Sec. 46a-94a. Appeal to Superior Court from order of presiding officer. Reopening of matters.
Sec. 46a-94a. Appeal to Superior Court from order of presiding officer. Reopening of matters. (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, a finding of no reasonable cause as provided in subsection (d) of said section 46a-83 or rejection of reconsideration of any dismissal as provided in subsection (e) of said
section 46a-83, may appeal therefrom in accordance with section 4-183. 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.
(b) Notwithstanding the provisions of subsection (a) of this section, a complainant
may not appeal the dismissal of his complaint if he has been granted a release pursuant
to section 46a-101.
(c) The commission on its own motion may, whenever justice so requires, reopen
any matter previously closed by the commission in accordance with the provisions of this
subsection, provided such matter has not been appealed to the Superior Court pursuant to
section 4-183. Notice of such reopening shall be given to all parties. A complainant or
respondent may, for good cause shown, in the interest of justice, apply in writing for
the reopening of a previously closed proceeding provided such application is filed with
the commission within two years of the commission's final decision.
(d) The standards for reopening a matter may include, but are not limited to: (1) A
material mistake of fact or law has occurred; (2) the finding is arbitrary or capricious;
(3) the finding is clearly erroneous in view of the reliable, probative and substantial
evidence on the whole record; and (4) new evidence has been discovered which materially affects the merits of the case and which, for good reasons, was not presented during
the investigation.
(P.A. 88-241, S. 1; P.A. 90-230, S. 93, 101; P.A. 91-331, S. 6; P.A. 98-245, S. 5, 14; P.A. 00-199, S. 2, 3; P.A. 01-95,
S. 2-4; 01-195, S. 99, 181.)
History: P.A. 90-230 changed "hearing officer" to "presiding officer"; P.A. 91-331 designated existing section as
Subsec. (a) and added Subsec. (b) re the appeal of complaints released pursuant to Sec. 46a-101; P.A. 98-245 amended
Subsec. (a) to provide appeal for dismissal for failure to attend a mandatory mediation session, a finding of no reasonable
cause or rejection of reconsideration of any dismissal and deleted provision re venue for such appeal, effective July 1,
1998, and applicable to all cases pending with the commission or in the courts and cases filed on or after said date; P.A.
00-199 added Subsec. (c) authorizing the commission to reopen previously closed matters provided they have not been
appealed to the Superior Court, effective June 1, 2000; P.A. 01-95 amended Subsec. (c) to require application for reopening
to be in writing and delete obsolete language re time for filing such application and added Subsec. (d) re standards for
reopening a matter, effective July 1, 2001; P.A. 01-195 made a technical change in Subsec. (c), effective July 11, 2001.
Cited. 220 C. 192; Id., 307. Cited. 231 C. 328. Cited. 232 C. 91; Id., 117; Id., 181. Cited. 236 C. 250. Cited. 238 C. 337.
Cited. 41 CA 1.