Sec. 46a-90a. Commission action after granting of temporary injunction. Duration of temporary injunction. Permanent injunction.
Sec. 46a-90a. Commission action after granting of temporary injunction. Duration of temporary injunction. Permanent injunction. (a) The chairperson of the
commission shall schedule a date for a hearing pursuant to section 46a-84 to be held
within forty-five days of any temporary injunctive relief or restraining order issued
pursuant to section 46a-89a. Such temporary injunctive relief or restraining order shall
remain in effect until the presiding officer renders his decision on the complaint. If the
commission does not conduct its hearing procedure with reasonable dispatch, the court,
on the motion of the respondent and for good cause shown, shall remove such temporary
injunction and assume jurisdiction of all civil proceedings arising out of the complaint
and shall set the matter for hearing on the merits. The presiding officer shall render his
decision within twenty days after the close of evidence and the filing of briefs.
(b) When the presiding officer finds that the respondent has engaged in any discriminatory practice prohibited by section 46a-60, 46a-64, 46a-64c, 46a-81c, 46a-81d or
46a-81e and grants relief on the complaint, which relief requires that such temporary
injunction remain in effect, the commission chairperson may, through the procedure
outlined in subsection (a) of section 46a-95, petition the court which granted the original
temporary injunction to make the injunction permanent.
(c) Upon issuance of a permanent injunction, the case shall be returned to the commission for such further action as is authorized by this chapter.
(d) Any temporary injunction issued under the provisions of section 46a-89a shall
remain in effect during any appeal under section 46a-94a, or any enforcement procedure
under section 46a-95, unless removed by the court or a judge thereof.
(P.A. 88-241, S. 5; P.A. 90-230, S. 92, 101; 90-246, S. 13; P.A. 91-58, S. 32.)
History: P.A. 90-230 changed "hearing officer" to "presiding officer" in Subsecs. (a) and (b); P.A. 90-246 amended
Subsec. (b) by deleting reference to Sec. 46a-64a and adding reference to Sec. 46a-64c; P.A. 91-58 amended Subsec. (b)
by adding reference to Secs. 46a-81c, 46a-81d and 46a-81e.