Connecticut Administrative Code
Title 27 - Armed Forces and Veterans
102ld - Administration, Programs, and Patient Rights and Obligations
Article I - GENERAL
Part C - Rules of Practice
Section 27-102l(d)-54 - Petition and complaint procedure

Universal Citation: CT Reg of State Agencies 27-102l(d)-54

Current through September 9, 2024

(a) Any applicant, resident, veteran, program participant, or his personal representative may file a petition whenever he has cause to believe he is aggrieved by a proposed agency decision and said decision cannot be made prior to an opportunity for a hearing:

(1) A petition may be in writing with the original signed by the petitioner and filed with the Commissioner,

(2) If a petitioner is not able to or capable of filing a written petition, the petitioner may verbally petition any employee or volunteer, with the exception of a veteran worker. The employee or volunteer shall reduce the request to writing and forward it to the Commissioner who shall take necessary measures to ensure the petition reflects the desire of the petitioner, including appointing a temporary advocate, or seeking appointment of a personal representative to follow through on any resulting hearing or informal conference. Any veteran worker shall inform his supervisor of any complaint he received under this section.

(b) The department may file a complaint against any resident, veteran or program participant when it believes that the person has violated one or more rules or regulations:

(1) A complaint shall be in writing, signed by the Commissioner or his designee and given to the resident or program participant and his representative, if applicable,

(2) If the Commissioner, or his designee, determines that the veteran is not able to or capable of responding to the complaint, the Commissioner may appoint a temporary advocate, or seek appointment of a personal representative, to respond to the complaint.

(c) A petition or a complaint should contain the following:

(1) The full name and address of the petitioner or complainant,

(2) The full name and address of the respondent,

(3) A reference to the section of the statute, regulation or rule alleged to have been violated by the respondent.

(4) A plain and simple statement of the facts, events or actions on which the filing is based,

(5) The date or time of the alleged violation or decision, if known,

(6) The location or place of violation or decision, if pertinent to the action, and

(7) Any other information necessary to inform the respondent about the general nature of the issue or issues involved in accordance with the requirements this section.

(d) In addition, a complaint filed by the department shall:

(1) State the proposed agency decision or the final agency decision as applicable, and

(2) Give notice to the respondent that he may be represented by legal counsel, if he so chooses.

(e) If known to the petitioner or complainant, the filing should indicate whether an informal conference or hearing was requested.

(f) The Commissioner may take no action on a filing that is deficient so as to present no justiciable issue or is anonymous, if after a reasonable effort to investigate he determines no benefit would be derived for any veteran, or the agency in pursuing the matter.

(g) A petition may be filed by personal delivery, regular, certified, or registered mail addressed to the Commissioner. A complaint may be filed by personal delivery, regular, certified, or registered mail addressed to the resident or program participant and his representative, if applicable. A complaint shall be filed with the Commissioner, if signed by any party other than the Commissioner.

(h) A resident or program participant shall file a petition within thirty days (30) of the date of the final or proposed agency decision in order to be eligible for a hearing on that matter or an informal conference.

(i) Any part of a petition or complaint may be withdrawn with the consent of the Commissioner upon such conditions as he may deem proper.

(j) The department may proceed with a hearing even if the resident leaves the home, or the participant terminates participation in a program, prior to commencing or completing the hearing or issuance of a hearing decision or final agency decision.

(k) The parties may resolve a petition or complaint by agreement.

(l) If a veteran fails to appear at a formally noticed hearing, the Commissioner may dismiss the petition or hold the hearing without the presence of the petitioner.

Disclaimer: These regulations may not be the most recent version. Connecticut may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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