LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-R01-
HB.docx
1 of 38
General Assembly Substitute Bill No. 6474
January Session, 2021
AN ACT CONCERNING CO LLATERAL EMPLOYMENT
CONSEQUENCES OF A CR IMINAL RECORD.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 46a-79 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2021): 2
The General Assembly finds that the public is best protected when 3
[criminal offenders] people who have been arrested or convicted of 4
crimes are rehabilitated and returned to society prepared to take their 5
places as productive citizens and that the ability of [returned offenders] 6
such persons to find meaningful occupations, employment, housing 7
and higher education is directly related to their normal functioning in 8
the community. The General Assembly further finds that African-9
Americans and Hispanics are targeted for arrest and incarcerated at 10
rates disproportionate to their representation in the general population 11
and that discrimination in occupations, employment, housing and 12
higher education on the basis of criminal history record information has 13
a disparate impact based on race, ancestry and national origin. It is 14
therefore the policy of this state to [encourage] prohibit all employers, 15
[to give favorable consideration to providing jobs to qualified 16
individuals, including those who may have criminal conviction records] 17
landlords and institutions of higher education from discriminating on 18
the basis of criminal history record information, except as otherwise 19
provided in this chapter. 20 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
2 of 38
Sec. 2. Section 46a-51 of the general statutes is repealed and the 21
following is substituted in lieu thereof (Effective October 1, 2021): 22
As used in section 4a-60a and this chapter: 23
(1) "Blind" refers to an individual whose central visual acuity does 24
not exceed 20/200 in the better eye with correcting lenses, or whose 25
visual acuity is greater than 20/200 but is accompanied by a limitation 26
in the fields of vision such that the widest diameter of the visual field 27
subtends an angle no greater than twenty degrees; 28
(2) "Commission" means the Commission on Human Rights and 29
Opportunities created by section 46a-52; 30
(3) "Commission legal counsel" means a member of the legal staff 31
employed by the commission pursuant to section 46a-54; 32
(4) "Commissioner" means a member of the commission; 33
(5) "Court" means the Superior Court or any judge of said court; 34
(6) "Discrimination" includes segregation and separation; 35
(7) "Discriminatory employment practice" means any discriminatory 36
practice specified in section 46a-60 or 46a-81c; 37
(8) "Discriminatory practice" means a violation of section 4a-60, 4a-38
60a, 4a-60g, 31-40y, subparagraph (C) of subdivision (15) of section 46a-39
54, subdivisions (16) and (17) of section 46a-54, section 46a-58, 46a-59, as 40
amended by this act, 46a-60, 46a-64, 46a-64c, 46a-66, 46a-68, 46a-68c to 41
46a-68f, inclusive, or 46a-70 to 46a-78, inclusive, subsection (a) of section 42
46a-80, as amended by this act, or sections 46a-81b to 46a-81o, inclusive; 43
(9) "Employee" means any person employed by an employer but shall 44
not include any individual employed by such individual's parents, 45
spouse or child; 46
(10) "Employer" includes the state and all political subdivisions 47 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
3 of 38
thereof and means any person or employer with three or more persons 48
in such person's or employer's employ; 49
(11) "Employment agency" means any person undertaking with or 50
without compensation to procure employees or opportunities to work; 51
(12) "Labor organization" means any organization which exists for the 52
purpose, in whole or in part, of collective bargaining or of dealing with 53
employers concerning grievances, terms or conditions of employment, 54
or of other mutual aid or protection in connection with employment; 55
(13) "Intellectual disability" means intellectual disability as defined in 56
section 1-1g; 57
(14) "Person" means one or more individuals, partnerships, 58
associations, corporations, limited liability companies, legal 59
representatives, trustees, trustees in bankruptcy, receivers and the state 60
and all political subdivisions and agencies thereof; 61
(15) "Physically disabled" refers to any individual who has any 62
chronic physical handicap, infirmity or impairment, whether congenital 63
or resulting from bodily injury, organic processes or changes or from 64
illness, including, but not limited to, epilepsy, deafness or being hard of 65
hearing or reliance on a wheelchair or other remedial appliance or 66
device; 67
(16) "Respondent" means any person alleged in a complaint filed 68
pursuant to section 46a-82 to have committed a discriminatory practice; 69
(17) "Discrimination on the basis of sex" includes but is not limited to 70
discrimination related to pregnancy, child-bearing capacity, 71
sterilization, fertility or related medical conditions; 72
(18) "Discrimination on the basis of religious creed" includes but is 73
not limited to discrimination related to all aspects of religious 74
observances and practice as well as belief, unless an employer 75
demonstrates that the employer is unable to reasonably accommodate 76 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
4 of 38
to an employee's or prospective employee's religious observance or 77
practice without undue hardship on the conduct of the employer's 78
business; 79
(19) "Learning disability" refers to an individual who exhibits a severe 80
discrepancy between educational performance and measured 81
intellectual ability and who exhibits a disorder in one or more of the 82
basic psychological processes involved in understanding or in using 83
language, spoken or written, which may manifest itself in a diminished 84
ability to listen, speak, read, write, spell or to do mathematical 85
calculations; 86
(20) "Mental disability" refers to an individual who has a record of, or 87
is regarded as having one or more mental disorders, as defined in the 88
most recent edition of the American Psychiatric Association's 89
"Diagnostic and Statistical Manual of Mental Disorders"; [and] 90
(21) "Gender identity or expression" means a person's gender-related 91
identity, appearance or behavior, whether or not that gender-related 92
identity, appearance or behavior is different from that traditionally 93
associated with the person's physiology or assigned sex at birth, which 94
gender-related identity can be shown by providing evidence including, 95
but not limited to, medical history, care or treatment of the gender-96
related identity, consistent and uniform assertion of the gender-related 97
identity or any other evidence that the gender-related identity is 98
sincerely held, part of a person's core identity or not being asserted for 99
an improper purpose; [.] 100
(22) "Veteran" means veteran as defined in subsection (a) of section 101
27-103; 102
(23) "Criminal history record information" means court records and 103
information obtained from the Judicial Department relating to arrests, 104
releases, detentions, indictments, information, other formal criminal 105
charges or any events and outcomes arising from those arrests, releases, 106
detentions, including pleas, trials, convictions, sentences, appeals, 107 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
5 of 38
incarcerations, correctional supervision, paroles and releases, 108
outstanding judgments and any other conviction information, as 109
defined in section 54-142g, or any records, documents and information 110
based thereon; 111
(24) "Occupational license" means any licenses, permits, certificates, 112
registrations, or other means to engage in an occupation, trade, 113
vocation, profession or business; and 114
(25) "Licensing agency" means any board, agency, department, 115
commission or other state agency that has the authority to grant or deny 116
occupational licenses. 117
Sec. 3. Section 46a-80 of the general statutes is repealed and the 118
following is substituted in lieu thereof (Effective October 1, 2021): 119
(a) Except as provided in subsection (c) of this section, subsection (b) 120
of section 46a-81, as amended by this act, and section 36a-489, and 121
notwithstanding any other provisions of law to the contrary, a person 122
shall not be disqualified from employment or discriminated against in 123
terms, conditions or privileges of employment by [the state or any of its 124
agencies] an employer, acting directly or through an agent, nor shall a 125
person be disqualified to practice, pursue or engage in any occupation, 126
trade, vocation, profession or business for which a license, permit, 127
certificate or registration is required to be issued by the state or any of 128
its agencies solely because of [a prior conviction of a crime] the person's 129
criminal history record information. 130
(b) Except for a position for which any provision of the general 131
statutes specifically disqualifies a person from employment [by the state 132
or any of its agencies] because of the person's criminal history record 133
information of a prior conviction of a crime, no employer [, as defined 134
in section 5-270,] or employment agency shall [inquire about a 135
prospective employee's past convictions until such prospective 136
employee has been deemed otherwise qualified for the position. 137
(c) A person may be denied employment by the state or any of its 138 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
6 of 38
agencies, or a person may be denied] deny employment, nor may the 139
state or any of its agencies deny a license, permit, certificate or 140
registration to pursue, practice or engage in an occupation, trade, 141
vocation, profession or business, by reason of [the prior conviction of a 142
crime if, after considering] the person's criminal history record 143
information, unless, after conducting an individualized assessment, the 144
employer or employment agency determines in good faith that denial is 145
consistent with business necessity because: (1) [the nature of the crime 146
and its relationship to the job for which the person has applied] There is 147
a substantial nexus between the circumstances of the person's criminal 148
history record information and the employment the person is seeking or 149
has, taking into account the specific facts of the criminal history record 150
information and the essential functions and specific circumstances of the 151
job; (2) [information pertaining to the degree of rehabilitation of] there 152
is substantial evidence that the [convicted] person has not been 153
rehabilitated; and (3) [the] insufficient time has elapsed since the 154
[conviction or release, the state or any of its agencies determines that the 155
applicant is not suitable for the position of employment sought or the 156
specific occupation, trade, vocation, profession or business for which the 157
license, permit, certificate or registration is sought] acts underlying the 158
criminal history record information. In making a determination under 159
subdivision (2) of this subsection, [the state or any of its agencies] an 160
employer shall give consideration to a provisional pardon issued 161
pursuant to section 54-130e, or a certificate of rehabilitation issued 162
pursuant to section 54-108f or 54-130e, and such provisional pardon or 163
certificate of rehabilitation shall establish a presumption that such 164
applicant has been rehabilitated. If an application is denied based, in 165
whole or in part, on [a conviction for which the applicant has received a 166
provisional pardon or certificate of rehabilitation] a person's criminal 167
history record information, the [state or any of its agencies, as the case 168
may be,] employer shall provide a written statement to the applicant of 169
its reasons for such denial. 170
(c) Except for a position for which any provision of the general 171
statutes specifically disqualifies a person from employment because of 172 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
7 of 38
the person's criminal history record information, no employer or 173
employment agency shall advertise employment opportunities in such 174
a manner as to restrict such employment for applicants with criminal 175
history record information. 176
(d) If [a conviction of a crime] criminal history record information is 177
used as a basis for rejection of an applicant, such rejection shall be in 178
writing and specifically state the evidence presented and reasons for 179
rejection. A copy of such rejection shall be sent by registered mail to the 180
applicant. 181
(e) In no case may records of arrest, which are not followed by a 182
conviction, or records of convictions, which have been erased, be used, 183
distributed or disseminated by the state or any of its agencies in 184
connection with an application for employment or for a permit, license, 185
certificate or registration. 186
Sec. 4. Section 46a-81 of the general statutes is repealed and the 187
following is substituted in lieu thereof (Effective October 1, 2021): 188
(a) Except as provided in section 36a-489, the provisions of sections 189
46a-79 to 46a-81, inclusive, as amended by this act, shall prevail over any 190
other provisions of law which purport to govern the denial of [licenses, 191
permits, certificates, registrations, or other means to engage in an 192
occupation, trade, vocation, business or profession,] occupational 193
licenses on the grounds of a person's criminal history record information 194
or on the grounds of lack of good moral character, or which purport to 195
govern the suspension or revocation of [a license, permit, certificate or 196
registration] an occupational license on the grounds of [conviction of a 197
crime] a person's criminal history record information. An occupational 198
license shall not be denied to any person on the basis of that person's 199
criminal history record information unless, after conducting an 200
individualized assessment, the licensing agency responsible for the 201
issuance of the occupational license determines in good faith that denial 202
is consistent with business necessity because: (1) There is a substantial 203
nexus between the circumstances of the person's criminal history record 204 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
8 of 38
information and the occupational license the person is seeking or has, 205
taking into account the specific facts of the criminal history record 206
information and the essential functions of a person holding such 207
occupational license; (2) there is substantial evidence that the person has 208
not been rehabilitated; and (3) insufficient time has elapsed since the acts 209
underlying the person's criminal history record information. In making 210
a determination under subdivision (2) of this subsection, the licensing 211
agency shall give consideration to a provisional pardon issued pursuant 212
to section 54-130e, or a certificate of rehabilitation issued pursuant to 213
section 54-108f or 54-130e, and such provisional pardon or certificate of 214
rehabilitation shall establish a presumption that such applicant has been 215
rehabilitated. If an application for an occupational license is denied 216
based, in whole or in part, on criminal history record information, the 217
licensing agency shall provide a written statement to the applicant of its 218
reasons for such denial. 219
(b) Sections 46a-79 to 46a-81, inclusive, as amended by this act, shall 220
not be applicable to any law enforcement agency, and it is not a 221
discriminatory practice for a law enforcement agency to refuse to hire 222
or employ or to bar or to discharge from employment any person or to 223
discriminate against that person in compensation or in terms, conditions 224
or privileges of employment on the basis of that person's criminal 225
history record information, provided nothing herein shall be construed 226
to preclude a law enforcement agency in its discretion from adopting 227
the [policy] policies set forth in [said sections] this section, section 7 of 228
this act and sections 46a-51, as amended by this act, 46a-74, as amended 229
by this act, 46a-79, as amended by this act, and 46a-80, as amended by 230
this act, or the recommendations made by the Council on the 231
Elimination of Occupational License Collateral Consequences pursuant 232
to section 8 of this act. 233
Sec. 5. Section 46a-59 of the general statutes is repealed and the 234
following is substituted in lieu thereof (Effective October 1, 2021): 235
(a) It shall be a discriminatory practice in violation of this section for 236
any association, board or other organization the principal purpose of 237 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
9 of 38
which is the furtherance of the professional or occupational interests of 238
its members, whose profession, trade or occupation requires a state 239
license, to refuse to accept a person as a member of such association, 240
board or organization because of [his] such person's race, national 241
origin, creed, sex, gender identity or expression, color, [or] status as a 242
veteran or criminal history record information. 243
(b) Any association, board or other organization which violates the 244
provisions of this section shall be fined not less than one hundred 245
dollars nor more than five hundred dollars. 246
Sec. 6. Section 46a-74 of the general statutes is repealed and the 247
following is substituted in lieu thereof (Effective October 1, 2021): 248
No state department, board or agency may perm it any 249
discriminatory practice in violation of section 46a-59, as amended by 250
this act, 46a-64, [or] 46a-64c or 46a-80, as amended by this act. 251
Sec. 7. (NEW) (Effective October 1, 2021) (a) To the extent that other 252
governing laws, including, but not limited to, the laws of the United 253
States, mandate that an employer discriminate on the basis of criminal 254
history record information, such other governing law is a defense to a 255
claim of discriminatory practice. 256
(b) In a civil action for the death to, injury of, or damage to a third 257
person caused by the intentional act of a person with criminal history 258
record information, any person who employs such person with criminal 259
history record information shall be presumed to have been not negligent 260
in entering into transactions mandated by relevant provisions of the 261
general statutes. 262
Sec. 8. (NEW) (Effective July 1, 2021) (a) There is established a Council 263
on the Elimination of Occupational License Collateral Consequences, 264
which shall be part of the Legislative Department. The council shall 265
identify any and all state statutes or regulations that create barriers for 266
a person to obtain an occupational license on the basis of the person's 267
criminal history record information or that otherwise conflict with 268 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
10 of 38
subsection (a) of section 46a-81 of the general statutes, as amended by 269
this act, and shall develop recommendations for amending or 270
eliminating all such state statutes or regulations to ensure compliance 271
with section 7 of this act, section 46a-51 of the general statutes, as 272
amended by this act, section 46a-74 of the general statutes, as amended 273
by this act, section 46a-79 of the general statutes, as amended by this act, 274
and section 46a-80 of the general statutes, as amended by this act. 275
(b) The council shall consist of the following members: (1) The House 276
chairperson of the joint standing committee of the General Assembly 277
having cognizance of matters relating to labor and public employees or 278
the chairperson's designee, who shall be a member of the General 279
Assembly; (2) the Senate chairperson of the joint standing committee of 280
the General Assembly having cognizance of matters relating to labor 281
and public employees, or the chairperson's designee, who shall be a 282
member of the General Assembly; (3) the House and Senate ranking 283
members of the joint standing committee of the General Assembly 284
having cognizance of matters relating to labor and public employees or 285
their designees, who shall be members of the General Assembly; (4) the 286
Labor Commissioner, or the commissioner's designee; (5) the 287
Commissioner of Consumer Protection, or the commissioner's designee; 288
(6) the executive director of the Connecticut Commission on Human 289
Rights and Opportunities, or the executive director's designee; (7) a 290
justice-impacted person, to be appointed by the House chairperson of 291
the joint standing committee of the General Assembly having 292
cognizance of matters relating to labor and public employees; (8) a 293
representative from the American Civil Liberties Union of Connecticut, 294
to be appointed by the Senate chairperson of the joint standing 295
committee of the General Assembly having cognizance of matters 296
relating to labor and public employees; and (9) a representative from the 297
Institute for Municipal and Regional Policy at Central Connecticut State 298
University, to be appointed by the House chairperson of the joint 299
standing committee of the General Assembly having cognizance of 300
matters relating to labor and public employees. 301 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
11 of 38
(c) The House and Senate chairpersons of the joint standing 302
committee of the General Assembly having cognizance of matters 303
relating to labor and public employees shall serve as the chairpersons of 304
the council. 305
(d) The chairpersons of the council shall schedule the first meeting of 306
the council, which shall be held not later than September 1, 2021. 307
Thereafter, the council shall meet upon the call of the chairpersons or 308
upon the call of a majority of the council members. 309
(e) The administrative staff of the joint standing committee of the 310
General Assembly having cognizance of matters relating to labor and 311
public employees shall serve as administrative staff of the council. 312
(f) Not later than February 1, 2022, the council shall submit a report, 313
in accordance with the provisions of section 11-4a of the general statutes, 314
on its recommendations to the joint standing committee of the General 315
Assembly having cognizance of matters relating to labor and public 316
employees. 317
Sec. 9. Subsection (a) of section 19a-14 of the general statutes is 318
repealed and the following is substituted in lieu thereof (Effective October 319
1, 2021): 320
(a) The Department of Public Health shall have the following powers 321
and duties with regard to the boards and commissions listed in 322
subsection (b) of this section which are within the Department of Public 323
Health. The department shall: 324
(1) Control the allocation, disbursement and budgeting of funds 325
appropriated to the department for the operation of the boards and 326
commissions; 327
(2) Employ and assign such personnel as the commissioner deems 328
necessary for the performance of the functions of the boards and 329
commissions; 330 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
12 of 38
(3) Perform all management functions including purchasing, 331
bookkeeping, accounting, payroll, secretarial, clerical and routine 332
housekeeping functions; 333
(4) Adopt, with the advice and assistance of the appropriate board or 334
commission, and in accordance with chapter 54, any regulations which 335
are consistent with protecting the public health and safety and which 336
are necessary to implement the purposes of this chapter and chapters 337
368v, 369 to 375, inclusive, 378 to 381, inclusive, 383 to 388, inclusive, 398 338
and 399; 339
(5) Develop and perform all administrative functions necessary to 340
process applications for licenses and certificates; 341
(6) Determine the eligibility of all applicants for permits, licensure, 342
certification or registration, based upon compliance with the general 343
statutes and administrative regulations. The department may deny the 344
eligibility of an applicant for a permit or for licensure by examination, 345
endorsement, reciprocity or for reinstatement of a license voided 346
pursuant to subsection (f) of section 19a-88, voluntarily surrendered or, 347
by agreement, not renewed or reinstated pursuant to subsection (d) of 348
section 19a-17, as amended by this act, or may issue a license pursuant 349
to a consent order containing conditions that must be met by the 350
applicant if the department determines that the applicant: 351
(A) Has failed to comply with the general statutes and administrative 352
regulations governing the applicant's profession; 353
(B) Except any applicant for licensure as an embalmer and funeral 354
director under chapter 385, a barber under chapter 386 or a hairdresser 355
and cosmetician under chapter 387, has been found guilty or convicted 356
as a result of an act which constitutes a felony under (i) the laws of this 357
state, (ii) federal law or (iii) the laws of another jurisdiction and which, 358
if committed within this state, would have constituted a felony under 359
the laws of this state; 360
(C) Is subject to a pending disciplinary action or unresolved 361 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
13 of 38
complaint before the duly authorized professional disciplinary agency 362
of any state, the District of Columbia, a United States possession or 363
territory, or a foreign jurisdiction; 364
(D) Has been subject to disciplinary action similar to an action 365
specified in subsection (a) of section 19a-17, as amended by this act, by 366
a duly authorized professional disciplinary agency of any state, the 367
District of Columbia, a United States possession or territory, or a foreign 368
jurisdiction; 369
(E) Has committed an act which, if the applicant were licensed, would 370
not conform to the accepted standards of practice of the profession, 371
including, but not limited to, incompetence, negligence, fraud or deceit; 372
illegal conduct; procuring or attempting to procure a license, certificate 373
or registration by fraud or deceit; or engaging in, aiding or abetting 374
unlicensed practice of a regulated profession, provided the 375
commissioner, or the commissioner's designee, gives notice and holds a 376
hearing, in accordance with the provisions of chapter 54, prior to 377
denying an application for a permit or a license based on this 378
subparagraph; or 379
(F) Has a condition which would interfere with the practice of the 380
applicant's profession, including, but not limited to, physical illness or 381
loss of skill or deterioration due to the aging process, emotional disorder 382
or mental illness, abuse or excessive use of drugs or alcohol, provided 383
the commissioner, or the commissioner's designee, gives notice and 384
holds a hearing in accordance with the provisions of chapter 54, prior to 385
denying an application for a permit or a license based on this 386
subparagraph; 387
(7) Administer licensing examinations under the supervision of the 388
appropriate board or commission; 389
(8) Develop and perform all administrative functions necessary to 390
process complaints against persons licensed by the department; 391
(9) Consent to the approval or disapproval by the appropriate boards 392 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
14 of 38
or commissions of schools at which educational requirements shall be 393
met; 394
(10) Conduct any necessary review, inspection or investigation 395
regarding qualifications of applicants for licenses or certificates, 396
possible violations of statutes or regulations, and disciplinary matters. 397
In connection with any investigation, the Commissioner of Public 398
Health or the commissioner's authorized agent may administer oaths, 399
issue subpoenas, compel testimony and order the production of books, 400
records and documents. If any person refuses to appear, to testify or to 401
produce any book, record or document when so ordered, a judge of the 402
Superior Court may make such order as may be appropriate to aid in 403
the enforcement of this section; 404
(11) Conduct any necessary investigation and follow-up in 405
connection with complaints regarding persons subject to regulation or 406
licensing by the department. In connection with any such investigation, 407
the department may restrict, suspend or otherwise limit the license or 408
permit of any person subject to regulation or licensing by the 409
department pursuant to an interim consent order entered during the 410
pendency of such investigation; 411
(12) With respect to any complaint filed with the department on or 412
after October 1, 2010, alleging incompetence, negligence, fraud or deceit 413
by a person subject to regulation or licensing by any board or 414
commission described in subdivision (1) to (5), inclusive, (7), (8), (12) to 415
(14), inclusive, or (16) of subsection (b) of this section: 416
(A) Upon request of the person who filed the complaint, provide such 417
person with information on the status of the complaint; 418
(B) Upon request of the person who filed the complaint, provide such 419
person with an opportunity to review, at the department, records 420
compiled as of the date of the request pursuant to any investigation of 421
the complaint, including, but not limited to, the respondent's written 422
response to the complaint, except that such person shall not be entitled 423 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
15 of 38
to copy such records and the department (i) shall not disclose (I) 424
information concerning a health care professional's referral to, 425
participation in or completion of an assistance program in accordance 426
with sections 19a-12a and 19a-12b, that is confidential pursuant to 427
section 19a-12a, (II) information not related to such person's specific 428
complaint, including, but not limited to, information concerning 429
patients other than such person, or (III) personnel or medical records 430
and similar files the disclosure of which would constitute an invasion of 431
personal privacy pursuant to section 1-210, except for such records or 432
similar files solely related to such person; (ii) shall not be required to 433
disclose any other information that is otherwise confidential pursuant 434
to federal law or state statute, except for information solely related to 435
such person; and (iii) may require up to ten business days written notice 436
prior to providing such opportunity for review; 437
(C) Prior to resolving the complaint with a consent order, provide the 438
person who filed the complaint with not less than ten business days to 439
submit a written statement as to whether such person objects to 440
resolving the complaint with a consent order; 441
(D) If a hearing is held with respect to such complaint after a finding 442
of probable cause, provide the person who filed the complaint with a 443
copy of the notice of hearing issued pursuant to section 4-177, which 444
shall include information concerning the opportunity to present oral or 445
written statements pursuant to subsection (b) of section 4-177c; and 446
(E) Notify the person who filed the complaint of the final disposition 447
of such complaint not later than seven business days after such final 448
disposition; 449
(13) Perform any other function necessary to the effective operation 450
of a board or commission and not specifically vested by statute in the 451
board or commission; 452
(14) Contract with a third party, if the commissioner deems 453
necessary, to administer licensing examinations and perform all 454 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
16 of 38
attendant administrative functions in connection with such 455
examination; and 456
(15) With respect to any investigation of a person subject to 457
regulation, licensing or certification by the department and in any 458
disciplinary proceeding regarding such person, except as required by 459
federal law: 460
(A) Not be denied access to or use of copies of patient medical records 461
on the grounds that privilege or confidentiality applies to such records; 462
and 463
(B) Not further disclose patient medical records received pursuant to 464
the provisions of this subdivision or personnel records received during 465
the course of the investigation. Patient records received pursuant to this 466
subdivision or personnel records received during the course of the 467
investigation shall not be subject to disclosure under section 1-210. 468
Sec. 10. Subsection (a) of section 19a-17 of the general statutes is 469
repealed and the following is substituted in lieu thereof (Effective October 470
1, 2021): 471
(a) Each board or commission established under chapters 369 to 376, 472
inclusive, 378 to 381, inclusive, and 383 to 388, inclusive, and the 473
Department of Public Health with respect to professions under its 474
jurisdiction that have no board or commission may take any of the 475
following actions, singly or in combination, based on conduct that 476
occurred prior or subsequent to the issuance of a permit or a license 477
upon finding the existence of good cause: 478
(1) Revoke a practitioner's license or permit; 479
(2) Suspend a practitioner's license or permit; 480
(3) Censure a practitioner or permittee; 481
(4) Issue a letter of reprimand to a practitioner or permittee; 482 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
17 of 38
(5) Restrict or otherwise limit practice to those areas prescribed by the 483
board, commission or department; 484
(6) Place a practitioner or permittee on probationary status and 485
require the practitioner or permittee to: 486
(A) Report regularly to such board, commission or department upon 487
the matters which are the basis of probation; 488
(B) Limit practice to those areas prescribed by such board, 489
commission or department; 490
(C) Continue or renew professional education until a satisfactory 491
degree of skill has been attained in those areas which are the basis for 492
the probation; 493
(7) Assess a civil penalty of up to twenty-five thousand dollars; 494
(8) In those cases involving persons or entities licensed or certified 495
pursuant to sections 20-341d, 20-435, 20-436, 20-437, 20-438, 20-475 and 496
20-476, require that restitution be made to an injured property owner; 497
or 498
(9) Summarily take any action specified in this subsection against a 499
practitioner's license or permit upon receipt of proof that such 500
practitioner has been: 501
(A) [Found] Except for a practitioner who is a social worker under 502
chapter 383b, a professional counselor under chapter 383c, an art 503
therapist under chapter 383g, a dietitian-nutritionist under chapter 504
384b, an embalmer or funeral director under chapter 385, a barber under 505
chapter 386, a hairdresser, cosmetician, esthetician, eyelash technician 506
or nail technician under chapter 387, found guilty or convicted as a 507
result of an act which constitutes a felony under (i) the laws of this state, 508
(ii) federal law, or (iii) the laws of another jurisdiction and which, if 509
committed within this state, would have constituted a felony under the 510
laws of this state; or 511 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
18 of 38
(B) Subject to disciplinary action similar to that specified in this 512
subsection by a duly authorized professional agency of any state, the 513
federal government, the District of Columbia, a United States possession 514
or territory or a foreign jurisdiction. The applicable board or 515
commission, or the department shall promptly notify the practitioner or 516
permittee that his license or permit has been summarily acted upon 517
pursuant to this subsection and shall institute formal proceedings for 518
revocation within ninety days after such notification. 519
Sec. 11. Section 20-195p of the general statutes is repealed and the 520
following is substituted in lieu thereof (Effective October 1, 2021): 521
The commissioner may take any action set forth in section 19a-17, as 522
amended by this act, if the license holder fails to conform to the accepted 523
standards of the social work profession, including, but not limited to, 524
the following: Conviction of a felony that is reasonably related to the 525
license holder's ability to safely or competently perform the duties or 526
responsibilities associated with such license; fraud or deceit in obtaining 527
or seeking reinstatement of a license to practice clinical social work; 528
fraud or deceit in the practice of social work; negligent, incompetent or 529
wrongful conduct in professional activities; emotional disorder or 530
mental illness; physical illness, including, but not limited to, 531
deterioration through the aging process; abuse or excessive use of drugs, 532
including alcohol, narcotics or chemicals; wilful falsification of entries 533
in any hospital, patient or other record pertaining to social work; 534
violation of any provision of this chapter or any regulation adopted 535
hereunder. The Commissioner of Public Health may order a license 536
holder to submit to a reasonable physical or mental examination if his 537
physical or mental capacity to practice safely is the subject of an 538
investigation. Said commissioner may petition the superior court for the 539
judicial district of Hartford to enforce such order or any action taken 540
pursuant to [said] section 19a-17, as amended by this act. Notice of any 541
contemplated action under [said] section 19a-17, as amended by this act, 542
of the cause therefor and the date of hearing thereon, shall be given and 543
an opportunity for hearing afforded as provided in the regulations 544 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
19 of 38
adopted by the commissioner. 545
Sec. 12. Section 20-195ee of the general statutes is repealed and the 546
following is substituted in lieu thereof (Effective October 1, 2021): 547
The Commissioner of Public Health may take any disciplinary action 548
set forth in section 19a-17, as amended by this act, against a professional 549
counselor or professional counselor associate for any of the following 550
reasons: (1) Failure to conform to the accepted standards of the 551
profession; (2) conviction of a felony that is reasonably related to the 552
license holder's ability to safely or competently practice professional 553
counseling; (3) fraud or deceit in obtaining or seeking reinstatement of 554
a license to practice professional counseling; (4) fraud or deceit in the 555
practice of professional counseling; (5) negligent, incompetent or 556
wrongful conduct in professional activities; (6) physical, mental or 557
emotional illness or disorder resulting in an inability to conform to the 558
accepted standards of the profession; (7) alcohol or substance abuse; (8) 559
wilful falsification of entries in any hospital, patient or other record 560
pertaining to professional counseling; or (9) violation of any provision 561
of sections 20-195aa to 20-195dd, inclusive, or any regulation adopted 562
pursuant to section 20-195ff. The commissioner may order a license 563
holder to submit to a reasonable physical or mental examination if his 564
physical or mental capacity to practice safely is the subject of an 565
investigation. The commissioner may petition the superior court for the 566
judicial district of Hartford to enforce such order or any action taken 567
pursuant to [said] section 19a-17, as amended by this act. The 568
commissioner shall give notice and an opportunity to be heard on any 569
contemplated action under [said] section 19a-17, as amended by this act. 570
Sec. 13. Section 20-195qqq of the general statutes is repealed and the 571
following is substituted in lieu thereof (Effective October 1, 2021): 572
The Commissioner of Public Health may take any disciplinary action 573
set forth in section 19a-17, as amended by this act, against an art 574
therapist for any of the following reasons: (1) Failure to conform to the 575
accepted standards of the profession; (2) conviction of a felony that is 576 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
20 of 38
reasonably related to the license holder's ability to safely or competently 577
perform the duties or responsibilities associated with such license; (3) 578
fraud or deceit in obtaining or seeking reinstatement of a license to 579
practice art therapy; (4) fraud or deceit in the practice of art therapy; (5) 580
negligent, incompetent or wrongful conduct in professional activities; 581
(6) physical, mental or emotional illness or disorder resulting in an 582
inability to conform to the accepted standards of the profession; (7) 583
alcohol or substance abuse; or (8) wilful falsification of entries in any 584
hospital, patient or other record pertaining to art therapy. The 585
commissioner may order a license holder to submit to a reasonable 586
physical or mental examination if his or her physical or mental capacity 587
to practice safely is the subject of an investigation. The commissioner 588
may petition the superior court for the judicial district of Hartford to 589
enforce such order or any action taken pursuant to section 19a-17, as 590
amended by this act. The commissioner shall give notice and an 591
opportunity to be heard on any contemplated action under section 19a-592
17, as amended by this act. 593
Sec. 14. Section 20-206s of the general statutes is repealed and the 594
following is substituted in lieu thereof (Effective October 1, 2021): 595
The department may take any action set forth in section 19a-17, as 596
amended by this act, if the certificate holder fails to conform to the 597
accepted standards of the dietitian-nutritionist profession, including, 598
but not limited to, the following: Conviction of a felony that is 599
reasonably related to the certificate holder's ability to safely or 600
competently perform the duties or responsibilities associated with such 601
certificate; fraud or deceit in professional practice; illegal conduct; 602
negligent, incompetent or wrongful conduct in professional activities; 603
emotional disorder or mental illness; physical illness including, but not 604
limited to, deterioration through the aging process; abuse or excessive 605
use of drugs, including alcohol, narcotics or chemicals; wilful 606
falsification of entries in any client or patient record; misrepresentation 607
or concealment of a material fact in the obtaining or reinstatement of a 608
dietitian-nutritionist certificate; or violation of any provision of sections 609 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
21 of 38
20-206m to 20-206t, inclusive. 610
Sec. 15. Subsection (i) of section 20-265b of the general statutes is 611
repealed and the following is substituted in lieu thereof (Effective October 612
1, 2021): 613
(i) The Commissioner of Public Health may take any disciplinary 614
action set forth in section 19a-17, as amended by this act, against an 615
esthetician for failure to conform to the accepted standards of the 616
profession, including, but not limited to: (1) Conviction of a felony that 617
is reasonably related to the license holder's ability to safely or 618
competently practice as an esthetician; (2) fraud or deceit in obtaining 619
or seeking reinstatement of a license to practice as an esthetician; (3) 620
fraud or deceit in the practice of an esthetician; (4) negligent, 621
incompetent or wrongful conduct in professional activities; (5) physical, 622
mental or emotional illness or disorder resulting in an inability to 623
conform to the accepted standards of the profession; or (6) abuse or 624
excessive use of drugs, including, alcohol, narcotics or chemicals. The 625
commissioner may order a license holder to submit to a reasonable 626
physical or mental examination if his or her physical or mental capacity 627
to practice safely is the subject of an investigation. The commissioner 628
may petition the superior court for the judicial district of Hartford to 629
enforce such order or any action taken pursuant to section 19a-17, as 630
amended by this act. The commissioner shall give notice and an 631
opportunity to be heard on any contemplated action under section 19a-632
17, as amended by this act. 633
Sec. 16. Subsection (i) of section 20-265c of the general statutes is 634
repealed and the following is substituted in lieu thereof (Effective October 635
1, 2021): 636
(i) The Commissioner of Public Health may take any disciplinary 637
action set forth in section 19a-17, as amended by this act, against an 638
eyelash technician for failure to conform to the accepted standards of 639
the profession, including, but not limited to: (1) Conviction of a felony 640
that is reasonably related to the license holder's ability to safely or 641 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
22 of 38
competently practice as an eyelash technician; (2) fraud or deceit in 642
obtaining or seeking reinstatement of a license to practice as an eyelash 643
technician; (3) fraud or deceit in the practice of an eyelash technician; (4) 644
negligent, incompetent or wrongful conduct in professional activities; 645
(5) physical, mental or emotional illness or disorder resulting in an 646
inability to conform to the accepted standards of the profession; or (6) 647
abuse or excessive use of drugs, including, alcohol, narcotics or 648
chemicals. The commissioner may order a license holder to submit to a 649
reasonable physical or mental examination if his or her physical or 650
mental capacity to practice safely is the subject of an investigation. The 651
commissioner may petition the superior court for the judicial district of 652
Hartford to enforce such order or any action taken pursuant to section 653
19a-17, as amended by this act. The commissioner shall give notice and 654
an opportunity to be heard on any contemplated action under section 655
19a-17, as amended by this act. 656
Sec. 17. Subsection (i) of section 20-265d of the general statutes is 657
repealed and the following is substituted in lieu thereof (Effective October 658
1, 2021): 659
(i) The Commissioner of Public Health may take any disciplinary 660
action set forth in section 19a-17, as amended by this act, against a nail 661
technician for failure to conform to the accepted standards of the 662
profession, including, but not limited to: (1) Conviction of a felony that 663
is reasonably related to the license holder's ability to safely or 664
competently practice as a nail technician; (2) fraud or deceit in obtaining 665
or seeking reinstatement of a license to practice as a nail technician; (3) 666
fraud or deceit in the practice of a nail technician; (4) negligent, 667
incompetent or wrongful conduct in professional activities; (5) physical, 668
mental or emotional illness or disorder resulting in an inability to 669
conform to the accepted standards of the profession; or (6) abuse or 670
excessive use of drugs, including, alcohol, narcotics or chemicals. The 671
commissioner may order a license holder to submit to a reasonable 672
physical or mental examination if his or her physical or mental capacity 673
to practice safely is the subject of an investigation. The commissioner 674 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
23 of 38
may petition the superior court for the judicial district of Hartford to 675
enforce such order or any action taken pursuant to section 19a-17, as 676
amended by this act. The commissioner shall give notice and an 677
opportunity to be heard on any contemplated action under section 19a-678
17, as amended by this act. 679
Sec. 18. Subsection (a) of section 20-281a of the general statutes is 680
repealed and the following is substituted in lieu thereof (Effective October 681
1, 2021): 682
(a) After notice and hearing pursuant to section 20-280c, the board 683
may revoke any certificate, license or permit issued under section 20-684
281c, 20-281d or 20-281e or the practice privilege of an individual who 685
qualifies under section 20-281n; suspend any such certificate, 686
registration, license, practice privilege or permit or refuse to renew any 687
such certificate, license or permit; reprimand, censure, or limit the scope 688
of practice of any licensee or individual that qualifies for the practice 689
privilege; impose a civil penalty not exceeding fifty thousand dollars 690
upon licensees, individuals who qualify for the practice privilege or 691
others violating provisions of section 20-281g or place any licensee or 692
individual that qualifies for the practice privilege on probation, all with 693
or without terms, conditions and limitations, for any one or more of the 694
following reasons: 695
(1) Fraud or deceit in obtaining a certificate, registration, license, 696
practice privilege or permit; 697
(2) Cancellation, revocation, suspension or refusal to renew authority 698
to engage in the practice of public accountancy in any other state for any 699
cause; 700
(3) Failure, on the part of a holder of a license or permit under section 701
20-281d or 20-281e, to maintain compliance with the requirements for 702
issuance or renewal of such license or permit or to report changes to the 703
board under subsection (h) of section 20-281d or subsection (f) of section 704
20-281e; 705 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
24 of 38
(4) Revocation, limitation or suspension of the right to practice before 706
any state or federal agency or the Public Company Accounting 707
Oversight Board under the Sarbanes-Oxley Act of 2002, or any of the 708
following actions taken by any such state or federal agency or said board 709
against a licensee or individual who qualifies for the practice privilege: 710
(A) Suspension of or barring a licensee from serving as a corporate 711
officer or director, (B) requiring such individual or licensee to disgorge 712
funds, or (C) suspension or barring such individual or a licensee from 713
association with a public accounting firm; 714
(5) Dishonesty, fraud or negligence in the practice of public 715
accountancy or in the filing or failure to file his own income tax returns; 716
(6) Violation of any provision of sections 20-279b to 20-281m, 717
inclusive, or regulation adopted by the board under said sections; 718
(7) Violation of any rule of professional conduct adopted by the board 719
under subdivision (4) of subsection (g) of section 20-280; 720
(8) Conviction of a felony that is reasonably related to the licensee's 721
ability to safely or competently engage in the practice of accountancy, 722
or of any crime an element of which is dishonesty or fraud, under the 723
laws of the United States, of this state, or of any other state if the acts 724
involved would have constituted a crime under the laws of this state, 725
subject to the provisions of section 46a-80; 726
(9) Performance of any fraudulent act while holding a registration, 727
certificate, license, practice privilege or permit issued under sections 20-728
279b to 20-281m, inclusive, or prior law; 729
(10) Any conduct reflecting adversely upon the licensee's fitness to 730
engage in the practice of public accountancy; and 731
(11) Violation by anyone of any provision of section 20-281g. 732
Sec. 19. Section 20-294 of the general statutes is repealed and the 733
following is substituted in lieu thereof (Effective October 1, 2021): 734 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
25 of 38
The Commissioner of Consumer Protection or the board may 735
suspend for a definite period, not to exceed one year, or revoke any 736
license or certificate of authority issued under this chapter, after notice 737
and hearing in accordance with the regulations adopted by the 738
Commissioner of Consumer Protection, or may officially censure any 739
person holding any such license or certificate of authority and may 740
assess a civil penalty of up to one thousand dollars per violation, (1) if it 741
is shown that the license or certificate was obtained through fraud or 742
misrepresentation, (2) if the holder of the license or certificate has been 743
found guilty by the board, the commissioner or by a court of competent 744
jurisdiction of any fraud or deceit in such holder's professional practice 745
or has been convicted of a felony that is reasonably related to the 746
holder's ability to safely or competently perform the duties or 747
responsibilities associated with such license or certificate, (3) if the 748
holder of the license or certificate has been found guilty by the board or 749
the commissioner of gross incompetency or of negligence in the 750
planning or construction of buildings, or (4) if it is shown to the 751
satisfaction of the board or the commissioner that the holder of the 752
license or certificate has violated any provision of this chapter or any 753
regulation adopted under this chapter. Any such suspension or 754
revocation of a license or certificate by the board shall be a proposed 755
final decision and submitted to the commissioner in accordance with the 756
provisions of subsection (b) of section 21a-7. The board or the 757
commissioner may reissue any such license or certificate which has been 758
revoked, and may modify the suspension of any such license or 759
certificate which has been suspended. 760
Sec. 20. Subsection (c) of section 20-334 of the general statutes is 761
repealed and the following is substituted in lieu thereof (Effective October 762
1, 2021): 763
(c) The Commissioner of Consumer Protection and each board 764
established under section 20-331 may suspend or revoke any license or 765
certificate granted or issued by it under this chapter if the holder of such 766
license or certificate (1) is convicted of a felony that is reasonably related 767 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
26 of 38
to the holder's ability to safely or competently perform the duties or 768
responsibilities associated with such license or certificate, (2) is grossly 769
incompetent, (3) engages in malpractice or unethical conduct or 770
knowingly makes false, misleading or deceptive representations 771
regarding his or her work, or (4) violates the regulations adopted under 772
this chapter. Before any such license is suspended or revoked, such 773
holder shall be given notice and opportunity for hearing as provided in 774
regulations adopted by the Commissioner of Consumer Protection. Any 775
person whose license has been suspended or revoked may, after ninety 776
days, apply to the board to have such license reinstated. Any such 777
suspension or revocation of a license or certification by the board shall 778
be a proposed final decision and submitted to the commissioner in 779
accordance with the provisions of subsection (b) of section 21a-7. 780
Sec. 21. Subsection (b) of section 20-341gg of the general statutes is 781
repealed and the following is substituted in lieu thereof (Effective October 782
1, 2021): 783
(b) No person shall engage in or offer to perform the work of any 784
major contractor in this state on any proposed structure or existing 785
structure or addition that exceeds the threshold limits contained in 786
section 29-276b unless such person has first obtained a license or 787
certificate of registration as required under the provisions of chapter 539 788
or a registration from the Department of Consumer Protection in 789
accordance with the provisions of this section. Individuals licensed 790
under chapter 393 shall be exempt from the provisions of this chapter 791
while engaging in work that they are licensed to perform. The 792
department shall issue a certificate of registration to any person who is 793
prequalified pursuant to section 4a-100 who applies for registration in 794
accordance with this section. Such prequalified person shall not be 795
required to pay a fee for such registration at any time that the person 796
maintains valid prequalification. If the individual or the firm, company, 797
partnership or corporation employing such individual is engaged in 798
work on a structure or addition that exceeds the threshold limits 799
contained in section 29-276b and requires licensure under chapter 393, 800 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
27 of 38
the firm, company, partnership or corporation shall be exempt from the 801
provisions of this chapter concerning registration of major contractors, 802
if the firm, company, partnership or corporation employs an individual 803
who is licensed as a contractor under chapter 393 to perform such work. 804
The department shall furnish to each qualified applicant a registration 805
certifying that the holder of such registration is entitled to engage in the 806
work for which the person has been issued a registration under this 807
subsection, and the holder of such registration shall carry it on his 808
person while engaging in such work. Such registration shall be shown 809
to any properly interested person upon request. No such registration 810
shall be transferred to or used by any person other than the person to 811
whom the registration was issued. The department shall maintain 812
rosters of registrants and shall update such rosters annually. The 813
department may provide copies of rosters to the public for an 814
appropriate fee. The department may suspend or revoke any 815
registration issued by the department if the holder of such registration 816
is convicted of a felony that is reasonably related to the holder's ability 817
to safely or competently perform work under such registration, is 818
grossly incompetent, is disqualified, pursuant to section 4a-100 or 819
whose prequalification certificate has been revoked pursuant to section 820
4a-100, engages in malpractice or unethical conduct or knowingly 821
makes false, misleading or deceptive representations regarding his 822
work or violates any regulation adopted under subsection (c) of this 823
section. Before any registration is suspended or revoked, such holder 824
shall be given notice and an opportunity for hearing as provided in 825
regulations adopted under subsection (c) of this section. The 826
Commissioner of Consumer Protection shall provide written notice of 827
any suspension or revocation of a registration to the Commissioner of 828
Administrative Services not later than ten days after such suspension or 829
revocation. 830
Sec. 22. Section 20-363 of the general statutes is repealed and the 831
following is substituted in lieu thereof (Effective October 1, 2021): 832
The commissioner may refuse to issue or renew or may suspend or 833 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
28 of 38
revoke a license or take any of the actions set forth in section 19a-17, as 834
amended by this act, upon proof that the applicant or license holder (1) 835
has employed or knowingly cooperated in fraud or material deception 836
in order to obtain a license or has engaged in fraud or material deception 837
in the course of professional services or activities at any place; (2) has 838
been guilty of illegal, incompetent or negligent conduct in his or her 839
practice; (3) has violated any provision of this chapter or any regulation 840
adopted under this chapter; (4) has been found guilty or convicted as a 841
result of an act which constitutes a felony under (A) the laws of this 842
state, (B) federal law, or (C) the laws of another jurisdiction and which, 843
if committed within this state, would have constituted a felony under 844
the laws of this state, provided such felony is reasonably related to the 845
applicant's or holder's ability to safely or competently perform work 846
under such license; or (5) has been subject to disciplinary action similar 847
to that specified in section 19a-17, as amended by this act, by a duly 848
authorized professional disciplinary agency of any state, the District of 849
Columbia, a United States possession or territory, or a foreign 850
jurisdiction. The commissioner may petition the superior court for the 851
judicial district of Hartford to enforce any action taken pursuant to 852
section 19a-17, as amended by this act. Before the commissioner may 853
suspend, revoke or refuse to renew a license or take such other action, 854
the commissioner shall give the applicant or license holder notice and 855
opportunity for hearing as provided in the regulations adopted by the 856
commissioner. 857
Sec. 23. Section 20-442a of the general statutes is repealed and the 858
following is substituted in lieu thereof (Effective October 1, 2021): 859
The department may take any action set forth in section 19a-17, as 860
amended by this act, and subsection (f) of section 19a-88 against a 861
person or entity licensed or certified pursuant to chapter 400a for 862
reasons including, but not limited to, the following: (1) Conviction of a 863
felony that is reasonably related to the person's or entity's ability to 864
safely or competently perform professional activities under such license 865
or certificate; (2) fraud or deceit in the practice of such person's or 866 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
29 of 38
entity's profession; (3) negligent, incompetent or wrongful conduct in 867
professional activities; (4) misrepresentation or concealment of a 868
material fact in the obtaining, reinstatement or renewal of a license or 869
certificate; or (5) violation of any provision of chapter 400a, or any 870
regulation adopted thereunder. The commissioner may petition the 871
superior court for the judicial district of Hartford to enforce such order 872
or any action taken pursuant to section 19a-17, as amended by this act. 873
Notice of any contemplated action under section 19a-17, as amended by 874
this act, the cause of action and the date of a hearing on the action shall 875
be given and an opportunity for hearing afforded in accordance with 876
the provisions of chapter 54. 877
Sec. 24. Section 20-481 of the general statutes is repealed and the 878
following is substituted in lieu thereof (Effective October 1, 2021): 879
The department may take any action set forth in section 19a-17, as 880
amended by this act, against a person or entity issued a license or 881
certificate pursuant to sections 20-474 to 20-482, inclusive, and 882
subsections (e) and (f) of section 19a-88 for reasons including, but not 883
limited to, the following: Conviction of a felony that is reasonably 884
related to the person's or entity's ability to safely or competently 885
perform professional activities under such license or certificate; fraud or 886
deceit in the practice of his profession; negligent, incompetent or 887
wrongful conduct in professional activities; misrepresentation or 888
concealment of a material fact in the obtaining, reinstatement or renewal 889
of a license; or violation of any provision of sections 20-474 to 20-482, 890
inclusive, and subsections (e) and (f) of section 19a-88 or any regulation 891
adopted thereunder. The commissioner may petition the superior court 892
for the judicial district of Hartford to enforce such order or any action 893
taken pursuant to [said] section 19a-17, as amended by this act. Notice 894
of any contemplated action under [said] section 19a-17, as amended by 895
this act, the cause of action and the date of a hearing on the action shall 896
be given and an opportunity for hearing afforded in accordance with 897
the provisions of chapter 54. 898
Sec. 25. Subsection (i) of section 20-540 of the general statutes is 899 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
30 of 38
repealed and the following is substituted in lieu thereof (Effective October 900
1, 2021): 901
(i) The Department of Consumer Protection may suspend or revoke 902
a certificate granted or issued by it pursuant to this section if the holder 903
of such certificate is convicted of a felony that is reasonably related to 904
the holder's ability to safely or competently perform work under such 905
certificate, is grossly incompetent, engages in malpractice or unethical 906
conduct or knowingly makes false, misleading or deceptive 907
representations regarding his work. Prior to such suspension or 908
revocation, such holder shall be given notice and an opportunity for 909
hearing as provided in regulations adopted by the Commissioner of 910
Consumer Protection. Any person whose certificate has been suspended 911
may, after ninety days, apply to the department to have such certificate 912
reinstated. 913
Sec. 26. Subsection (a) of section 22a-66e of the general statutes is 914
repealed and the following is substituted in lieu thereof (Effective October 915
1, 2021): 916
(a) The grounds for denial, revocation or suspension of a registration 917
shall include, but not be limited to: 918
(1) Violation of any provision of this chapter, as amended, or any 919
regulation, permit, certificate, registration or order adopted, 920
administered or issued pursuant thereto; 921
(2) Inclusion of false or misleading information in an application or 922
failure to notify the commissioner of a change as required by section 923
22a-66c; 924
(3) Inclusion of false or misleading information in records required to 925
be maintained pursuant to section 22a-66g, the failure to maintain such 926
records, or the failure to provide the commissioner with the records 927
required by said section; 928
(4) Use of a pesticide in a manner inconsistent with the registered 929 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
31 of 38
labeling or with state or federal restrictions on the use of such pesticide; 930
(5) Application of pesticides generally known in the trade to be 931
ineffective or improper for the intended use; 932
(6) Operation of faulty or unsafe equipment which may result in 933
improper application or harm to the environment, the applicator or 934
others from the pesticide; 935
(7) Application of a pesticide in a faulty, careless or negligent manner; 936
(8) Aiding or abetting a certified or uncertified person to evade the 937
provisions of this chapter, as amended, or any regulation, permit, 938
certificate, registration or order adopted, administered or issued 939
pursuant thereto; 940
(9) The making of a false or misleading statement during an 941
inspection or investigation concerning an infestation of pests, an 942
accident in applying a pesticide, misuse of a pesticide, or violation of a 943
statute, regulation, certificate, registration or order; 944
(10) The performance of work, whether or not for compensation, in a 945
category for which the applicator is not certified; and 946
(11) The conviction of the applicant or owner of a pesticide 947
application business of a felony, as defined in section 53a-25, that is 948
reasonably related to the applicant's or owner's ability to safely or 949
competently perform work under such registration. 950
Sec. 27. Subsection (c) of section 23-61i of the general statutes is 951
repealed and the following is substituted in lieu thereof (Effective October 952
1, 2021): 953
(c) The grounds for denial, revocation or suspension of a certificate of 954
registration shall include the following: 955
(1) Violation of any provision of this chapter or chapter 441 or any 956
regulation, permit, certificate, registration or order adopted, issued or 957 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
32 of 38
administered or issued pursuant to this chapter and chapter 441; 958
(2) Inclusion of false or misleading information in an application or 959
the failure to notify the commissioner of a change, as required by section 960
23-61h; 961
(3) Inclusion of false or misleading information in records required to 962
be maintained pursuant to section 23-61k, or the failure to maintain such 963
records or provide the commissioner with the records required by 964
section 23-61k; 965
(4) Use of a pesticide in a manner inconsistent with the registered 966
labeling or with state or federal restrictions on the use of such pesticide; 967
(5) Application of pesticides generally known in the trade to be 968
ineffective or improper for the intended use; 969
(6) Operation of faulty or unsafe equipment which may result in 970
improper pesticide application or harm to the environment, a worker or 971
other persons; 972
(7) Application of a pesticide or performance of arboriculture in a 973
faulty, careless or negligent manner; 974
(8) Aiding or abetting a licensed or unlicensed person to evade the 975
provisions of this chapter or chapter 441 or any regulation, permit, 976
certificate, registration or order adopted, issued or administered 977
pursuant to this chapter and chapter 441; 978
(9) The making of a false or misleading statement during an 979
inspection or investigation concerning an infestation of pests, an 980
accident in applying a pesticide, misuse of a pesticide, or violation of a 981
statute, regulation, certificate, registration or order; 982
(10) The performance of arboriculture which does not meet generally 983
accepted industry standards; 984
(11) The performance of work, whether or not for compensation, in a 985 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
33 of 38
category for which the arborist is not certified; and 986
(12) The conviction of the applicant of a felony, as defined in section 987
53a-25, that is reasonably related to the applicant's ability to safely or 988
competently perform work under such certification. 989
Sec. 28. Section 29-158 of the general statutes is repealed and the 990
following is substituted in lieu thereof (Effective October 1, 2021): 991
Any license or registration issued under the provisions of sections 29-992
153 to 29-161, inclusive, may be suspended or revoked by the 993
commissioner, after giving notice and an opportunity to be heard to the 994
licensee or registrant when the commissioner finds that the licensee or 995
registrant has: (1) Violated any of the terms or provisions of sections 29-996
153 to 29-161, inclusive, or any of the regulations adopted thereunder; 997
(2) practiced fraud, deceit or misrepresentation in dealing with the 998
clients of the licensee or registrant; (3) made a material misstatement in 999
the application for issuance of such license or registration, or, in the case 1000
of a licensee, in the application for renewal of such license; (4) 1001
demonstrated incompetence or untrustworthiness in the conduct of the 1002
business; or (5) been convicted of a felony or other crime involving 1003
moral turpitude, that is reasonably related to the licensee's or 1004
registrant's ability to safely or competently perform work under such 1005
license or registration. If the licensee or registrant has been convicted 1006
under section 53a-61 or 53a-62, the commissioner shall consider the facts 1007
and circumstances surrounding such conviction prior to suspending or 1008
revoking the license or registration. Any party aggrieved by an order of 1009
the commissioner under the provisions of this section may appeal 1010
therefrom in accordance with the provisions of section 4-183, except the 1011
venue for such appeal shall be the judicial district of New Britain. 1012
Sec. 29. Section 29-161v of the general statutes is repealed and the 1013
following is substituted in lieu thereof (Effective October 1, 2021): 1014
Any license for a security service or security officer or approval as a 1015
security officer instructor may be suspended or revoked by the 1016 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
34 of 38
Commissioner of Emergency Services and Public Protection, provided 1017
notice shall have been given to the licensee or instructor to appear before 1018
the commissioner to show cause why the license or approval should not 1019
be suspended or revoked, upon a finding by the commissioner that: (1) 1020
The licensee has violated any of the terms or provisions of sections 29-1021
161g to 29-161x, inclusive, or in the case of an instructor, section 29-161q, 1022
or any of the regulations adopted pursuant to section 29-161x; (2) the 1023
licensee or instructor has practiced fraud, deceit or misrepresentation; 1024
(3) the licensee or instructor has made a material misstatement in the 1025
application for issuance or renewal of the license or approval; (4) the 1026
licensee or instructor has demonstrated incompetence or 1027
untrustworthiness in the conduct of the business; or (5) the licensee or 1028
instructor has been convicted of a felony that is reasonably related to the 1029
licensee's or instructor's ability to safely or competently perform work 1030
under such license approval or [other] a crime affecting the licensee's or 1031
instructor's honesty [,] or integrity. [or moral fitness.] Any party 1032
aggrieved by an order of the commissioner under this section may 1033
appeal therefrom in accordance with the provisions of section 4-183, 1034
except the venue for such appeal shall be the judicial district of New 1035
Britain. 1036
Sec. 30. Subsection (a) of section 30-47 of the general statutes is 1037
repealed and the following is substituted in lieu thereof (Effective October 1038
1, 2021): 1039
(a) The Department of Consumer Protection may, in its discretion, 1040
suspend, revoke or refuse to grant or renew a permit for the sale of 1041
alcoholic liquor if it has reasonable cause to believe: (1) That the 1042
applicant or permittee appears to be financially irresponsible or neglects 1043
to provide for his family, or neglects or is unable to pay his just debts; 1044
(2) that the applicant or permittee has been provided with funds by any 1045
wholesaler or manufacturer or has any forbidden connection with any 1046
other class of permittee as provided in this chapter; (3) that the applicant 1047
or permittee is in the habit of using alcoholic beverages to excess; (4) that 1048
the applicant or permittee has wilfully made any false statement to the 1049 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
35 of 38
department in a material matter; (5) that the applicant or permittee has 1050
been convicted of violating any of the liquor laws of this or any other 1051
state or the liquor laws of the United States or has been convicted of a 1052
felony, as such term is defined in section 53a-25, that is reasonably 1053
related to the holder's ability to safely or competently perform the duties 1054
associated with such permit, or has such a criminal record that the 1055
department reasonably believes he is not a suitable person to hold a 1056
permit, provided no refusal shall be rendered under this subdivision 1057
except in accordance with the provisions of sections 46a-80 and 46a-81, 1058
as amended by this act; (6) that the applicant or permittee has not been 1059
delegated full authority and control of the permit premises and of the 1060
conduct of all business on such premises; or (7) that the applicant or 1061
permittee has violated any provision of this chapter or any regulation 1062
adopted under this chapter. Any backer shall be subject to the same 1063
disqualifications as provided in this section in the case of an applicant 1064
for a permit or a permittee. 1065
Sec. 31. Section 20-333 of the general statutes is repealed and the 1066
following is substituted in lieu thereof (Effective October 1, 2021): 1067
(a) To obtain a license under this chapter, an applicant shall have 1068
attained such applicant's eighteenth birthday and shall furnish such 1069
evidence of competency as the appropriate board or the Commissioner 1070
of Consumer Protection shall require. A recommendation for review 1071
issued pursuant to section 31-22u shall be sufficient to demonstrate such 1072
competency. The applicant shall satisfy such board or the commissioner 1073
that such applicant [is of good moral character,] possesses a diploma or 1074
other evidence of graduation from the eighth grade of grammar school, 1075
or possesses an equivalent education to be determined on examination 1076
and has the requisite skill to perform the work in the trade for which 1077
such applicant is applying for a license and can comply with all other 1078
requirements of this chapter and the regulations adopted under this 1079
chapter. A recommendation for review issued pursuant to section 31-1080
22u shall be sufficient to demonstrate that an applicant possesses such 1081
requisite skill and can comply with all other requirements of this chapter 1082 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
36 of 38
and the regulations adopted under this chapter. For any application 1083
submitted pursuant to this section that requires a hearing or other action 1084
by the applicable examining board or the commissioner, such hearing 1085
or other action by the applicable examining board or the commissioner 1086
shall occur not later than thirty days after the date of submission for 1087
such application. Upon application for any such license, the applicant 1088
shall pay to the department a nonrefundable application fee of ninety 1089
dollars for a license under subdivisions (2) and (3) of subsection (a) and 1090
subdivision (4) of subsection (e) of section 20-334a, or a nonrefundable 1091
application fee of one hundred fifty dollars for a license under 1092
subdivision (1) of subsection (a), subdivisions (1) and (2) of subsection 1093
(b), subdivision (1) of subsection (c) and subdivisions (1), (2) and (3) of 1094
subsection (e) of section 20-334a. Any such application fee shall be 1095
waived for persons who present a recommendation for review issued 1096
pursuant to section 31-22u. 1097
(b) The department shall conduct such written, oral and practical 1098
examinations as the appropriate board, with the consent of the 1099
commissioner, deems necessary to test the knowledge of the applicant 1100
in the work for which a license is being sought. The department shall 1101
allow any applicant, who has not participated in an apprenticeship 1102
program but presents a recommendation for review issued pursuant to 1103
section 31-22u, to sit for any such examination. Any person completing 1104
the required apprentice training program for a journeyman's license 1105
under section 20-334a shall, within thirty days following such 1106
completion, apply for a licensure examination given by the department. 1107
If an applicant does not pass such licensure examination, the 1108
commissioner shall provide each failed applicant with information on 1109
how to retake the examination and a report describing the applicant's 1110
strengths and weaknesses in such examination. Any apprentice permit 1111
issued under section 20-334a to an applicant who fails three licensure 1112
examinations in any one-year period shall remain in effect if such 1113
applicant applies for and takes the first licensure examination given by 1114
the department following the one-year period from the date of such 1115
applicant's third and last unsuccessful licensure examination. 1116 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
37 of 38
Otherwise, such permit shall be revoked as of the date of the first 1117
examination given by the department following expiration of such 1118
one-year period. 1119
(c) The Commissioner of Consumer Protection, subject to section 46a-1120
80, as amended by this act, may issue a license pursuant to a consent 1121
order containing conditions that shall be met by the applicant if the 1122
applicant reports that he or she has been found guilty or convicted as a 1123
result of an act which (1) constitutes a felony under (A) the laws of this 1124
state at the time of application for such license, (B) federal law at the 1125
time of application for such license, or (C) the laws of another 1126
jurisdiction, and which, if committed within this state, would constitute 1127
a felony under the laws of this state, and (2) is reasonably related to the 1128
applicant's ability to safely or competently perform the duties or 1129
responsibilities associated with such license. 1130
[(c)] (d) When an applicant has qualified for a license, the department 1131
shall, upon receipt of the license fee or upon waiver of such fee pursuant 1132
to section 20-335, issue to such applicant a license entitling such 1133
applicant to engage in the work or occupation for which a license was 1134
sought and shall register each successful applicant's name and address 1135
in the roster of licensed persons authorized to engage in the work or 1136
occupation within the appropriate board's authority. All fees and other 1137
moneys collected by the department shall be promptly transmitted to 1138
the State Treasurer as provided in section 4-32. 1139
Sec. 32. (NEW) (Effective October 1, 2021) The Departments of 1140
Administrative Services, Agriculture, Consumer Protection, Correction, 1141
Emergency Services and Public Protection and Public Health, the Labor 1142
Department, and the Office of Early Childhood shall, not later than 1143
January 1, 2022, report to the Secretary of the Office of Policy and 1144
Management on (1) the number of employees that perform background 1145
checks related to the agency's licensing functions, the job classifications 1146
of such employees and the type or level of clearance of the background 1147
checks that are being performed, (2) the number of hours each such 1148
employee spends on average per week performing background checks, 1149 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
38 of 39
(3) for any licenses in which some education or training is required of 1150
the applicant prior to obtaining a license, the feasibility of establishing a 1151
preclearance assessment of criminal history prior to potential applicants 1152
beginning such education or training, and (4) the feasibility of 1153
centralizing and standardizing background checks performed by state 1154
agencies and an assessment of any related issues of delegation of 1155
authority by such agencies. 1156
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 46a-79
Sec. 2 October 1, 2021 46a-51
Sec. 3 October 1, 2021 46a-80
Sec. 4 October 1, 2021 46a-81
Sec. 5 October 1, 2021 46a-59
Sec. 6 October 1, 2021 46a-74
Sec. 7 October 1, 2021 New section
Sec. 8 July 1, 2021 New section
Sec. 9 October 1, 2021 19a-14(a)
Sec. 10 October 1, 2021 19a-17(a)
Sec. 11 October 1, 2021 20-195p
Sec. 12 October 1, 2021 20-195ee
Sec. 13 October 1, 2021 20-195qqq
Sec. 14 October 1, 2021 20-206s
Sec. 15 October 1, 2021 20-265b(i)
Sec. 16 October 1, 2021 20-265c(i)
Sec. 17 October 1, 2021 20-265d(i)
Sec. 18 October 1, 2021 20-281a(a)
Sec. 19 October 1, 2021 20-294
Sec. 20 October 1, 2021 20-334(c)
Sec. 21 October 1, 2021 20-341gg(b)
Sec. 22 October 1, 2021 20-363
Sec. 23 October 1, 2021 20-442a
Sec. 24 October 1, 2021 20-481
Sec. 25 October 1, 2021 20-540(i)
Sec. 26 October 1, 2021 22a-66e(a)
Sec. 27 October 1, 2021 23-61i(c)
Sec. 28 October 1, 2021 29-158 Substitute Bill No. 6474
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06474-
R01-HB.docx }
39 of 39
Sec. 29 October 1, 2021 29-161v
Sec. 30 October 1, 2021 30-47(a)
Sec. 31 October 1, 2021 20-333
Sec. 32 October 1, 2021 New section
Statement of Legislative Commissioners:
In Sections 3(b)(2) and 4(a)(2), "with criminal history record
information" was deleted for consistency with standard drafting
conventions; Section 4(b) was rewritten for accuracy and clarity; in
Section 8(a), "and other state governing law" was deleted for consistency
with standard drafting conventions; in Section 8(b), "at Central
Connecticut State University" was added after "Policy" for accuracy and
clarity; in Section 8(d), "sixty days after the effective date of this section"
was changed to "September 1, 2021" for clarity and consistency with
standard drafting conventions; and in Section 32, "within ninety days"
was changed to "not later than January 1, 2022" for clarity and the last
sentence was rewritten and designated as Subdiv. (4).
LAB Joint Favorable Subst.