Connecticut SB 399: AN ACT CONCERNING THE REGIONAL PLANNING INCENTIVE ACCOUNT DISTRIBUTION FORMULA.

Bill Text

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General Assembly Substitute Bill No. 399
February Session, 2026

AN ACT CONCERNING THE DISPOSITION OF CASES BEFORE THE
COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:

Section 1. Subsection (e) of section 46a-83 of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective October 2
1, 2026): 3
(e) If the complaint is not resolved after the mandatory mediation 4
conference, the complainant, the respondent or the commission may at 5
any time after such conference and before a draft investigative report is 6
issued request early legal intervention. If a request for early legal 7
intervention is made, a commission legal counsel shall determine not 8
later than ninety days after the date of the request whether the 9
complaint should be (1) heard pursuant to section 46a-84, (2) processed 10
pursuant to subsection (f) of this section, or (3) released from the 11
jurisdiction of the commission. In making such determination, 12
commission legal counsel may hold additional proceedings and may 13
utilize and direct commission staff. If a commission legal counsel 14
determines that the complaint should be processed pursuant to 15
subsection (f) of this section, the commission legal counsel may 16
recommend that the investigator make a finding of no reasonable cause. 17
The investigator shall make such a finding unless the investigator 18
believes the commission legal counsel made a mistake of fact. If the 19

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investigator intends to make a finding of reasonable cause after the 20
commission legal counsel recommends otherwise, the investigator shall 21
consult with the commission legal counsel. 22
Sec. 2. Section 46a-94a of the general statutes is repealed and the 23
following is substituted in lieu thereof (Effective October 1, 2026): 24
(a) The commission, any respondent or any complainant, aggrieved 25
by a final order of a presiding officer, may appeal to the Superior Court 26
in accordance with section 4-183. Any complainant may appeal to the 27
Superior Court in accordance with section 4-183 if the complainant is 28
aggrieved by (1) the dismissal of his or her complaint by the commission 29
for failure to attend a mandatory mediation session as provided in 30
subsection (m) of section 46a-83, (2) a finding of no reasonable cause as 31
provided in subsection (g) of section 46a-83, or (3) rejection of 32
reconsideration as provided in subsection (h) of section 46a-83. 33
(b) Notwithstanding the provisions of subsection (a) of this section, a 34
complainant may not appeal the dismissal of his or her complaint if he 35
or she has been granted a release pursuant to section 46a-101. 36
(c) The commission on its own motion may, whenever justice so 37
requires, reopen any [matter] complaint previously closed. [, provided 38
such matter has not been appealed to the Superior Court pursuant to 39
subsection (a) of this section.] Notice of such reopening shall be given to 40
all parties. A complainant or respondent may, for good cause shown, in 41
the interest of justice, apply in writing for the reopening of a previously 42
closed proceeding, provided such application is filed with the executive 43
director of the commission within two years of the [commission’s] 44
commission's final decision and the complainant has not (1) [not] been 45
issued a release of jurisdiction pursuant to section 46a-83a, as amended 46
by this act, and filed a civil action; [, or] (2) requested and received a 47
release of jurisdiction from the commission pursuant to section 46a-101; 48
(3) been issued a release of jurisdiction pursuant to subsection (c) of 49
section 46a-83 and filed a civil action; (4) been issued a final decision at 50
the commission's office of public hearings; or (5) appealed the final 51

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agency decision to the Superior Court. 52
(d) The standards for reopening a [matter may include, but are not 53
limited to] complaint are as follows: (1) A material mistake of fact or law 54
has occurred; (2) the finding is arbitrary or capricious; (3) the finding is 55
clearly erroneous in view of the reliable, probative and substantial 56
evidence on the whole record; [and] or (4) new evidence has been 57
discovered which materially affects the merits of the case and which, for 58
good reasons, was not presented during the investigation. 59
Sec. 3. Subsection (c) of section 46a-55 of the general statutes is 60
repealed and the following is substituted in lieu thereof (Effective October 61
1, 2026): 62
(c) The executive director may, within available appropriations, 63
assign a commission legal counsel to bring a civil action concerning an 64
alleged discriminatory practice, in accordance with this subsection, in 65
lieu of an administrative hearing pursuant to section 46a-84, when the 66
executive director determines that a civil acti