Conn. Agencies Regs. § 10-303-11

Current through November 7, 2024

Section 10-303-11 - Full evidentiary hearing

A full evidentiary hearing shall be granted only after an administrative review which has resulted in a decision adverse to the vendor and upon timely request for a full evidentiary hearing by the vendor or his duly authorized representative.

(a)Notice of Right to a Full Evidentiary Hearing

Notice of his right to a full evidentiary hearing shall be provided to the vendor by the board;

(1) at the time the operating agreement is signed and vendor's operating license issued; and

(2) following an administrative review when the decision is adverse to the vendor, the executive director shall notify the vendor of his right to a full evidentiary hearing, such notice to include:

(A) name and address to which the request for a full evidentiary hearing is to be forwarded;

(B) notice that the full evidentiary hearing will be conducted under the Uniform Administrative Procedure Act as set forth in Sections 4-177 through 4-181 of the General Statutes and Regulations adopted by the board; and

(C) notice that the request for a full evidentiary hearing must be received by the executive director within fifteen (15) working days after the adverse decision resulting from the administrative review either

(i) by delivering such notice to the executive director personally;

(ii) by forwarding such notice to the executive director by certified mail; or

(iii) by transmitting such notice to the executive director through the committee of blind vendors.

(b)Scheduling and Notice

(1) within fifteen (15) working days of receipt of the request for a hearing, a full evidentiary hearing shall be scheduled.

(2) notice of the full evidentiary hearing shall be given to all parties thirty (30) calendar days prior to the date of hearing.

(3) notice shall contain all information required in such notice by Section 4-177(b) of the General Statutes.

(4) notice shall inform the vendor that he may be represented by a legal counsel or other authorized representative at the hearing.

(c)Time/Location

Full evidentiary hearings shall be conducted during board working hours and at the board's central office.

(d)Reader Services/Transportation

Reader services and transportation shall be provided in accordance with Section 10-303-10(f) of these regulations.

(e)Meal Costs

A meal allowance shall be paid during the pendency of the hearing if requested by the vendor and shall be reimbursable at the rate established for "in state" meal allowance paid to state employees.

(f)Presiding Official

The presiding officer at the hearing shall be the executive director or his designee, who shall be an impartial qualified official and who has no involvement with the board action which is at issue in the hearing or with the administration or operation of the vending facility program. He may be a staff member or official of another state agency, or a state agency hearing officer.

(g)Evidence in Full Evidentiary Hearing

Evidence in full evidentiary hearing cases shall be received in compliance with Section 4-178 of the General Statutes:

(1) all papers and documents introduced into evidence at the hearing shall be filed with the presiding officer and provided to the other party.

(2) a transcript of the oral evidence shall be made and shall be made available to the parties. The board shall pay all transcript costs and shall provide the vendor with at least one (1) copy.

(h)Exclusive Record

The transcript of testimony, exhibits and all papers and documents filed in the hearing shall constitute the exclusive record for the decision.

(i)Proposal for Decision

(1) a proposal for decision shall be prepared by the presiding officer pursuant to Section 4-179 of the General Statutes and shall be made within fifteen (15) working days after the receipt of the official transcript.

(2) the proposed decision shall be mailed promptly to the blind vendor and the board.

(j)Opportunity to Present Briefs/Oral Arguments

A vendor adversely affected by a proposed decision shall be given twenty (20)calendar days from the date of mailing of the proposed decision within which to file briefs or present oral arguments to the board. The parties by written stipulation may waive compliance with this provision.

(k)Final Decision

The board shall make the final decision in evidentiary hearing cases.

(1) In evidentiary hearing cases, the decision shall be rendered:

(A) within fifteen (15) working days after receipt of the proposed decision if the opportunity to file briefs or present oral arguments has been waived, or the final decision does not adversely affect the vendor; or

(B) within fifteen (15) working days after the filing of briefs or presentation of oral arguments.

(2) the board shall make the final decision in writing. It may, within its discretion, accept, reject, or modify the recommended decision of the presiding officer.

(l)Kinds of Decisions

In rendering his proposed decision, the presiding officer may, and in making its final decision, the board may, take one of several courses of action which include, but are not limited to the following:

(1) find in favor of the vendor;

(2) uphold the action or inaction of the board;

(3) accept a written withdrawal of the appeal which is signed by the vendor or his authorized representative;

(4) accept a settlement of the issues agreed to by the parties; or

(5) default any party who fails to appear and does not request a rescheduling of the appeal.

(m)Form of Decisions

Both the recommended and final decisions shall be comprehensive statements by the presiding officer and the board respectively, containing the following elements:

(1) a statement of the issue or issues involved in the hearing;

(2) clear and complete findings of fact on all relevant factual matters, which are supported by evidence in the record;

(3) reference to all laws, regulations and other legal bases for the decision;

(4) a concise statement of the conclusion drawn from the findings of fact and law, including the reasoning used in reaching the conclusions; and

(5) any remedial action necessary to resolve the issues in dispute.

(n)Appeal

(1) If a vendor is dissatisfied with the decision rendered after a full evidentiary hearing, he may file a complaint with the Secretary of the United States Department of Education as authorized by Sections 5 (a) and 6 of the Randolph-Sheppard Act and Sections 395.13 of the regulations at 34CFR; or

(2) If a vendor is aggrieved by the decision rendered after a full evidentiary hearing, he may exercise his right of appeal under Section 4-183 of CGS.

Conn. Agencies Regs. § 10-303-11

Effective July 23, 1987