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:
(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.
(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.
(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:
(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:
(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.