Conn. Agencies Regs. § 6-38b-19

Current through September 27, 2024

Section 6-38b-19 - Contested cases

In conjunction with the provisions of sections 6-38b-7 to 6-38b-9, inclusive, of the Regulations of Connecticut State Agencies, the following provisions shall apply:

(1) Designation of parties.

(A) In issuing the notice of hearing, the chairman or his designee shall designate as a party any person known to the commission whose legal rights, duties or privileges are required by statute to be determined by a commission proceeding and who is required by law to be a party in a commission proceeding and any person whose participation as a party is then deemed to be necessary to the proper disposition of the proceeding. Subsequent to the issuance of the notice of hearing, no person before the commission, other than a respondent who is identified in the notice of hearing, has standing as a party within the definition set forth in subdivision (8) of section 4-166 of the Connecticut General Statutes except upon the express order of the hearing/presiding officer.

(B) Any person who is not identified as a party in the notice of hearing may petition the hearing/presiding officer for admission as a party subsequent to the issuance of the notice and prior to the commencement of oral testimony in any hearing. The petition shall be in writing, signed by the petitioner or his or her authorized representative and shall be served on the commission and the parties at least five days before the date of the hearing. The petition shall state facts that demonstrate that the petitioner's legal rights, duties or privileges shall be specifically affected by the commission's decision. The hearing/presiding officer shall rule on the petition prior to the commencement of any oral testimony in the hearing and shall notify the petitioner of the ruling in writing unless the petitioner is present at the contested case hearing.

(C) The hearing/presiding officer may remove as a party any person whose rights, duties or privileges are determined not to be at issue in the contested case.

(D) The conferring of party status shall not be deemed to be an admission by the commission that such party may be aggrieved by any final decision, order or ruling of the commission.

(2) Intervenors.

(A) The hearing/presiding officer may grant any person status as an intervenor in a contested case if he or she finds that:

(A) the person has submitted a written petition to the hearing/presiding officer and served copies to all parties and intervenors at least five days before the date of the hearing; and

(B) the petition states facts that demonstrate that the petitioner's participation is in the interest of justice and will not impair the orderly conduct of the proceeding. An intervenor shall participate only in those portions of the contested case that the hearing/presiding officer shall expressly allow.

(B) The conferring of intervenor status by the hearing/presiding officer shall not be deemed to be an admission by the commission that such intervenor may be aggrieved by any final decision, order or ruling of the commission.

(3) Representation of parties and intervenors. Each person authorized to participate in a contested case as a party or as an intervenor shall file a written notice of appearance with the commission. Such appearance may be filed on behalf of parties and intervenors by an attorney, subject to the rules hereinabove stated. The filing of a written appearance may be excused by the hearing/presiding officer.

Conn. Agencies Regs. § 6-38b-19

Adopted effective November 4, 2002