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)-60 - Final agency decisions

Universal Citation: CT Reg of State Agencies 27-102l(d)-60

Current through September 9, 2024

(a) In the event the presiding officer has been designated by the Commissioner as the hearing officer, the presiding officer shall submit to the Commissioner the proposed findings of fact, conclusions of law, and a recommended decision and order. The Commissioner shall consider the recommendations of the presiding officer in accordance with Section 4-179 of the Connecticut General Statutes when rendering the agency's final decision and may if required by justice order the taking of additional evidence on the record or preside over such a proceeding on the record.

(b) The Commissioner may adopt, modify in whole or in part, or reject the proposed agency decision, findings of fact, conclusions of law, and the proposed order submitted by a presiding officer.

(c) In rendering a final agency decision, the presiding officer or Commissioner, when he reviews a decision, may take one of several courses of action in making the final agency decision which include, but shall be not limited to the following:

(1) Find in favor of the petitioner.

(2) Uphold the action or inaction of the agency,

(3) Order that the proposed agency decision be final,

(4) Accept a written withdrawal of the action signed by the parties,

(5) Accept a settlement of the issues agreed by the parties,

(6) Default any party who fails to appear and may not request a rescheduling of a hearing for good cause prior to the date of the hearing, or

(7) Take any other action authorized by law and appropriate.

(d) Proposed and final agency decisions shall be comprehensive written statements by the presiding officer or the Commissioner. Each shall contain the following:

(1) A list of the parties and their designations,

(2) A statement of the issue or issues involved in the hearing,

(3) Findings of fact on all relevant factual matters, including stipulated facts, which shall be supported by evidence in the record,

(4) Reference to all laws, regulations, and other legal bases for the decision,

(5) A concise statement of the conclusion drawn from the findings of fact and law, including the reasoning used in reaching the conclusion,

(6) Any action to be taken by the agency, if appropriate to address the issue or issues in the hearing, including an appropriate time frame and effective dates of the decision, and

(7) A specific notice on a right to further review under Section 4-183 of the Connecticut General Statutes if it is a contested case.

(e) All proposed and final memoranda of decisions on rulings and the final agency decision shall be mailed certified mail, return receipt requested, to the petitioner or the respondent, or his representative. A resident shall be served by personal delivery:

(1) For any party represented by an attorney, a copy shall be provided to the veteran and attorney,

(2) If a veteran is subject to a conservatorship, a copy shall be provided to the veteran and the conservator.

(f) In a contested case, the Department of Veterans' Affairs shall create a record of the agency proceeding in accordance with subsection (d) of Section 4-177 of the Connecticut General Statutes:

(1) All notices and memoranda filed by the parties and the Department,

(2) Any ruling by the presiding officer,

(3) The memorandum of decision on the final agency decision,

(4) All exhibits admitted or offered if marked for identification,

(5) A transcript or electronic recording of the proceeding, and

(6) All matters given administrative notice by the presiding officer or final decision-maker, such as laws and regulations.

(g) The presiding officer shall take all steps necessary to preserve the record described in subsection (f) of this section for a period of no longer than sixty (60) days after rendering the final agency decision, unless other wise required by federal or state law.

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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.