Conn. Agencies Regs. § 4b-3(f)-8

Current through October 16, 2024

Section 4b-3(f)-8 - The record

(a) In addition to the items specified in section 4-177(d) of the Connecticut General Statutes, for the purposes of a Board proceeding the record shall include:

(1) a copy of the appeal and all appearances,

(2) any briefs or exceptions filed before or after issuance of the proposed final decision, and

(3) any correspondence between the Board and any party, intervenor, or other person concerning the proceeding.

(b) The evidentiary record shall be maintained separately from the rest of the record. The evidentiary record shall consist, in addition to the recording of the hearing, of all documents offered into evidence (exhibits), regardless whether they are admitted. Exhibits which are not admitted shall be marked "for identification."

(c) The Board shall not deem a transcript of a hearing to be part of the record, and shall not transmit a transcript of a hearing to the superior court in the event of an appeal from a Board proceeding, unless such transcript was prepared by or through the Board and the sealed original of such transcript, if not prepared by the Board, was delivered directly by the transcriber to the Board.

(d)New evidence

Unless the Board rules otherwise, after all evidentiary hearings have concluded, no further evidence shall be admitted unless it is relevant and material and there was good cause for the failure to offer it at a hearing. Whenever new evidence is admitted after hearings have concluded, the other parties and intervenors shall be allowed an opportunity to respond to the evidence, including, if appropriate, an opportunity to cross-examine the person offering the evidence. Nothing in this subsection shall affect the provisions and requirements of section 4b-3(f) -9.

(e)Post-hearing legal submissions

The Board may require or allow the parties and intervenors to file post-hearing briefs and proposed findings of fact and conclusions of law. Any assertions of fact in such briefs and findings should be supported by reference to specific portions of the evidentiary record supporting any such assertion(s).

Conn. Agencies Regs. § 4b-3(f)-8

Adopted effective May 11, 2009