Conn. Agencies Regs. § 17-603-6

Current through October 16, 2024
Section 17-603-6 - Duties and powers of hearing officer
(a) The Commissioner may designate a hearing officer to conduct the fair hearing provided that no individual who has personally carried out the function of an investigator may serve as a hearing officer in that case.
(b) The hearing officer may render the final decision on behalf of the Commissioner, or at the discretion of the Commissioner, the delegation of authority to the hearing officer may be limited to the conduct of the hearing and the presentation to the Commissioner of findings of fact, proposed conclusions of law and a proposed final decision in accordance with Section 4-179 of the Connecticut General Statutes. The final decision in such a case shall be made by the Commissioner in accordance with Connecticut General Statute Section 4-179.
(c) In addition to any other expressed or implied powers, the hearing officer shall have the authority to:
(1) schedule the fair hearing;
(2) require a representative from the Department or its authorized agents, the Family Division, or other cooperating agencies to attend the fair hearing, to submit a case summary prior to the fair hearing, and to provide necessary documents and case files at the fair hearing;
(3) require the Department and aggrieved person to submit a list of witnesses prior to the fair hearing;
(4) compel by subpoena, when deemed necessary, the attendance and testimony of witnesses, the production of records, physical evidence, documents and papers in accordance with Sections 4-177b and 17-603 of the Connecticut General Statutes;
(5) administer oaths or affirmations;
(6) separate and sequester witnesses;
(7) determine the issue(s) of the hearing;
(8) determine whether evidence is relevant and material to the issue(s);
(9) regulate the conduct and course of the fair hearing consistent with due process;
(10) maintain a fair hearing record that shall consist of all papers filed under the proceedings including a mechanical recording of the fair hearing; and
(11) render a final decision on behalf of the Commissioner.

Conn. Agencies Regs. § 17-603-6

Effective October 2, 1991