9830057, DeRosa v. Rosen, Order Regarding Motion for Stay

9830057, DeRosa v. Rosen, Order Regarding Motion for Stay

 CHRO No. 9830057

Commission on Human Rights and Opportunities, ex rel. : Barbara G. DeRosa, Complainant
Dr. Fredric Rosen, DDS, Respondent
August 20, 1999


In reference to the document entitled "Commission on Human Rights & Opportunities’ Motion For Stay" dated August 18, 1999 (the "Motion for Stay") and filed by the Executive Director of the Commission, Cynthia Watts Elder, the following orders are entered in connection with the above-captioned matter:

  1. Pursuant to the Regulations of Connecticut State Agencies § 46a-54-92 and § 46a-55 of the General Statutes, the Executive Director of the Commission does not have authority to file the instant Motion For Stay as the Commission must be, and in fact is, represented by the Commission Counsel.
  2. Even if the Motion For Stay had been properly filed by the Commission Counsel, it would be denied by the undersigned for the following reasons:
  1. The Public Hearing is scheduled to take place in less than one month. To delay the matter until a declaratory ruling is issued or declined to be issued by the Commission could take optimistically 5-6 months, assuming the ruling is not appealed to the superior court, which would substantially delay this matter even longer. We have a duty to the public to address these matters in a more expedient fashion than the court system.
  2. While a declaratory ruling from the Commission may have some persuasive authority, it is no more binding than a final decision in another contested case before the Commission and therefore does not require an immediate halt to all proceedings which may be related to its subject matter. See §§ 4-166 and 4-176(h) of the General Statutes.
  1. Therefore, it is hereby ordered that all previously scheduled dates in this matter shall remain as scheduled, to wit:

Complainant’s production is due to the Respondent by August 25, 1999
Prehearing Conference September 2, 1999
Public Hearing September 17 and 24, 1999

It is so ordered, this 20th day of August, 1999.


Hon. Lisa B. Giliberto
Presiding Human Rights Referee

C:  George F. Martelon, Jr., Esq.
Cheryl A. Sharp, Assistant Commission Counsel II
Stephen J. Courtney, Esq.
Raymond P. Pech, Deputy Commission Counsel
Cynthia Watts Elder, Executive Director