Section 31-1-5 - Conduct of adjudicative hearings in contested cases(a) Hearings in contested cases shall be presided over by the commissioner or such hearing officer as has been designated by the commissioner.(b) The commissioner 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;(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.(c) The commissioner 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 in accordance with section 4-177b of the General Statutes of Connecticut.(d) Each party and the commissioner or hearing officer shall have the right to inspect and copy relevant and material records, papers and documents not in the possession of the party or the commissioner or hearing officer and, at a hearing, to respond, cross-examine other parties, intervenors and witnesses, present evidence and argument on all issues involved, enter motions and objections and assert all other rights essential to a fair hearing.(e) Persons not named as parties or intervenors may, in the discretion of the commissioner or hearing officer, be given an opportunity to present oral or written statements in accordance with subsection (b) of section 4-177c of the General Statutes of Connecticut.(f) The rules of evidence in an adjudicative hearing shall be as prescribed in section 4-178 of the General Statutes of Connecticut.(g) If a hearing is held before a hearing officer, a party, before rendition of the final decision, may request a review by the commissioner of any preliminary, procedural or evidentiary ruling made at the hearing. The commissioner may make an appropriate order, including the reconvening of the hearing.(h) All adjudicative hearings in contested cases shall be recorded and shall be conducted in accordance with the provisions of chapter 54 of the General Statutes of Connecticut.(i) The prohibitions on ex parte communications in section 4-181 of the General Statutes of Connecticut shall apply from the date of designation of the commissioner or hearing officer to conduct any proceedings in a contested case.Conn. Agencies Regs. § 31-1-5
Effective February 2, 1990