Current through November 7, 2024
Section 31-272-11 - Investigation of the complaint(a) Upon receipt of a complaint filed in accordance with section 31-272-10 of these regulations, an investigation will be undertaken. The Chairperson, as executive head of the Appeals Division, may appoint as investigator any person employed in the Appeals Division who has not been directly involved in the proceeding in which the misconduct is alleged to have occurred.(b) The Board shall review the results of the investigation and render a determination that probable cause or no probable cause exists that the authorized agent has committed misconduct no later than ninety (90) days from the date the complaint was filed.(c) At any point during the pendency of the investigation, the Board may effect an informal resolution of the complaint which is mutually acceptable to the complainant and the authorized agent.(d) Where the Board finds probable cause that misconduct within the meaning of section 31-272-8 of these regulations has occurred, it may, after considering the wilfulness and seriousness of the violation alleged, the results of the investigation conducted pursuant to subsection (b), the presence of extenuating circumstances, and the existence of previous violations or complaints of similar conduct, issue an agency complaint. The complaint shall be mailed to the authorized agent. A copy of such complaint shall also be mailed to the complainant. The authorized agent will be mailed a notice of hearing before the Board or a designated hearing officer, pursuant to section 31-272-13 of these regulations. The notice shall be issued at least ten days before the scheduled hearing.(e) Where the Board, as a result of an investigation conducted pursuant to this section, finds that there is no probable cause that misconduct by the authorized agent has occurred, or declines to issue an agency complaint, it shall so advise the complainant and the authorized agent against whom the complaint was filed, and shall dismiss the complaint.(f) The Board may, in its discretion, reconsider any agency complaint or dismissal issued pursuant to subsection (d) or (e) of this section, in response to a written request by the complainant or authorized agent, or on its own initiative.Conn. Agencies Regs. § 31-272-11