Posting of regulation by employer; confidentiality; procedure for filing a complaint

(a) No later than thirty (30) days after the effective date of this regulation, each employer shall post a copy of this regulation in a conspicuous location in the workplace where any employee can easily read it. The posted regulation shall contain the following heading, in type not less than twenty (20) point boldface: NOTICE TO EMPLOYEES Department of Public Utility Control. (b) The Department will not treat as a complaint any information provided to the Department on an anonymous basis; but the Department shall not disclose the identity of any complainant without the consent of the complainant, unless the Department determines that such disclosure is unavoidable during the course of the investigation of a complaint. The contents of any complaint, and Department records related to any complaint, shall be exempt from disclosure under the Connecticut Freedom of Information Act, as provided in Chapter 14 of the General Statutes of Connecticut. (c) Any complaint may be transmitted to the Department by facsimile machine or other form of electronic media, or in writing. The Department may request written verification of any complaint not transmitted in writing. Each written complaint shall be typewritten or printed clearly. The envelope containing the complaint shall be clearly marked on the front side with the inscription "CONFIDENTIAL," and the first page of the complaint shall be clearly marked with the inscription "CONFIDENTIAL" at the top. An original of any document submitted in support of a complaint shall be filed, except that a good quality photographic reproduction may be submitted if an original copy is not available. In addition, each complaint shall conform to any other filing requirement that may be established from time to time by the Executive Secretary of the Department. (d) Prior to filing a formal written complaint a prospective complainant should contact the Department by telephone by calling the Department toll free at 1-800-382-4586, or by calling the Department at 860-827-2622. Each written complaint filed pursuant to Connecticut General Statutes Section 16-8a(c) shall be addressed to the Executive Secretary of the Department, 10 Franklin Square, New Britain, CT 06051. The Department will discuss and review the complaint and advise the complainant as to the complaint filing process. (e) A complaint may be delivered to the Department by United States mail, private delivery service, or in person at the office of the executive secretary. Each written complaint filed pursuant to Connecticut General Statutes Section 16-8a(c) shall contain a clear and concise statement of the matter complained of, and of the relief requested, including the material facts relied on by the complainant. Any relevant and material exhibits, illustrations, written testimony, or any other evidence may be annexed to a complaint. Each complaint shall include: the name, address and phone number of the employer and any parties against whom the complaint is made; facts and incidents occurring no more than two years prior to the date of filing presented in a concise chronological manner; names of witnesses to alleged incidents; and the name and address of the agent for service of process. (f) Each complainant shall provide the complainant's mailing address or street address if the mailing address is a Post Office box and a telephone number at which the Department may contact the complainant. The complainant shall sign each written complaint filed pursuant to Connecticut General Statutes Section 16-8a(c). (g) Not more than 30 business days after the receipt of a written complaint filed pursuant to Connecticut General Statutes Section 16-8a(c), in the form prescribed by the department, the department shall make a preliminary finding. If the department finds that an employee: (1) reported substantial misfeasance, malfeasance or nonfeasance in the management of the company, holding company or licensee; (2) the employee was subsequently discharged, suspended, demoted or otherwise penalized by having his status of employment changed by his employer; and (3) the employee's report was not knowingly false, the department shall issue an order requiring the employer to immediately return the employee to the employee's previous position of employment or an equivalent position.