Section 46a-95 - (Formerly Sec. 31-128). Enforcement by Superior Court of order of presiding officer(a) The commission, through the Attorney General or a commission legal counsel, or the complainant may petition the superior court for the judicial district of Hartford, the judicial district where any discriminatory practice occurred or the judicial district in which any person charged with a discriminatory practice resides or transacts business for the enforcement of any order issued by a presiding officer under this chapter and for appropriate temporary relief of a restraining order.(b) The commission shall certify and file in the court the order of the presiding officer as part of the commission's petition or upon order of the court.(c) Within five days after filing a petition in court, the commission or the complainant shall (1) serve the petition by registered or certified mail to all parties identified in the order issued by the presiding officer or the representatives of such parties, and (2) file with the court an affidavit stating the date and manner in which each party was served.(d) The court shall: (1) Grant such relief by injunction or otherwise, including temporary relief, as it deems just and suitable, and (2) enter a decree enforcing any order of the presiding officer. The court may remand, in whole or in part, any order of the presiding officer, provided any such remand shall be limited to clarifying any ambiguity in the relief ordered. The court shall retain jurisdiction over the order while the presiding officer complies with the remand. Unless the relief ordered by the presiding officer is ambiguous, the court shall order the party in noncompliance to comply immediately with the presiding officer's order. The court shall award the costs of enforcement, including reasonable attorney's fees, to the commission or the complainant.(e) No objection or defense that has not been urged before the presiding officer or that was raised or could have been raised on appeal under section 46a-94a may be considered by the court. Petitions pursuant to this section shall be limited to resolving whether the relief ordered by the presiding officer is sufficiently clear to enforce and shall not be deemed an appeal of or collateral attack on the order of the presiding officer.(f) The jurisdiction of the court shall be exclusive and, except for a remand ordered pursuant to subsection (d) of this section, its judgment and decree shall be final. A final decree may be appealed to the Appellate Court in accordance with subsection (e) of section 51-197b.(g) Petitions filed under this section shall be heard expeditiously.Conn. Gen. Stat. § 46a-95
(1949 Rev., S. 7407; 1963, P.A. 472; 1967, P.A. 715, S. 4; 1971, P.A. 870, S. 89; P.A. 76-436, S. 619, 681; P.A. 77-603, S. 124, 125; P.A. 78-280, S. 1, 127; P.A. 80-422, S. 43; 80-483, S. 92, 186; P.A. 83-496; June Sp. Sess. P.A. 83-29, S. 35, 82; P.A. 88-241, S. 2; 88-317, S. 105, 107; P.A. 93-362, S. 5; June 30 Sp. Sess. P.A. 03-6, S. 195; P.A. 11-237, S. 12.)
Amended by P.A. 11-0237, S. 12 of the the 2011 Regular Session, eff. 10/1/2011. Annotations to former section 31-128: Substantial and competent evidence requires that evidence be such as would, in a jury trial, justify a refusal to direct a verdict. 140 Conn. 537. Cited. 153 C. 171. Substantial evidence means something more than a mere scintilla and must do more than create a suspicion of the existence of the fact to be established. Id., 652, 661. Substantial and competent evidence discussed. 163 Conn. 309, 327. Cited. 165 Conn. 318; 168 Conn. 26; 176 Conn. 88; Id., 291; Id., 533; 188 Conn. 44. Employee applicant not a necessary party on appeal; he can just set the statutory machinery in motion. 17 CS 96. "Substantial and competent evidence" discussed. Id., 99; 18 CS 129; 20 CS 172. Superior Court has jurisdiction to hear appeal from order dismissing complainant's complaint of discrimination against her. 28 Conn.Supp. 341. Annotations to present section: Cited. 195 C. 543; 196 Conn. 208; 207 C. 547; 211 Conn. 464. Cited. 3 Conn.App. 464; Id., 484; 4 Conn.App. 423; 5 Conn.App. 643; 15 Conn.App. 569.