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)-57 - Post investigation pre-hearing procedures

Current through September 9, 2024

(a) Upon the completion of any investigation or review of a petition or a complaint, the Commissioner may grant an informal conference or a hearing, except the Commissioner shall grant a hearing where required by law to provide an opportunity for a hearing prior to making an final decision.

(b) Notwithstanding subsection (a) of this section, the department may provide a respondent opportunity for an informal conference prior to implementing or taking a proposed agency action, except as provided in Section 27-102 l(d)-56. During the conference, the Department shall:

(1) Explain the proposed action,

(2) Summarize the factual basis for the proposed action,

(3) Specify the rule or regulation allegedly violated, and

(4) Allow the veteran an opportunity to present reasons why the proposed action should not be taken and offer evidence as to any material fact.

(c) The Commissioner may at his discretion designate a presiding officer for the purpose of conducting an informal conference or a hearing on a petition or complaint as provided herein.

(1) A presiding officer shall submit a proposed final agency decision to the Commissioner.

(2) Following an opportunity for a hearing or when a hearing is in fact held in a contested case during which the Commissioner is not the presiding officer, the final agency decision shall be made by the Commissioner based upon the record of the hearing.

(3) Following an informal conference, the final agency decision shall be made by the Commissioner or designee based on information available, including any report prepared by a presiding officer.

(d) If the Commissioner or his designee elects to hold an informal conference, the notice shall be in writing and the time and place for said conference shall be set. The notice shall set forth the issue or decision to be the subject of said conference.

(e) The decision of the agency following an informal conference shall be in writing and indicate what specific action the agency may or may not take, permit or order.

(1) If appropriate, the decision shall set forth specific dates on issues or actions subject to said conference,

(2) The agency decision following an informal conference may not constitute a contested case as defined in subsection (2) of Section 4-166 of the general statutes, as they may be amended from time to time. No right of appeal exists under subsection (c) in Section 4-183 of the Connecticut General Statutes.

(f) In a contested case, the notice of hearing shall comply with the provisions of section 4-177(a) of the Connecticut General Statutes and include:

(1) Notice of right to be represented by counsel,

(2) Notice of time within which a response shall be filed,

(3) Notice of whether the hearing shall be conducted by the Commissioner or a presiding officer, and

(4) A plain statement of the issue or issues to be heard during the hearing, including reference to specific statutory or regulatory authorities allegedly violated.

(g) In the event the agency files a complaint, the respondent's answer shall be in writing, signed by the respondent, his representative, or his attorney, and shall be filed with the Commissioner seven (7) days prior to the hearing, or during the hearing if the hearing is held sooner.

(h) Answers to a petition shall be filed no less than seven (7) days prior to the hearing unless otherwise provided by the regulations of Connecticut state agencies or by consent of the parties. If the agency cannot fully answer all issues raised in a petition, the agency may so state and provide such an answer following an investigation.

(i) An answer by the respondent shall contain:

(1) A specific denial, admission, or denial of any knowledge sufficient to form a belief of each and every allegation of the petition or complaint,

(2) A statement of any facts or claims which may constitute a defense,

(3) The mailing address of the respondent, if other than the Veterans' Home and Hospital,

(4) The name, address and telephone number of the respondent's attorney, if any, and

(5) The signature of the respondent or his attorney.

(j) The failure to file an answer or respond to a portion of a complaint may be considered an admission by the party who failed to comply with subsection (i) of this section.

(k) The answer may be filed by personal delivery or by mail addressed to the Commissioner and all other persons designated by the Commissioner or his designee. Answers shall also be filed with the presiding officer, if known.

(l) The presiding officer shall proceed with the hearing at the time and the place specified in the notice of hearing notwithstanding any failure of a party to file an answer within the time provided. If no answer has been filed prior to the hearing, the respondent may be precluded from presenting evidence and defenses at the hearing.

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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