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statutes is repealed and the following is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