Impartiality of
Hearing Officer |
The Hearing Officer shall preside at the hearing in an
impartial manner. No Hearing Officer will be assigned who has a personal involvement or
friendship with any of the parties, or a personal interest in the outcome of the hearing
that would preclude objectivity and possibly prejudice the case, as determined by the
manager of the Administrative Hearings Unit. |
Preliminary
Procedures |
Prior to opening the hearing and turning on a recorder, the
Hearing Officer shall
- advise the participants that the hearing will be recorded for the purposes of creating a
permanent record and transcript, if necessary
- explain and answer questions on procedures
- screen witnesses to decide who will remain for the full proceeding and who will be
sequestered. All non-party witnesses may be subject to sequestration.
|
Opening the
Hearing |
To open a hearing, the Hearing Officer shall
- make an opening statement describing the nature of the proceedings and the manner in
which the hearing will be conducted
- cite the legal references governing the hearing
- cite the specific issues that will be considered
- ask each participant to state their name and position for purpose of voice
identification on the recorder in the event a transcript is later prepared
- swear in all participants together at the beginning of the hearing, or individually
before testifying.
|
Development of
Hearing/
Questioning
Witnesses |
The Hearing Officer shall ensure that the hearing develops
in a purposeful and logical manner. He/she must listen to all the testimony and evaluate
the evidence. How active the Hearing Officer will be in questioning the witnesses
depends on how thorough and clear the witnesses are in presenting all the evidence, and
whether an attorney is present to organize and develop the case. |
Presenting
Relevant
Information |
The Hearing Officer shall ensure that each party has a full
opportunity to present all relevant information by
- testifying
- presenting witnesses and documents in their own behalf
- examining adverse witnesses.
|
Orderly Conduct
of Meeting |
The Hearing Officer is responsible for the orderly conduct
of the hearing and shall not permit verbal abuse of any person. He/she may decide to call
a recess or ask a disruptive person to leave the hearing. |
| Rulings |
The Hearing Officer shall
- rule on
- admissibility of evidence
- objections
- privileges
- motions
- exclude irrelevant and repetitious testimony or evidence.
|
Continuance of
Hearing |
Only the Hearing Officer may grant a continuance of a
scheduled hearing. Any request for a postponement must be received by the Hearing Officer
at least twenty-four (24) hours prior to the hearing. The Hearing Officer may grant a
continuance on either party’s motion, or any time when the facts otherwise could not
be fully and accurately presented, as in the following situations:
- the party requesting the hearing did not receive adequate notice as required in CONN.
GEN. STAT. §4-177(b)
- the issues must be amended
- additional evidence, information, or witnesses are necessary
- documented illness of one of the parties.
If a requesting party does not appear on the scheduled date of the hearing, the request
may be considered withdrawn and the Department’s decision or proposed action will be
allowed. |
Timeframes
for Written
Decision |
The table below presents timeframes for completing written
decisions:
| Type of
Hearing |
Decision Due Date (Calendar Days from Close of Record) |
| Fair Hearing |
90 days |
| Rate Setting Hearing |
90 days |
| Adoption Subsidy Review Board Hearing |
90 days |
| License Hearing |
30 days |
| Removal Heairng |
30 days |
| Our-of-State Placement Hearing |
30 days |
| Treatment Plan Hearing |
15 days |
| Parole Rvocation Hearing |
15 days |
| Probable Cause Hearing |
15 days |
|
| Distribution of
Decision |
Please refer to specific
types of Administrative Hearings for appropriate distribution procedures. |
