"Applicant" means a person who files an application with the Department.
"Application" means a request for a Department license or renewal thereof, for a modification of a Department license if the modification is sought by the licensee, for certification under Section 401 of the Clean Water Act, 33 U.S.C. Section 1341, or for a variance.
"Commissioner" means the Commissioner of Environmental Protection or his agent.
"Day" means calendar day.
"Department" means the Department of Environmental Protection.
"Office of Adjudications" means the Department's Office of Adjudications.
"Order" means, unless otherwise indicated by the context, all or part of a Department order to enforce a statute, regulation or license, or of a notice to revoke, suspend, or modify a license, or of a notice under section 22a-6b of the General Statutes, or of a notice under section 22a-52 of the General Statutes, or any other Department action with respect to which there is an opportunity for hearing under the terms of an applicable statute or regulation. An order does not include a ruling as defined in this subsection.
"Petition" means a request for the Department to issue a declaratory ruling or to adopt, amend or repeal a regulation.
"Pleading" means a paper filed in a contested case other than an application, petition or document offered into evidence.
"Proceeding" means, unless otherwise indicated by the context, a licensing, a contested case, a regulation-making, a proceeding on a petition for a declaratory ruling, or any other matter which is a proceeding under law.
"Respondent" means a person to whom a Department order is issued.
"Ruling" means a decision or directive of the hearing officer, Director of Adjudications, or the Commissioner, other than a proposed final decision or final decision.
"Staff" means those employees acting in their official capacity or that bureau, division, unit, or section of the Department participating in a contested case.
In computing any period of time prescribed or allowed by these Rules of Practice or by an order, ruling, final decision, regulation, permit, approval, or other action of the Commissioner, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, a Sunday, or a Connecticut or federal holiday, in which case such period runs until the end of the next day which is not a Saturday, a Sunday, or a Connecticut or federal holiday.
The Commissioner may reject an application or petition as insufficient if it does not meet the requirements of Section 22a-3a-4(a) or 22a-3a-5(a), respectively, of these Rules of Practice, or does not meet the requirements of any other applicable provision of law governing the form, contents, and filing of such application or petition, or is so manifestly insufficient as to make further processing impossible. Except as otherwise provided by law or in subsection 22a-3a-5(c) of these Rules of Practice, a rejection under this subsection shall stop the running of any time period which by law begins to run when the Department receives an application or petition; any such period shall begin anew when the Department receives an amended application or petition. Nothing shall preclude the Commissioner from requiring additional information from an applicant or petitioner if the application or petition is not rejected under this subsection or is deemed sufficient.
Any person who, in violation of section 1-21b of the General Statutes, lights or carries a lighted cigarette, cigar, pipe, or similar device in any room in which a Department hearing is taking place will be excluded from the hearing room.
Any proceedings under these Rules of Practice which are open to the public may be recorded, photographed, broadcasted, or recorded for broadcast in accordance with the provisions of subsection (a) of section 1-21a of the General Statutes, provided the proceedings are not so disturbed as to impair any person's ability to hear or be heard or to present evidence or argument. In order to minimize disruption of the proceedings, the hearing officer or Commissioner may impose reasonable limits on any person engaged in recording, photographing, broadcasting, or recording for broadcast.
Any person who attends a hearing in connection with any proceeding but is not a party or a witness for a party and who does not intend to speak pursuant to subdivision 22a-3a-3(e) (2) or 22a-3a-6 (t) of these Rules of Practice shall not be required to give his name or any other information or to satisfy any condition precedent to his attending the hearing.
Hearings in all proceedings shall be recorded either stenographically or electronically. The recording of a hearing or any part thereof shall be transcribed by or through the Office of Adjudications (1) on request of any person, provided such person shall pay the cost of transcription and recording, or (2) in accordance with section 22a-6d of the General Statutes. Subject to the reasonable control of the hearing officer, the Staff, a party, or an intervenor may record any portion of a proceeding in which the hearing officer participates. Settlement discussions conducted by a referee under section 22a-3a-6(j) do not constitute proceedings under these Rules of Practice and shall not be recorded unless all of the participants in such discussions consent to recording.
Except as provided in subdivision (j) (2) and subparagraph (y) (3) (B) of section 22a-3a-6 of these Rules of Practice, the hearing officer or the Commissioner, as appropriate, may continue a hearing to another time and place.
The Commissioner may revoke an order at any time before a final decision is issued, provided that he shall give notice to the staff, parties, and intervenors of his intent to revoke. Objections to revocation may be filed with the Commissioner within seven days of such notice. A respondent to an order may withdraw the answer or request for hearing at any time, an applicant may withdraw an application or a request for hearing at any time, and a petitioner for a declaratory ruling or a regulation-making may withdraw the petition at any time. Nothing herein shall preclude the Commissioner from revoking an order after a proceeding has terminated.
If any person disrupts a hearing or otherwise interferes with the orderly conduct of a hearing, the hearing officer may order such person to leave the hearing or may suspend the hearing and reconvene it at an appropriate place and time.
Except as provided in Section 22a-3a-6(b) (7) of these rules, any document required or allowed to be filed with the commissioner by any statute, regulation, license, or order, including without limitation a petition for declaratory ruling and a petition for hearing under Section 22a-208a(e) of the General Statutes, shall be deemed filed on the date such document is received by the Commissioner.
Except as provided in § 22a-3a-6 (b) (8) of these Rules of Practice, no document submitted to the Department pursuant to an order, and no petition or application, may be electronically filed without the Commissioner's consent.
Conn. Agencies Regs. § 22a-3a-2