Page 280

House Bill No. 5506

Public Act No. 22-118 280 of 739

exists for the late filing. Upon receipt of any such complaint, the commissioner, or the commissioner's designee, shall conduct an investigation and make a finding regarding jurisdiction and whether a violation of this section has occurred. (2) If the commissioner or designee finds the Labor Department has no jurisdiction or that no violation of this section has occurred, the commissioner or designee shall dismiss the complaint and issue a release of jurisdiction allowing the complainant to bring a civil action in the Superior Court. Any action brought by the complainant in accordance with this subdivision shall be brought not later than ninety calendar days after the date of the release of the decision from the commissioner or designee. The employee may be awarded all appropriate relief, including rehiring or reinstatement to the employee's previous job, payment of back wages and reestablishment of employee benefits to which the employee otherwise would have been eligible if a violation of this subsection had not occurred. (3) If the commissioner or designee finds that the Labor Department has jurisdiction and that a violation of this section has occurred, the commissioner or designee may, in the commissioner's or designee's sole discretion, require the parties to participate in a mandatory settlement conference and, in the absence of a settlement, a hearing officer designated by the commissioner or designee shall hold a hearing and render a final decision. (4) The designated hearing officer may award the employee all appropriate relief, including rehiring or reinstatement to the employee's previous job, payment of back wages and reestablishment of employee benefits to which the employee otherwise would have been eligible if a violation of this section had not occurred. Any party aggrieved by the decision of the designated hearing officer may appeal the decision to the Superior Court in accordance with the provisions of chapter 54.