Section 46a-54-49a - Merit assessment; review after the filing of respondent's answer and complainant's reply and information(a) Not later than ninety (90) days after the filing of the respondent's answer to the complaint or the filing of the respondent's answer to an amended complaint, the executive director or the executive director's designee shall review the file. In the event that the complaint is amended prior to the executive director's or the executive director's designee's review of the file, not later than ninety (90) days after the filing of the respondent's answer to the amended complaint, the executive director or the executive director's designee shall review the file. The review shall include the amended complaint, the respondent's answer to the amended complaint and any responses to the commission's request for information and any reply to the respondent's answer and responses to requests for information. Within the ninety (90) days in which the executive director or the executive director's designee reviews the file, in order to be considered as part of the merit assessment review, the respondent has thirty (30) days after filing an answer to submit additional information. Additional information from the respondent shall not be considered unless the complainant has had fifteen (15) days to review and respond to the information. Notwithstanding the respondent's duty to provide additional submissions not later than thirty (30) days after the filing of its answer, the executive director or the executive director's designee may consider, upon good cause shown, late-filed submissions provided the complainant has fifteen (15) days to rebut the respondent's submission and the executive director or the executive director's designee has not completed the merit assessment review.(b) The executive director or the executive director's designee shall dismiss the complaint if he or she determines: (1) The complaint fails to state a claim for relief;(2) The complaint is frivolous on its face;(3) The respondent is exempt from the provisions of chapter 814c of the Connecticut General Statutes; or(4) There is no reasonable possibility that investigating the complaint will result in a finding of reasonable cause.(c) The review shall not apply to a complaint that alleges a violation of section 46a-64c or section 46a-81e of the Connecticut General Statutes.(d) A dismissal under this section shall be in accordance with section 46a-83(e) of the Connecticut General Statutes and the procedures set forth in section 46a-54-61 a(b), section 46a-54-62 a and section 46a-54-67 a(d) of the Regulations of Connecticut State Agencies.(e) If the executive director or the executive director's designee determines that the complaint is not required to be dismissed pursuant to subsection (b) of this section, the commission shall retain the complaint and proceed in accordance with section 46a-83(c) of the Connecticut General Statutes and section 46a-54-55 a of the Regulations of Connecticut State Agencies.Conn. Agencies Regs. § 46a-54-49a
Adopted effective November 4, 2002