Current through September 9, 2024
(a) The parties to
any proceeding may consent by written stipulation to a hearing earlier than
that provided in the notice of the hearing.
(b) A presiding officer shall:
(1) Rule on all substantive and procedural
motions,
(2) Make findings of
fact,
(3) Take notice of statutory,
regulatory and other legal authorities,
(4) State conclusions of law upon which the
decision is made,
(5) Propose a
final agency decision,
(6) Issue
proposed final agency decision or a recommended final agency decision in a
contested case,
(7) Set an order of
presentation of witnesses and may limit the number and time for witnesses to
avoid unnecessary cumulative evidence on a particular issue in the course of
any proceeding,
(8) Exclude from
the hearing room or from further participation in the proceedings any person
who engages in improper conduct during a proceeding,
(9) Administer oaths and take testimony under
oath, and
(10) Subpoena witnesses
and require the production of records, papers, and documents. If any person
disobeys such process or refuses to answer any pertinent questions put to him
by the Commissioner or by the presiding officer, or produce any records or
papers pursuant thereto, the Commissioner may apply to the Superior Court in
the Judicial District of Hartford-New Britain, or to any judge of said court,
if the same is not in session, setting forth such disobedience to process or
refusal to answer.
(c)
Hearings in contested cases shall be conducted in accordance with Section
4-177
of the Connecticut General Statutes as amended. Evidence conforming to the
requirements of Section
4-178
of the Connecticut General Statutes, as may be amended from time to time, shall
be received.
(d) Any motions not
made during the hearing shall be in writing stating the order or relief applied
for and the grounds therefor:
(1) The original
and two copies of any such motion shall be filed with the presiding officer
within seven (7) calendar days after date of notice of the hearing,
(2) Replies or objections to such motion, if
any, with two copies shall be filed with the presiding officer within four (4)
days,
(3) Copies of all motions and
responses thereto shall be mailed to the respondent or the petitioner as the
case may be.
(e) Two or
more proceedings may be heard together at the presiding officer's
discretion.
(f) The Commissioner or
the presiding officer, on his own motion or written application of a party,
shall order a party or the agency to prepare and present to the other party a
copy of all or any relevant part of the agency's file or files in the name of
the applicant, petitioner, resident or any other party concerning any issue or
issues involved in the hearing, except as may be otherwise protected from
disclosure by law:
(1) The Commissioner or the
presiding officer, on his own motion or written application of a party, may
receive said files, and make them available for inspection as provided in
Section
4-177c
of the Connecticut General Statutes,
(2) The presiding officer may exclude
irrelevant or redundant evidence at his discretion.
(g) The presiding officer may continue a
hearing from day to day or adjourn it to a later date or to a different place
by announcement thereof at the hearing or by appropriate notice at his
discretion.
(h) The presiding
officer shall close a hearing at his discretion and may reopen a hearing within
thirty (30) days:
(1) Upon application from
the petitioner or respondent prior to a rendering of the decision or
recommendation of the presiding officer and upon a representation that:
(A) Material evidence that could affect the
outcome of the hearing is now available, and
(B) Good cause exists other than a failure to
diligently research, investigate or prepare for the hearing, or
(2) On motion of the presiding
officer, sua sponte, to take additional evidence on a material issue because
justice so requires.
