by an employer,
employment agency or  labor  organization  of such
notices  regarding  statutory  provisions  as  the
commission shall provide;
    (14) To require the posting, by any respondent
or other person  subject  to  the  requirements of
section 46a-64, 46a-64c,  46a-81d  or  46a-81e, of
such notices of  statutory  provisions as it deems
desirable;
    (15) (A) To  require  an employer having three
or more employees  to  post  in  a  prominent  and
accessible  location  information  concerning  the
illegality  of  sexual   harassment  and  remedies
available to victims of sexual harassment; and (B)
to  require  an  employer  having  fifty  or  more
employees to provide  two  hours  of  training and
education to all  supervisory employees within one
year  of  October   1,   1992,   and  to  all  new
supervisory employees within  six  months of their
assumption of a supervisory position, provided any
employer  who  has   provided  such  training  and
education to any  such  employees after October 1,
1991,  shall  not  be  required  to  provide  such
training  and  education   a   second  time.  Such
training and education  shall  include information
concerning  the  federal   and   state   statutory
provisions   concerning  sexual   harassment   and
remedies   available   to    victims   of   sexual
harassment. As used  in  this subdivision, "sexual
harassment" shall have  the  same  meaning  as set
forth in subdivision  (8)  of  subsection  (a)  of
section 46a-60, and  "employer"  shall include the
General Assembly; and
    (16) To enter  into  contracts  for and accept
grants of private  or  federal funds and to accept
gifts, donations or  bequests, including donations
of service by attorneys.
    Sec.  10.  Section   46a-68h  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    If the commission  issues an order pursuant to
subdivision  (5)  of  subsection  (c)  of  section
46a-56,  the  contractor   or   subcontractor  may
request a hearing  within  fifteen days of receipt
of  such  order   to   allow  such  contractor  or
subcontractor to show  cause  why the commission's
order should not be implemented. Upon receipt of a
request  for  a   hearing,  the  commission  shall
appoint a hearing  officer OR HUMAN RIGHTS REFEREE
pursuant  to  the   procedures   adopted   by  the
commission. Any hearing requested pursuant to this
section shall be  conducted in accordance with the
provisions of sections 4-177 to 4-182, inclusive.
    Sec.  11.  Section   46a-68i  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    The   commission   or    any   contractor   or
subcontractor  aggrieved  by  a  decision  of  the
hearing officer OR  HUMAN  RIGHTS REFEREE pursuant
to section 46a-68h shall have a right of appeal to
the Superior Court  as  provided  for  in  section
4-183. Such appeal shall be privileged in order of
assignment of trial.
    Sec. 12. Subsection  (c)  of section 46a-52 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (c) On or before July 15, 1989, the commission
shall appoint an  executive  director who shall be
the chief executive  officer  of the Commission on
Human Rights and Opportunities to serve for a term
expiring on July  14, 1990. Upon the expiration of
such term and  thereafter,  the executive director
shall be appointed  for  a term of four years. The
executive  director  shall   be   supervised   AND
ANNUALLY EVALUATED by  the  commission.  [and] THE
EXECUTIVE DIRECTOR shall serve [for a term of four
years] AT THE  PLEASURE  OF  THE COMMISSION BUT NO
LONGER THAN FOUR  YEARS FROM JULY FIFTEENTH IN THE
YEAR OF HIS  OR HER APPOINTMENT UNLESS REAPPOINTED
PURSUANT TO THE PROVISIONS OF THIS SUBSECTION. The
executive director shall  receive an annual salary
within  the  salary   range   of  a  salary  group
established by the  Commissioner of Administrative
Services for the  position. The executive director
(1)  shall  conduct  comprehensive  planning  with
respect to the  functions  of  the commission; (2)
shall coordinate the activities of the commission;
(3) shall cause the administrative organization of
the commission to  be  examined  with  a  view  to
promoting economy and efficiency.
    Sec.  13.  Section   52-434   of  the  general
statutes, as amended  by  section  5 of public act
97-40, section 4  of public act 97-178, section 38
of public act 97-11 of the June 18 special session
and section 5  of  public  act 97-1 of the July 21
special session, is  repealed and the following is
substituted in lieu thereof:
    (a) (1) Each  judge of the Supreme Court, each
judge of the  Appellate  Court,  each judge of the
Superior Court and  each  judge  of  the  Court of
Common Pleas who  ceases  or  has  ceased  to hold
office because of  retirement other than under the
provisions of section  51-49 and who is an elector
and a resident  of  this  state  shall  be a state
referee for the remainder of his term of office as
a judge and shall be eligible for appointment as a
state referee during  the remainder of his life in
the manner prescribed  by  law for the appointment
of a judge  of  the court of which he is a member.
The Superior Court  may  refer  any civil, nonjury
case or with the written consent of the parties or
their  attorneys,  any  civil  jury  case  pending
before the court  in  which  the  issues have been
closed to [such] a [state] JUDGE TRIAL referee who
shall have and exercise the powers of the Superior
Court in respect  to trial, judgment and appeal in
the case. The Superior Court may, with the consent
of  the parties  or  their  attorneys,  refer  any
criminal case to  [such]  a  [state]  JUDGE  TRIAL
referee who shall  have and exercise the powers of
the Superior Court  in respect to trial, judgment,
sentencing and appeal in the case, EXCEPT THAT THE
SUPERIOR COURT MAY,  WITHOUT  THE  CONSENT  OF THE
PARTIES OR THEIR ATTORNEYS, (A) REFER ANY CRIMINAL
CASE, OTHER THAN A CRIMINAL JURY TRIAL, TO A JUDGE
TRIAL  REFEREE ASSIGNED  TO  A  GEOGRAPHICAL  AREA
CRIMINAL COURT SESSION  AND (B) REFER ANY CRIMINAL
CASE, OTHER THAN  A CLASS A OR B FELONY OR CAPITAL
FELONY, TO A  JUDGE  TRIAL REFEREE TO PRESIDE OVER
THE  JURY SELECTION  PROCESS  AND  ANY  VOIR  DIRE
EXAMINATION CONDUCTED IN  SUCH  CASE,  UNLESS GOOD
CAUSE IS SHOWN NOT TO REFER. (2) Each judge of the
Circuit  Court  who  has  ceased  to  hold  office
because  of  retirement   other   than  under  the
provisions of section  51-49 and who is an elector
and a resident  of  this  state  shall  be a state
referee for the remainder of his term of office as
a judge and shall be eligible for appointment as a
state referee during  the remainder of his life in
the manner prescribed  by  law for the appointment
of a judge  of  the court of which he is a member,
to whom the  Superior  Court may, with the written
consent of the  parties  or their attorneys, refer
any case pending in court in which the issues have
been closed and  which  the judges of the Superior
Court may establish by rule to be the kind of case
which may be  heard by such referees WHO HAVE BEEN
APPOINTED  JUDGE  TRIAL   REFEREES   PURSUANT   TO
SUBSECTION (b). The JUDGE TRIAL referee shall hear
any such case  so referred and report the facts to
the court by which the case was referred. (3) Each
judge of the  Juvenile  Court  who  ceases  or has
ceased to hold  office because of retirement other
than under the provisions of section 51-49 and who
is an elector  and  a resident of this state shall
be a state  referee  for the remainder of his term
of office as  a  judge  and  shall be eligible for
appointment  as  a   state   referee   during  the
remainder of his  life in the manner prescribed by
law for the appointment of a judge of the court of
which he is  a member, to whom a judge before whom
any  juvenile matter  is  pending  may,  with  the
written consent of  the child concerned, either of
his parents or his guardian or his attorney, refer
any juvenile matter pending, PROVIDED SUCH REFEREE
HAS  BEEN  APPOINTED   A   JUDGE   TRIAL   REFEREE
SPECIFICALLY  DESIGNATED TO  HEAR  JUVENILE  CASES
PURSUANT  TO  SUBSECTION   (b).  The  JUDGE  TRIAL
referee shall hear  any  matter  so  referred  and
report the facts  to  the  court  for the district
from  which  the   matter  was  referred.  (4)  In
addition to the  [state]  JUDGE TRIAL referees who
are appointed pursuant  to subdivision (1), (2) or
(3) of this  subsection,  the  Chief  Justice  may
appoint, from qualified  members of the bar of the
state, who are  electors  and  residents  of  this
state, as many  state referees as he may from time
to   time  deem   advisable   or   necessary.   No
appointment of a  member  of  the bar may be for a
term of more than three years. Notwithstanding the
provisions  of subsection  (f)  of  this  section,
state referees appointed by the Chief Justice from
members of the  bar  shall receive such reasonable
compensation and expenses  as may be determined by
the Chief Justice.
    (b)  The Chief  Justice  may  designate,  from
among the state  referees, judge trial referees to
whom criminal and civil cases and juvenile matters
may be referred. Criminal cases and civil cases of
an adversary nature  shall  be  referred  only  to
state referees who  are  designated as JUDGE trial
referees. Juvenile matters  shall be referred only
to  JUDGE  trial  referees  who  are  specifically
designated  to  hear   juvenile   cases.  No  such
designation may be  for  a  term  of more than one
year.
    (c) Each hearing  by  a  [state]  JUDGE  TRIAL
referee shall be  held  in  a suitable room, to be
provided  by  the   Office   of  the  Chief  Court
Administrator, in a  courthouse  in  the  judicial
district where the  case  is  pending  unless  the
parties or their  attorneys  stipulate  in writing
that the hearing may be held elsewhere.
    (d) Each [state]  JUDGE TRIAL referee may have
the attendance of  a  sheriff or deputy sheriff at
any hearing before  him.  The  sheriff  or  deputy
sheriff  shall  receive   the   same  compensation
provided for attendance at regular sessions of the
court from which  the  case  was referred and such
compensation shall be  taxed  by the state referee
in the same  manner  as similar costs are taxed by
the judges of the court.
    (e)  Each  [state]  JUDGE  TRIAL  referee  may
compel the attendance  of  any witness summoned to
appear before him  at  any  hearing,  in  the same
manner as the  attendance  of  any  witness may be
compelled in the  Superior  Court,  and may punish
for any act  of contempt committed in his presence
while engaged in  the  hearing  in the same manner
and to the  same  extent as judges of the Superior
Court.
    [(f) (1) Each state referee shall receive, for
acting as a  referee  or  as  a  single auditor or
committee of any  court  or  for performing duties
assigned by the Chief Court Administrator with the
approval of the  Chief Justice, in addition to the
retirement salary, the  sum  of  one hundred sixty
dollars and expenses,  including mileage, for each
day a state referee is so engaged, said sums to be
taxed by the  court  making  the  reference in the
same manner as other court expenses.]
    [(2)] (f) (1)  On  and  after October 1, 1997,
each [state] JUDGE  TRIAL  referee  shall receive,
for acting as  a referee or as a single auditor or
committee of any  court  or  for performing duties
assigned by the Chief Court Administrator with the
approval of the  Chief Justice, in addition to the
retirement salary, the  sum of one hundred seventy
dollars and expenses,  including mileage, for each
day a state referee is so engaged, said sums to be
taxed by the  court  making  the  reference in the
same manner as other court expenses.
    [(3)] (2) On  and  after October 1, 1998, each
[state] JUDGE TRIAL  referee  shall  receive,  for
acting as a  referee  or  as  a  single auditor or
committee of any  court  or  for performing duties
assigned by the Chief Court Administrator with the
approval of the  Chief Justice, in addition to the
retirement  salary,  the   sum   of   one  hundred
seventy-five  dollars  and   expenses,   including
mileage,  for each  day  a  state  referee  is  so
engaged, said sums to be taxed by the court making
the reference in  the  same  manner as other court
expenses.
    (g) A judge  trial  referee may participate in
an alternative dispute resolution program approved
by STA-FED ADR,  Inc.  in any year commencing July
first provided such  referee  performed the duties
of a judge  trial referee or a senior judge for at
least seventy-five days during the preceding year,
except that (1)  for  the  year commencing July 1,
1993, a judge  trial  referee  may  participate in
said   alternative  dispute   resolution   program
without having performed  the  duties  of  a judge
trial referee or  senior  judge  for  seventy-five
days during the  preceding  year  and  (2) a judge
trial referee may  participate in said alternative
dispute  resolution program  from  the  date  such
referee   assumes   such   status,   through   the
completion  of  the  year  commencing  July  first
following such date  without  having satisfied the
seventy-five-day  requirement.  Any   judge  trial
referee  who  participates   in  said  alternative
dispute resolution program  pursuant to subsection
(g) of section 51-50c without having satisfied the
seventy-five-day  requirement set  forth  in  said
subsection shall not be eligible to participate in
said program pursuant  to  this subsection without
having satisfied the  seventy-five-day requirement
set forth in this subsection.
    Sec. 14. This act shall take effect October 1,
1998, except that  sections  1  to  12, inclusive,
shall take effect  July  1,  1998,  and  shall  be
applicable  to  all   cases   pending   with   the
commission or in  the courts and cases filed on or
after said date.

Approved June 8, 1998