Substitute Senate Bill No. 419

Public Act No. 00-12

An Act Concerning The Review And Dismissal Of Discriminatory Practice Complaints By The Commission On Human Rights And Opportunities.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (b) of section 46a-83 of the general statutes is repealed and the following is substituted in lieu thereof:

(b) Within ninety days of the filing of the respondent's answer to the complaint, the executive director or [his] the executive director's 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] the executive director's designee determines that the complaint fails to state a claim for relief or is frivolous on its face, that the respondent is exempt from the provisions of this chapter or that 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. The executive director shall report the results of [his] the executive director's determinations pursuant to this subsection to the commission quarterly during each year.

Sec. 2. Subsection (e) of section 46a-83 of the general statutes is repealed and the following is substituted in lieu thereof:

(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, (3) because the respondent is exempt from the provisions of this chapter, or [(3)] (4) because there is no reasonable possibility that investigating the complaint will result in a finding 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 executive director of the commission, or [his] the executive director's designee, not later than fifteen days from the issuance of such finding or dismissal. The executive director of the commission, or [his] the executive director's designee, shall reconsider or reject within ninety days of the issuance of such finding or dismissal. The executive director of the commission, or [his] the executive director's designee, shall conduct such additional proceedings as may be necessary to render a decision on the request for reconsideration.