R.C.S.A. § 46a-54-57a
Default for failure to answer interrogatories, respond to subpoena or attend a mandatory mediation session
Cite as Conn. Agencies Regs. § 46a-54-57a
mediation session
(a) The executive director may enter an order of default against a respondent who, after
notice, fails to answer interrogatories issued pursuant to section 46a-54(11) of the
Connecticut General Statutes, fails to respond to a subpoena issued pursuant to section
46a-54(9) of the Connecticut General Statutes or section 46a-83(h) of the Connecticut
General Statutes or fails, without good cause, to attend a mandatory mediation session.
(b) A commission attorney or investigator or a complainant may request that the executive
director enter an order of such default by mailing a request to enter default to the
executive director and copies to the complainant or the commission and the respondent.
Service upon the respondent shall be made by certified mail, return receipt requested,
or other mail service that confirms receipt. The stamped "Receipt for Certified Mail"
or other mail service's confirming receipt shall be prima facie proof of the date
of mailing.
(c) After fifteen (15) days from the mailing of the "Request to Enter Default," the executive
director may issue an order of default or deny the request, provided that no default
shall enter if the respondent has answered the interrogatories under oath or has responded
to the subpoena in accordance with the Connecticut General Statutes and section 46a-54-52a
or 46a-54-53a of the Regulations of Connecticut State Agencies.
(d) If the respondent files a written objection specifically stating the reasons for its
objection not later than fifteen (15) days after the mailing of the "Request to Enter
Default," the executive director shall consider the reasons set forth in the objection.
If an objection is filed, the executive director shall allow the commission counsel
or a complainant requesting the default order to respond fully to the objection.