Section 31-237g-30 - Conduct of hearing(Statutory reference: 31-242, 31-244a, 31-245, 31-254, 1-19 (b) (2), 1-18a (e) (5))
(a) The Referee shall hear the case de novo, and shall not be bound by the previous decision of the administrator. The Referee shall conduct and control the hearing informally and shall not be bound by the ordinary common law or statutory rules of evidence or procedure. The Referee shall make inquiry in such manner, through oral testimony and written and printed records, and take any action consistent with the impartial discharge of his duties, as is best calculated to ascertain the relevant facts and the substantial rights of the parties, furnish a fair and expeditious hearing, and render a proper and complete decision. The Referee may, at any time, examine or cross-examine any party or witness, and require such evidence as the Referee determines to be necessary for a proper and complete decision. The Referee may, at any time, indicate on the record that the testimony being presented is not being supplied by a person with actual personal knowledge of the facts in question. The Referee shall determine the order for presentation of evidence and he may exclude testimony and evidence which he determines to be incompetent, irrelevant, unduly repetitious, or otherwise improper, provided that, before excluding any such evidence, the referee shall permit the offering party an opportunity to describe the evidence and to explain its reliability and importance to the case. When a party is not represented by an attorney, the Referee shall, as he deems necessary in the interests of justice, advise such party as to his rights, aid him in examining and cross-examining witnesses, help him in presenting evidence and otherwise render such assistance as is compatible with the impartial discharge of the Referee's duties.(b) The Referee shall have authority to administer oaths and affirmations. All testimony at the hearing before the Referee shall be under oath or affirmation which shall be included on the hearing record. Any interpreter participating in such hearing shall so interpret under the separate oath for interpreters which shall also be included on the hearing record. Upon administering such oath or affirmation, the Referee may require the interpreter to interpret, to the extent possible, word for word in the first person as the person being interpreted for so communicates.(c) The hearing shall be confined to the issues which the notice of hearing issued pursuant to Section 31-237g-17(e) of these regulations indicates may be covered at the hearing. The hearing may also cover, at the discretion of the Referee, any separate issue which the parties are prepared and willing to go forward on and on which they expressly waive right to notice of.(d) At the commencement of the hearing, the Referee shall, on the hearing record: (1) announce the title and case number of the appeal;(2) announce the commencement time, date and location of the hearing;(3) announce the identity of the Referee and indicate that the Referee is a member of the Appeals Division which is separate and independent from the Administrator;(4) identify all parties, representatives and witnesses present, indicate on whose behalf each such representative or witness is appearing, and verify the mailing addresses of all such parties and representatives;(5) explain the procedure to be followed at the hearing, including a statement as to the Referee's full authority over the conduct of the hearing.(6) explain the de novo nature of the hearing, provided it is explained that the Administrator's records shall be considered as evidence;(7) indicate that the hearing will be taped and that the official record thus obtained will be kept during the pendency of the appeal;(8) indicate that the hearing will likely be the only full evidentiary hearing granted in the case due to the fact that further appellate review is generally limited to a review of the record created at such hearing and therefore all parties in attendance should take pains to insure that they present at such hearing all testimony and evidence that they believe is material to the issues involved;(9) summarize the rights and responsibilities of the parties at the hearing pursuant to these regulations;(10) indicate that a written decision upon the appeal will be mailed by the Referee to all parties and representatives with reasonable promptness following the close of the hearing, and advise the parties as to the appeal rights of the party aggrieved by such decision;(11) advise the claimant to continue to file benefit claims as instructed by the Administrator in order to preserve the claimant's rights during the pendency of the appeal;(12) summarize the case history of the appeal and indicate the issues which appear to be involved;(13) indicate which party has the burden of proof, if any, with regard to the issues involved;(14) announce that the Appeals Division has statutory power to authorize and limit the fees payable for representation of a claimant in such proceedings and that if either the claimant or such representative so requests, the Appeals Division shall rule on that matter.(e) The relevant Administrator's documents in the file record shall be considered as evidence by the Referee subject to the right of any party to object to the introduction of such documents or any part of such documents. The Referee shall itemize and summarize such records and allow such parties, and the attorneys and authorized agents for such parties, to inspect such documents and offer evidence and testimony in rebuttal to the information or contentions contained in those documents. All documents and records which the Referee accepts into evidence shall be clearly and separately labeled by the Referee to indicate the party submitting same and shall be included in the file record. Documentary evidence may be received in the form of legible photocopies. Physical evidence shall also be labeled and placed in the file record if practicable, or otherwise described in detail by the Referee on the hearing record. Any party which seeks to introduce at the hearing documents, records or other written evidentiary materials should, at the time of introduction, supply each other party and the Referee with a copy of such written material.(f) Hearings shall be open to the public unless, consistent with the Freedom of Information Act and other applicable provisions of the Connecticut General Statutes, the Referee finds sufficient cause for a closed hearing. The Referee, upon the referee's own initiative or upon the request of any party, may sequester a witness from the hearing room if the Referee deems such sequestration to promote the effective conduct of the hearing. Whenever the hearing is closed or reopened to the public, or a witness is excluded or readmitted to the hearing room, the Referee shall so indicate upon the hearing record along with the Referee's reason for such action. If a party, attorney or authorized agent, appears at the hearing after the commencement of the hearing, the Referee shall note on the record the time of the late arrival, and may summarize the proceedings up to that point before proceeding with the hearing.(g) The Referee shall not permit improper behavior or tactics, including the intentional disregard of these regulations or the proper instructions of the Referee, which are disruptive of the fair, orderly or effective conduct of the hearing. Any person, attorney or authorized agent other than a party who engages in such improper conduct shall be warned by the Referee, on the hearing record, against continuing such behavior, and if such person thereafter persists in such proscribed conduct the Referee may, if the Referee reasonably deems it necessary, expel such person from the hearing provided that the Referee indicates on the hearing record his reason for such action. Any party that engages in such improper conduct shall be warned by the Referee, on the hearing record, against continuing such behavior, and if such party thereafter persists in such behavior the Referee may, if the Referee reasonably deems it necessary, (1) proceed with the hearing under such instructions and conditions as the Referee deems fair and appropriate; (2) recess or reschedule the hearing; or (3) close the hearing and issue a decision based upon the testimony and evidence received, provided that the Referee indicates on the hearing record his reason for such action.(h) A hearing before the Referee may, at the initiative of the Referee or the oral or written request of a party, be briefly recessed or continued to another time, date, or place if the Referee determines that good cause exists for such recess or continuance. Such good cause shall be stated on the record. Unless waived by all parties present, notice of a continuance shall be issued by the Referee pursuant to Section 31-237g-17 of these regulations.(i) The Referee may permit any party, or the attorney or authorized agent of record for such party, to file with the Referee at the hearing written argument concerning such appeal, provided a copy of such argument is delivered to each other party present at such hearing. Such written argument may supplement, but not serve in lieu of, testimony and evidence presented under oath and subject to cross-examination at the hearing duly scheduled upon an appeal.(j) At the conclusion of the hearing the Referee shall announce on the record both the fact and time of such conclusion. The Referee may, prior to the conclusion, at the Referee's own initiative or upon the request of a party for good cause shown, on the record grant a limited extension of time, prior to the issuance of the Referee's decision, for the filing by a party of (1) written argument and/or (2) additional documentary evidence. In granting a request for the filing of additional documents, the Referee shall describe the significance and identity of such documents; require that the documents be provided to all other parties at the same time as they are filed with the Referee; and permit all other parties a reasonable time in which to object to the inclusion of such documents in the record, file argument or evidence in rebuttal, or request a further hearing. All such written materials filed pursuant to this subsection should be filed in accordance with Section 31-237g-10(a) of these regulations or as the Referee prescribes.(k) Telephone hearings shall be conducted in accordance with the provisions of the subsections above, provided that the Referee shall also determine, at the commencement of the hearing, if the Appeals Division and each party, attorney or authorized agent in attendance has received copies of the file records supplied by the Appeals Division and all documentary evidence and materials supplied by any party. If any party seeks to introduce at such telephone hearing any documentary evidence or material of which the Appeals Division or any other party has not, at the time of the hearing, yet received a copy, the Referee may require a specific identification of such material and an explanation of the alleged importance of such documentary evidence or material to the appeal involved. If as a result of such explanation the Referee determines that such material is important to the appeal the Referee may: (1) if practicable, permit such documentary evidence or material to be read into the record provided that, pursuant to the guidelines of Section 31-237g-10(a), such documentary evidence or material shall thereafter be filed with the Referee and all other parties in accordance with the time limitation that the Referee may reasonably direct; (2) if the Referee deems it necessary and appropriate, reschedule the hearing; (3) take such other action as the Referee deems appropriate. Any party who takes exception to such written materials filed after the hearing and is aggrieved by the Referee's subsequent decision on the appeal may file, pursuant to Section 31-237g-35 of these regulations, a motion to reopen, vacate or set aside such decision for purposes of requesting the opportunity to file other written materials in rebuttal or the opportunity for a further hearing on the matter.Conn. Agencies Regs. § 31-237g-30
Effective January 1, 1988; Amended October 27, 1997