Current through August 9, 2024
Section 29-2-3 - Contested cases(a) A contested case means a proceeding, including but not restricted to licensing, in which the legal rights, duties or privileges of a party are required by statute to be determined by the Department of Public Safety after an opportunity for hearing or in which a hearing in fact is held, but does not include hearings referred to in Section 4-168 of the Connecticut General Statutes.(b) When the department has reason to believe there has been a violation of the statute(s) or regulation(s) administered by the department, it shall issue a complaint by certified mail to the respondent.(c) The notice in contested cases shall contain:(1) A statement of the statutory authority and jurisdiction for instituting the proceedings;(2) A reference to the specific statutory sections(s) or regulations alleged to be violated;(3) A short and plain statement of the matters asserted sufficient to inform each respondent of the acts or practices alleged to be in violation of the law;(4) The time, date, place and nature of the hearing; and(5) A statement that each respondent may, if he desires, be represented by an attorney.(d) Notice of any matter will be sent by regular or certified mail to the respondent, or if represented by counsel, to such counsel.(e) If a respondent can reasonably show a need for additional time to prepare a defense to the alleged statutory violation, an extension of time may be granted by moving the scheduled hearing to a later date. The granting of such a request is within the complete discretion of the commissioner or his designee.(f) If a respondent can reasonably show that the complaint is unclear or ambiguous as to the nature of the acts in violation of the law, he may file with the department a written motion for a more detailed statement of the nature of the charges against him. The granting or denial of such a motion is within the complete discretion of the commissioner or his designee.(g) Appearances, admissions and denials, answers, motions and any other pleading which a respondent wishes considered by the commissioner or his designee prior to the convening of a contested case proceeding may be filed up to seven days prior to the hearing date. Failure to file any pleadings by any party will not prevent the department from proceeding with the matter. However, if a respondent can reasonably show a need for additional time to submit documentation an extension of time may be granted. The granting of such request is within the complete discretion of the commissioner or his designee.Conn. Agencies Regs. § 29-2-3
Effective September 25, 1987