Current through August 9, 2024
Section 31-273-8 - Fact-finding process(a) In any fact-finding process conducted pursuant to Section 31-273-2 or Section 31-273-5 of the Regulations of Connecticut State Agencies, each party shall be afforded, subject to the Administrator' s control:(1) The right to be represented by any person, including an attorney;(2) The right to inspect or copy any documents in the Administrator's file which are material to the subject matter of the fact-finding and not exempt from disclosure by law;(3) The right to present evidence, documents and witness statements; and(4) If a hearing is deemed necessary by the Administrator or the Administrator's representative for purposes of the fact-finding, the right to cross-examine witnesses and parties, so long as the Administrator deems such cross-examination to be material and relevant.(b) The Administrator shall conduct and control any hearing held pursuant to Section 31-273-2 or Section 31-273-5 of the Regulations of Connecticut State Agencies informally and shall not be bound by the ordinary common law or statutory rules of evidence or procedure. During the fact-finding process, the Administrator shall make inquiry in such manner and take any action consistent with the impartial discharge of the Administrator's duties, as is best calculated to ascertain the relevant facts and the substantial rights of the parties and render a proper and complete determination. The Administrator may at any time examine or cross-examine any party or witness, and require such evidence as the Administrator determines to be necessary for a proper and complete determination. The Administrator shall determine the order for presentation of evidence and may exclude statements and evidence which he determines to be incompetent, irrelevant, unduly repetitious, or otherwise improper. The Administrator shall, as the Administrator deems necessary in the interests of justice, advise any party as to the party's rights, aid the party in examining and cross-examining witnesses, help the party in presenting evidence and otherwise render such assistance as is compatible with the impartial discharge of the Administrator's duties.(c) In any case involving an individual claiming benefits on an interstate basis, the Administrator shall attempt to conduct any fact-finding in accordance with Section 31-273-2 or Section 31-273-5 of the Regulations of Connecticut State Agencies. To the extent practicable, such fact-finding shall be conducted in accordance with the procedures set forth in subsections (a), (b), and (c) of this section. The Administrator shall take any action consistent with the impartial discharge of the Administrator's duties as is best calculated to ascertain the relevant facts and substantive rights of the parties, furnish a fair and expeditious examination of the relevant issues, and render a proper and complete decision. Conn. Agencies Regs. § 31-273-8
Effective March 29, 1988; Amended July 1, 1996; amended 11/5/2020