Section 31-237g-52 - Scheduling; telephone hearings; notice of hearing(Statutory reference: 31-244a, 31-249)
(a) If the Board determines that a hearing should be held by the Board, it shall promptly schedule such hearing at its office or such other location as the Board may deem appropriate, and at a date and time reasonable and suitable to the Board. In the scheduling of such hearings primary consideration shall be given to the goal of prompt disposition of appeals, the normal hours, days of the week and locations established for conducting such hearings, and the administrative limitations and needs of the Board, but hearings may be scheduled at such times, dates, places and in such manner as the Board deems necessary to give each party a reasonable opportunity for a fair hearing. Hearings before the Board may be scheduled and conducted for such limited purposes as the Board may direct, and the Board may limit the hearing exclusively to oral argument.(b) To the extent practicable and reasonable under the circumstances of each intrastate appeal, in-person hearings, whereby all parties and witnesses are expected to be physically present at the same hearing location, shall be the preferred manner of scheduling and conducting intrastate hearings, but the Board may, on the initiative of the Board or upon the timely request of a party made prior to the hearing which shows good cause therefor, make arrangements for conducting a telephone hearing on an intrastate appeal whereby the testimony of some or all of the parties and witnesses is taken by telephone, subject to the availability of sufficient telephone lines at the hearing location. If, during the course of the hearing, the board determines that the ends of justice so require, the board may take the testimony of any witness not present at the hearing by telephone. For purposes of this section, good cause includes but is not limited to: (i) excessive distance to the hearing location.(ii) physical disability.(iii) transportation difficulties.(v) The need for multiple witnesses, especially where the requesting party would be unfairly burdened or where a particular witness is only needed for a discrete issue.(vi) Testimony will be taken only on a procedural issue or issue of marginal relevance.(vii) A party has previously suffered extreme inconvenience in connection with the scheduling of the hearing. In any circumstances in which a party would be entitled to a postponement, the appeals division shall not deny the party the right to participate by telephone unless it offers the party a postponement.
(c) To the extent practicable and reasonable under the circumstances of each interstate appeal, telephone hearings shall be the preferred manner of scheduling and conducting interstate appeal hearings provided that any party to the appeal or its attorney or authorized agent may, after providing notice to the board, appear in person at the hearing on the appeal.(d) Written notice of the day, date, time, manner and location of each hearing scheduled by the Board shall be mailed to each party, and the attorney or authorized agent of record for such party, not less than five (5) days prior to the scheduled hearing date, provided the parties may waive such notice or agree to a shorter period of time in advance of hearing for receiving such notice. Each such written notice shall: (1) be prepared in accordance with Section 31-237g-13(a) of these regulations;(2) list the telephone number of the Appeals Division office which issued the notice;(3) contain, or be accompanied by, a written statement as to the purpose of the hearing and the basic rights and responsibilities of the parties pursuant to these regulations concerning such hearing;(4) provide notice of the issues which may be covered at such hearing and the sections of the Connecticut General Statutes or other law relating to such issue including a statement as to the legal authority and jurisdiction under which the hearing is to be held;(5) in the case of a telephone hearing, be accompanied by clearly identified copies of all pertinent Appeals Division records concerning such appeal.Conn. Agencies Regs. § 31-237g-52
Effective June 23, 1986; Amended October 27, 1997