Section 6-38b-9 - Hearing procedureHearings shall be conducted in accordance with the provisions of the Uniform Administrative Procedure Act, section 4-166, et seq., of the Connecticut General Statutes.
The hearing may be held before one or more hearing officers or one or more members of the State Marshal Commission. No individual who has personally carried out the function of an investigator in a contested case may serve as a hearing officer.
(1) Official address. All correspondence relating to hearings shall be addressed to: State Marshal Commission, 765 Asylum Avenue, Hartford, Connecticut 06105.(2) Notice of hearings. The hearing/presiding officer shall mail a notice of hearing to all parties. Notice shall be mailed to the addresses provided to the commission by the parties, at least ten (10) days before the scheduled hearing, unless all parties waive the requirement of advance notice. The notice shall include a statement of the time, place, the legal authority under which the hearing is to be held, reference to the particular sections of the statutes and regulations involved and nature of the hearing and a short and plain statement of the matters asserted. If the hearing/presiding officer is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement shall be furnished.(3) Location of hearings. Hearings shall be held at 765 Asylum Avenue, Hartford, Connecticut and at such other location or locations as the hearing/presiding officer may designate.(4) Postponements and adjournments. Postponements or adjournments shall be granted only for good cause shown upon a request made to the hearing/presiding officer. The hearing/presiding officer may reschedule a hearing or adjourn a hearing in progress to another date and time.(5) Waiver of oral hearing and personal appearance. Any state marshal who is the subject of a hearing may waive oral hearing and personal appearance and request that the matter be adjudicated on the basis of the available written and demonstrative evidence on file with the hearing/presiding officer including any evidence submitted by the state marshal who is the subject of the hearing.(6) Adjudication in absence of a party. Where the hearing/presiding officer finds that the notice of hearing has been properly served by mail and the respondent or any witness has failed to appear, the hearing/presiding officer may in his or her discretion hear the case.(7) Rules of evidence. The rules of evidence set forth in section 4-178 of the Connecticut General Statutes shall apply.(8) Limiting number of witnesses. To avoid unnecessary cumulative evidence, the hearing/presiding officer may limit the number of witnesses or the time for testimony upon a particular issue in the course of any hearing. The hearing/presiding officer may permit any party to offer testimony in written form, if it will expedite the hearing. Such written testimony shall be received in evidence with the same force and effect as though it were stated orally by the witness who has given the evidence, provided that the interests of the parties shall not be prejudiced substantially. Any party or witness who submits written testimony shall be present at the hearing at which such testimony is offered and shall adopt the written testimony under oath unless the opposing party has waived the right to cross-examine such party or witness as provided in subsection (9) of this section.(9) Cross-examination. A party may conduct cross-examinations required for a full and true disclosure of the facts.(10) Final decision. (A) A final decision following a hearing shall be in writing or stated in the record. The hearing/presiding officer shall, after hearing a matter, make a proposed final decision to the commission. The commission shall review the proposed final decision of the hearing/presiding officer and render a final decision.(B) All parties shall be notified either personally or by mail of the final decision.(11) Any appeal of the final decision of the commission shall be in accordance with section 4-183 of the Connecticut General Statutes.(12) A state marshal may have legal representation, at his or her own expense, at a hearing to which he or she is a party.Conn. Agencies Regs. § 6-38b-9
Adopted effective October 3, 2002