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Policy
Manual
ADMINISTRATIVE HEARINGS
License Hearings
22-5-6
Disposition and Decision
| Role of the Hearing Officer |
The Hearing Officer shall
•evaluate all evidence presented at the hearing
•determine if the Department has cause to
-deny the application
-limit, suspend, revoke, or refuse to renew the license.
•deliver the Memorandum of Decision within thirty (30) days of the closing of the
hearing record to the following persons:
-the appropriate division director(s) and FTSU Regional Supervisor
-the facility, agency, or permanent family residence
-the attorney
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| Basis for Decision |
The Hearing Officer shall base the decision on substantial
evidence which is relevant and is presented at the hearing. Such evidence shall
establish the failure of the facility, agency, or permanent family residence to meet or
comply with the prescribed standards outlined in DCF regulations, policies and procedures.
The Hearing Officer shall decide whether it is in the best interest of the child(ren)
who are or may be serviced by the facility, agency, or permanent family residence to
•uphold the Department's proposed action
•continue the license provisionally for a specified period of time until
corrective measures are taken
•suspend the license
•restrict/limit the license by specifying the number, type, age, and sex of
children who are being served
•issue or renew the license.
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| Finding on Each Allegation |
There shall be a finding on each allegation cited in
the notice to the client unless amended or omitted by mutual agreement of the parties. The
standard of proof for each allegation shall be a preponderance of the evidence; i.e., the
evidence, when considered fairly and impartially, induces a reasonable belief that it is
true.
Preponderance of the evidence on one or more of the allegations may be grounds for
denying, refusing to renew, limiting, suspending, or revoking a license. |
| Decision Binding on Department |
The decision shall be binding on the Department with respect
to those matters over which it has authority and control. |
| Contents of Memorandum of Decision |
The Memorandum of Decision shall contain
•the names of the persons present
•the issues that were the basis for the hearing
•the provisions of law and policy applicable to the case
•a summary of evidence relied on in making the decision
•findings of fact
•rulings on motions
•a clear, concise statement of the reasoning on which the decision is based
•the decisions as to the status of the license
•the notice of the right to judicial review.
A copy of the Memorandum shall be maintained in the Administrative Hearings Unit file. |
Connecticut Department of Children and Families Issued:
March 1, 1994
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