Current through October 16, 2024
Section 31-272-13 - Conduct of hearings(a) Hearings shall be presided over by the Board or by one or more hearing officers designated by the Chairperson. A hearing officer shall be designated in any case in which the complaint is filed by the Board or one of its members. The designated hearing officer shall not have initiated the complaint, personally carried out the function of investigator, or otherwise been personally involved with the case.(b) An authorized agent may challenge the interest of the designated hearing officer by way of a request to the Board which specifically sets forth all reasons for the request. A written request shall be filed with the Board as soon as the hearing officer is appointed. The Board shall decide the challenge within ten days, and shall appoint another person if it grants the challenge. The mere fact that an individual has previously served as a hearing officer or decided a case involving the authorized agent or a similar issue need not, in itself, preclude the person from serving as the hearing officer.(c) The Board or hearing officer shall have the power to:(1) regulate the course of the hearing and the conduct of the parties and their counsel therein;(2) insure that all testimony is given under oath or affirmation;(3) rule upon offers of proof and receive evidence;(4) consider and rule upon all motions; and(5) require any additional written and/or oral argument.(d) The Board or hearing officer shall have the power to compel attendance of witnesses by subpoena and to require the production of records, physical evidence, papers and documents.(e) The investigator will introduce the relevant evidence produced by the investigation into the record of the hearing. The authorized agent and the investigator shall have the right to inspect and copy relevant and material records, papers and documents not in their possession; present evidence and argument on all issues involved; cross-examine witnesses; enter motions and objections; and assert other rights essential to a fair hearing.(f) Persons not named in the notice of hearing may, at the discretion of the hearing officer, be given an opportunity to present oral or written statements. The hearing officer may require any such statement to be given under oath or affirmation, and shall give such statements the weight the hearing officer determines is appropriate given the nature of the complaint, the statement, and its relevance.(g) All adjudicative hearings in matters concerning the conduct of authorized agents shall be recorded.(h) The Appeals Division shall maintain a record which includes (1) written notices related to the case; (2) all complaints, petitions, motions, and intermediate rulings; (3) evidence received or considered; (4) offers of proof, objections and rulings thereon; (5) the recording or the transcript of the hearing; (6) the proposed final decision, if any, and any exceptions and briefs filed; (7) the final decision; and (8) any communications with the Appeals Division which have been documented.Conn. Agencies Regs. § 31-272-13