Section 46a-54-84a - Amendment of complaint to substitute or add the commission(a) After the appointment of a presiding officer, the commission may move to amend any complaint filed under section 46a-82 of the Connecticut General Statutes to substitute or add itself as a complaining party:(1) Not later than sixty (60) days after the hearing conference, if the commission believes that the discriminatory practices complained of affect the legal rights of persons other than the complainant; or(2) Not later than thirty (30) days after a complainant withdraws the complaint, and the commission believes that the discriminatory practices complained of raise issues of public policy or affect the legal rights of persons similarly situated to the complainant, except that the attorney for the commission may waive the commission's right to amend the complaint; or(3) Not later than thirty (30) days after the commission has been notified of a complainant's death, and the commission believes that the discriminatory practices complained of raise issues of public policy or affect the legal rights of persons similarly situated to the complainant.(4) The timeframes in subsection (a) of this section may be modified by motion of a party for good cause shown.(b) Any amendment to substitute or add the commission shall be by a majority vote of the members present and voting at a commission meeting and shall be signed by a commissioner authorized by the commission to sign. Any such amendment shall relate back to the date the original complaint was filed with the commission. The presiding officer shall permit any reasonable amendment of the complaint to substitute or add the commission.(c) When any complaint is amended to substitute or add the commission as the complaining party pursuant to subsections (a) and (b) of this section, the attorney for the commission shall provide written notice to all persons whose legal rights the commission believes are adversely affected by the discriminatory practices complained of in the amended complaint. The written notice shall be by certified mail or a mail service that confirms receipt or in such other manner as may be ordered by the presiding officer to fairly and adequately protect the interests of such persons. The attorney for the commission shall apprise such persons of the pendency of the amended complaint and advise such persons that they shall inform the presiding officer and the parties and intervenors if they wish to have the commission seek such relief as is authorized by chapter 814c of the Connecticut General Statutes or wish to be made a party or intervenor in accordance with section 46a-54-81 a of the Regulations of Connecticut State Agencies. The attorney for the commission shall also include a copy of the notice of hearing conference served pursuant to section 46a-54-79 a of the Regulations of Connecticut State Agencies and a copy of the notice of hearing, if any.(d) Any person who receives notice of an amended complaint pursuant to subsection (c) of this section may, within such time as is specified in the notice, petition to become a party or intervenor, or file a written response with the office of public hearings in accordance with section 46a-54-85 a(b) of the Regulations of Connecticut State Agencies, informing the presiding officer and the parties and intervenors whether he or she wishes the commission to seek such relief on his or her behalf as authorized by chapter 814c of the Connecticut General Statutes.(e) Once a contested case proceeding in which the commission has added or substituted itself as a complaining party has commenced, the amended complaint may not be withdrawn or settled without the approval of the presiding officer.Conn. Agencies Regs. § 46a-54-84a
Adopted effective November 4, 2002