Section 10-4-16 - Hearings(a)Place of Hearings. Unless by statute or by direction of the agency a different place is designated, all hearings shall be held at the Department.(b)Notice of Hearings.(1) Persons Notified. Notice of a hearing in any contested case shall be given to all parties, to all persons who have become intervenors, to all persons otherwise required by statute to be notified, and to such additional persons as the agency shall direct. Notice may be given by newspaper publication and by such other means that the agency may deem appropriate.(2) Contents of Notice. The notice shall contain(A) A statement of the time, place, and nature of the hearing;(B) A statement of the legal authority and jurisdiction under which the hearing is to be held;(C) A reference to the particular sections of the statutes and regulations involved; and(D) A short and plain statement of the matters asserted. If the agency or party 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) Length of Notice. Unless otherwise provided by law, or unless the agency finds that a shorter period of notice is reasonable and consistent with the public interest, notice of a hearing shall be given at least fourteen (14) days prior thereto.(4) Continuances. For good cause shown, the agency may grant a continuance.(c) Witnesses, Subpoena, and Production of Records. The presiding officer may, if it is necessary for a just resolution of a contested case, cause subpoenas to be issued directing any person whose testimony may be related to the matters before the agency to appear and give such evidence as is necessary. Said subpoena may direct the production for examination of any records or documents or other evidence relating to the issues before the agency.(d)Conduct of Hearing.(1) Purpose of Hearing. The purpose of any hearing in a contested case is to provide the parties an opportunity to present evidence and argument on all issues to be considered by the agency.(2) Order of Procedure. The order of procedure at hearings shall be determined by the agency.(3) Limiting Number of Witnesses. To avoid unnecessary cumulative evidence, the agency may limit the number of witnesses or the time for testimony upon a particular issue in the course of any hearing.(4) Written Testimony. The agency may permit any party or witness to offer testimony in written form. Such written testimony shall be received in evidence with the same force and effect as though it were stated orally by the party or witness who has given the evidence, provided that each such party or witness shall be present at the hearing at which the testimony is offered, shall adopt the written testimony under oath, and shall be made available for cross examination as directed by the agency. Prior to its admission such written testimony shall be subject to objections by parties.(e)Rules of Evidence.(1) General. Any oral or documentary evidence may be received, but it shall be the policy of the agency to exclude irrelevant, immaterial or unduly repetitious evidence. The agency shall give effect to the rules of privilege recognized by law, where appropriate to the conduct of the hearing.(2) Documentary Evidence, Copies. Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available, and upon request, parties and the agency conducting the proceeding shall be given an opportunity to compare the copy with the original.(3) Cross Examination. Cross examination, as the agency shall find to be required for a full and true disclosure of the facts, shall be permitted.(4) Facts Noticed. The agency may take administrative notice of judicially cognizable facts, including the records and the prior decisions and orders of the agency.(5) Facts Noticed, Scope and Procedure. The agency may take administrative notice of generally recognized technical or scientific facts within its knowledge. Parties shall be afforded an opportunity to contest the material so noticed by being notified before or during the hearing, or by an appropriate reference in preliminary reports or otherwise of the material noticed. The agency shall employ its experience, technical competence, and specialized knowledge in evaluating the evidence presented at the hearing for the purpose of making its findings of fact and arriving at a final decision.(f)Stipulations. Parties may by stipulation in writing filed with the agency, agree upon the facts or any portion thereof, which stipulation may be entered as evidence at the hearing. The agency may require such additional evidence as it deems necessary.(g)Filing of Added Exhibits.(1) Additional Evidence. At any stage of the hearing the agency may call for further evidence upon any issue, and require such evidence to be produced by the party or parties concerned or by the Department, either at that hearing or adjournments thereof. At the hearing, the agency may authorize any party to file specific documentary evidence as a part of the record within a specified time, provided that every other party shall be afforded a reasonable opportunity to review and rebut said evidence.(2) Filing of Documents Subsequent to Hearing. The presiding officer may order or may, for good cause shown, allow the parties to file evidentiary documents of any kind, or exhibits, at a time subsequent to the completion of the hearing, such time to be determined by the agency. If a request for such subsequent filing is granted, the requesting party shall on or before the date set for filing, send copies of all documents or exhibits which are the subject of the request to all parties. If such requirement for copies is impracticable, the agency may suspend the above provisions; in such cases, the agency shall allow reasonable inspection of the original by all parties. Other parties may file additional documentary evidence to rebut or explain such late filed exhibit.(h)Oral Argument, When Made. When, in the opinion of the presiding officer, time permits and the nature of the proceedings, the complexity or importance of the issues of fact or law involved, and the public interest warrant, the agency, either on its own motion or at the request of a party at or before the close of the taking of testimony may allow and fix a time for the presentation of oral argument, imposing such limits of time on the argument as deemed appropriate in the proceeding.(i)Briefs.(1) General. Briefs may be filed by a party either before or during the course of the hearing, or within such time thereafter as the agency shall designate. The order of filing briefs after the hearing including reply briefs will be designated by the agency.(2) Contents and Scope of Briefs, Proposed Findings and Order. Briefs may contain: (1) a concise statement of the case, (2) an abstract of the evidence relied upon by the party filing, with reference to the pages of record, if available, or exhibits where the evidence appears, (3) argument and authorities, and (4) proposed findings and conclusions and, if desired, a proposed form of order or rule.(j)Disposition Without Hearing. Unless precluded by law, any contested case may be resolved by stipulation, agreed settlement, consent order or default.(k)Statements by Other Than Parties or Intervenors. Persons not named as parties or intervenors may, in the discretion of the presiding officer, be given an opportunity to present oral or written statements, provided such statement is given under oath or affirmation. If such statements are to be considered as evidence, the presiding officer may give all parties the opportunity to challenge or rebut the statement and to cross-examine the maker of the statement.
Conn. Agencies Regs. § 10-4-16