Certificate of exemption; conciliation; hearings (Repealed)

(a) An agency receiving a certificate of noncompliance may petition the commissioner of the department of administrative services and the secretary of the office of policy and management for issuance of a certificate of exemption in accordance with Section 14 of Public Act 83-569. A separate certificate of exemption shall be required for each vacancy in a position or position classification. A copy of the petition, together with evidence in support thereof, shall be served upon the commission. Service shall be made in a manner permitted by Section 46a-68-67 (c), and the petition shall so state. (b) The commissioner of the department of administrative services and the secretary of the office of policy and management may refer the agency to the commission to discuss whether an agreement pursuant to Section 46a-68-68 may be reached which would obviate the need for issuance of a certificate of exemption. In such event, the agency and commission shall report the results of any such discussion to the commissioner of the department of administrative services and the secretary of the office of policy and management. Any agreement between an agency and the commission shall be in writing and signed by the agency appointing authority, affirmative action officer and a representative of the commission. (c) If the agency receiving the certificate and the commission are unable to reach an agreement pursuant to Section 46a-68-68 or if the commissioner and secretary elect to determine whether an emergency situation exists without referring the agency to the commission, as provided in subsection (b) of this section, the commissioner and secretary shall determine whether a certificate of exemption shall issue. A certificate of exemption may issue if the commissioner and secretary find that the agency receiving the certificate of noncompliance has shown that failure to fill a vacant position or position classification will cause an emergency situation to exist jeopardizing the public welfare. The commission shall respond to requests from the commissioner and secretary for information relating to the status of a noncomplying agency's affirmative action plan.