reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article TWO - Hearing Procedures for Contested Cases › Part 1 - Hearing-General Provisions › Section 17a-636-33 - Designation of presiding officer

Current through July 10, 2024
The Commission may in its discretion designate a sole
					 presiding officer or a hearing panel for the purpose of conducting the hearing
					 on the complaint as provided herein. No individual who has carried out the
					 function of an investigator in a contested case may serve as the presiding
					 officer or a hearing officer in that case.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article TWO - Hearing Procedures for Contested Cases › Part 1 - Hearing-General Provisions › Section 17a-636-34 - Commencement of contested case

Current through July 10, 2024
When a hearing is required by law as to any person, the
					 contested case shall commence on the date of filing of the request, application
					 or petition for purposes of C.G.S. secs.
					 4-174 to
					 4-182.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article TWO - Hearing Procedures for Contested Cases › Part 1 - Hearing-General Provisions › Section 17a-636-35 - Place of hearings

Current through July 10, 2024
All hearings shall be at the principal office, unless a
					 different place is designated by statute or by the direction of the Commission
					 or the presiding officer.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article TWO - Hearing Procedures for Contested Cases › Part 1 - Hearing-General Provisions › Section 17a-636-36 - Notice of hearing

Current through July 10, 2024
(a)
Person
				  notified.
The Commission shall give written notice of a hearing in any
				  pending matter to all persons designated as parties, to all persons who have
				  been permitted to participate as intervenors, to all persons otherwise required
				  by statute to be notified, and to such other persons as have filed with the
				  Commission their written request for notice of hearing in the particular
				  matter. Written notice shall be given to such additional persons as the
				  Commission or presiding officer shall direct. The Commission or presiding
				  officer may give such public notice of the hearing as the Commission or
				  presiding officer shall deem appropriate.
(b)
Contents of notice.
Notice
				  of a hearing shall include but not be limited to:
(1) a statement of the time, place and nature
				  of the hearing;
(2) a statement of
				  the legal authority and jurisdiction under which the hearing is to be held;
(3) a reference to the particular
				  sections of the statutes and regulations involved; and
(4) a short and plain statement of 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.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article TWO - Hearing Procedures for Contested Cases › Part 2 - Parties, Intervention and Participation › Section 17a-636-37 - Designation of parties

Current through July 10, 2024
(a)
Designation as party.
The Commission or presiding officer will
				  designate as parties those persons whose legal rights, duties or privileges are
				  being determined in the contested case and any persons whose participation as a
				  party is then deemed necessary to the proper disposition of such proceeding.
				  All other persons proposing to be named or admitted as parties shall apply for
				  such designation in the manner hereinafter described. No other person shall be
				  or have standing as a party in the proceeding.
(b)
Filing of petition.
Any
				  person that proposed to be admitted as a party to any proceeding shall file a
				  written petition to the Commission or presiding officer and mail copies to all
				  parties, at least 5 days before the date of the hearing. The five day
				  requirement of this subsection may be waived by the Commission or the presiding
				  officer at any time before or after commencement of the hearing on a showing of
				  good cause.
(c)
Contents of
				  petition.
The petition to be designated a party shall state:
(1) the name and address of the petitioner;
(2) facts that demonstrate that the
				  petitioner's legal rights, duties or privileges shall be specifically affected
				  by the agency's decision in the contested case;
(3) the contention of the petitioner
				  concerning the issue of the proceeding;
(4) the relief sought by the petitioner;
(5) the statutory or other
				  authority therefor;
(6) a summary
				  of any evidence that the petitioner intends to present in the event the
				  petition is granted; and
(7) that
				  the petitioner has mailed copies of this petition to all parties at least five
				  days prior to the hearing.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article TWO - Hearing Procedures for Contested Cases › Part 2 - Parties, Intervention and Participation › Section 17a-636-38 - Designation of an intervenor

Current through July 10, 2024
(a)
Request
				  to participate.
Prior to the commencement of oral testimony in any
				  hearing in a contested case, any person may request permission from the
				  presiding officer to participate in the hearing as an intervenor. Such person
				  shall file a written petition with the presiding officer and mail copies to all
				  parties, at least 5 days before the date of the hearing. The five day
				  requirement of this subsection may be waived by the Commission or presiding
				  officer at any time before or after commencement of the hearing on a showing of
				  good cause.
(b)
Contents of
				  requests.
The request of the proposed intervenor shall:
(1) state such person's name and address;
(2) state the facts that
				  demonstrate that the petitioner's participation is in the interest of justice
				  and will not impair the orderly conduct of the proceedings;
(3) describe the manner and extent to which
				  that person proposes to participate in the hearing;
(4) describe the manner in which such
				  participation will furnish assistance to the presiding officer in resolving the
				  issues of the case; and
(5)
				  summarize any evidence that person proposes to offer.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article TWO - Hearing Procedures for Contested Cases › Part 2 - Parties, Intervention and Participation › Section 17a-636-39 - Participation by persons admitted to participate as inter-venors

Current through July 10, 2024
The intervenor participation shall be limited to those
					 particular issues, that stage of the proceeding, and that degree of involvement
					 in the presentation of evidence and argument that the presiding officer shall
					 permit at the time such intervention is allowed, and thereafter by express
					 order upon further application by the said intervenor.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article TWO - Hearing Procedures for Contested Cases › Part 2 - Parties, Intervention and Participation › Section 17a-636-40 - Procedure concerning added parties

Current through July 10, 2024
(a)
During
				  hearing.
In addition to the designation of parties in the initial notice
				  and in response to petition, the presiding officer may add parties at any time
				  during the pendency of any hearing upon the presiding officer's finding that
				  the legal rights, duties or privileges of any person will be determined by the
				  decision of the presiding officer after the hearing or that the participation
				  of such person as a party is necessary to the proper disposition of the
				  contested case.
(b)
Notice of
				  designation.
In the event that the presiding officer thus designates or
				  admits any party after service of the initial notice of hearing in a contested
				  case, the presiding officer shall give notice thereof to all parties
				  theretofore designated or admitted. The form of the notice shall be a copy of
				  the order of the presiding officer naming or admitting such added party and a
				  copy of any petition filed by such added party requesting designation as a
				  party. Service of such notice shall be in the manner provided in these
				  rules.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article TWO - Hearing Procedures for Contested Cases › Part 2 - Parties, Intervention and Participation › Section 17a-636-41 - Status of party and of intervenor as party in interest

Current through July 10, 2024
(a)
Party as party in interest.
By the decision of a contested case the Commission shall dispose of the legal
				  rights, duties and privileges of each party designated or admitted to
				  participate as a party in the proceeding. Each such party is deemed to be a
				  party in interest who may be aggrieved by any final decision, order or ruling
				  of the Commission or presiding officer.
(b)
Status of a non-party that has been
				  admitted to participate.
No grant of leave to participate as a non-party
				  or as an intervenor shall be deemed to be a determination by the Commission or
				  presiding officer that the person admitted to intervene is a party in interest
				  who may be aggrieved by any final decision, order or ruling of the Commission
				  or presiding officer unless such grant of leave explicitly so states.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article TWO - Hearing Procedures for Contested Cases › Part 2 - Parties, Intervention and Participation › Section 17a-636-42 - Notice of appearance

Current through July 10, 2024
Each person, or their duly authorized representative,
					 authorized to participate in a contested case as a party or as an intervenor
					 shall file a written notice of appearance with the presiding
					 officer.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article TWO - Hearing Procedures for Contested Cases › Part 3 - Hearings Procedure › Section 17a-636-43 - General provisions

Current through July 10, 2024
(a)
Order of
				  presentation.
Order of presentation shall be determined by the presiding
				  officer at the time of the hearing.
(b)
Limiting number of
				  witnesses.
To avoid unnecessary cumulative evidence, the presiding
				  officer may limit the number of witnesses or the time for testimony upon a
				  particular issue in the course of any hearing.
(c)
Prefilling of testimony.
The
				  presiding officer may require any party or other participant that proposes to
				  offer substantive, technical or expert testimony to prefile such testimony in
				  written form before or during the public hearing as the presiding officer shall
				  direct. Such prefiled written testimony may subsequently be received in
				  evidence.
(d)
Improper
				  conduct.
The presiding officer may exclude from the hearing room or from
				  further participation in the proceedings any person who engages in improper
				  conduct during the hearing.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article TWO - Hearing Procedures for Contested Cases › Part 3 - Hearings Procedure › Section 17a-636-44 - Witnesses, subpoenas, and production of records

Current through July 10, 2024
The presiding officer in a contested case shall have the
					 power to administer oaths and take testimony under oath relative to the matter
					 of inquiry or investigation. The presiding officer may subpoena witnesses and
					 may require the production of records, papers and documents pertinent to such
					 inquiry. If any person disobeys such process or refuses to answer any pertinent
					 question put to him by the presiding officer or to produce any records or
					 papers pursuant thereto, the Commission may apply to the Superior Court for the
					 Judicial District of Hartford-New Britain, or to any judge of said court, if
					 the same is not in session, setting forth such disobedience to process or
					 refusal to answer.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article TWO - Hearing Procedures for Contested Cases › Part 3 - Hearings Procedure › Section 17a-636-45 - Rights of parties at hearings

Current through July 10, 2024
All parties to a hearing may call, examine and
					 cross-examine witnesses and introduce papers, documents or other evidence into
					 the record of the proceedings subject to the ruling of the Commission. All
					 parties shall be afforded the opportunity to inspect and copy relevant and
					 material records, papers, and documents not in the possession of the party,
					 except as otherwise provided by federal law or any other provision of the
					 General Statutes.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article TWO - Hearing Procedures for Contested Cases › Part 3 - Hearings Procedure › Section 17a-636-46 - Examination of witnesses

Current through July 10, 2024
Witnesses at all hearings shall be examined orally under
					 oath or affirmation and a record of the proceedings shall be made by the
					 presiding officer.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article TWO - Hearing Procedures for Contested Cases › Part 3 - Hearings Procedure › Section 17a-636-48 - Filing of added exhibits and testimony

Current through July 10, 2024
Upon order of the Commission or presiding officer before,
					 during or after the hearing any party shall prepare and file added exhibits and
					 written testimony. Such added exhibits and testimony shall be deemed to be an
					 offer of evidence and shall be subject to such comment, reply, and contest as
					 due process shall require.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article TWO - Hearing Procedures for Contested Cases › Part 3 - Hearings Procedure › Section 17a-636-49 - Ex parte communication

Current through July 10, 2024
(a) Unless required
				  for the disposition of ex parte matters authorized by law, neither the
				  Commission members nor any hearing officer nor any person designated as a
				  presiding officer shall communicate directly or indirectly with any person or
				  party concerning any issue of fact or law involved in any contested case that
				  has been commenced under these rules, except upon notice and opportunity for
				  all parties to participate.
(b) Any
				  hearing officer or any person designated as a presiding officer and the
				  executive director may severally communicate with each other ex parte and may
				  have the aid and advice of such members of the Commission staff as are assigned
				  to assist them in such contested case. The names of the Commission staff so
				  assigned shall be made part of the hearing record. This rule shall not be
				  construed to preclude such routine communications as are necessary to permit
				  the Commission staff to investigate facts, to conduct informal conferences, and
				  to audit the applicable records of any party in a contested case at any time
				  before, during, and after the hearing thereof.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article TWO - Hearing Procedures for Contested Cases › Part 3 - Hearings Procedure › Section 17a-636-50 - Uncontested disposition of case

Current through July 10, 2024
Unless precluded by law, any contested case may be resolved
					 by stipulation, agreed settlement or consent order upon order of the
					 Commission. Upon such disposition, a copy of the order of the Commission shall
					 be served on each party.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article TWO - Hearing Procedures for Contested Cases › Part 3 - Hearings Procedure › Section 17a-636-51 - Record in a contested case

Current through July 10, 2024
The record in a contested case shall include:
(1) written notices related to the case;
(2) all petitions, pleadings,
				  motions and intermediate rulings;
(3) evidence received or considered;
(4) questions and offers of proof,
				  objections and rulings thereon;
(5) the official transcript, if any, of
				  proceedings relating to the case, or, if not transcribed, any recording or
				  stenographic record of the proceedings;
(6) proposed final decisions and exceptions
				  thereto; and
(7) the final
				  decision.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article TWO - Hearing Procedures for Contested Cases › Part 3 - Hearings Procedure › Section 17a-636-52 - Transcription

Current through July 10, 2024
Oral proceedings or any part thereof shall be transcribed
					 on request of any party. The requesting party shall pay the cost of such
					 transcription or part thereof. Within thirty days after the service of an
					 appeal to the superior court, or within such further time as may be allowed by
					 the court, the agency shall transcribe any portion of the record that has not
					 been transcribed and transmit to the reviewing court the original or certified
					 copy of the entire record of the proceedings appealed, which shall include the
					 agency's findings of fact and conclusions of law, separately stated. By
					 stipulation of all parties to such appeal proceedings, the record may be
					 shortened.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article TWO - Hearing Procedures for Contested Cases › Part 3 - Hearings Procedure › Section 17a-636-53 - Final decision in a contested case

Current through July 10, 2024
(a) The presiding
				  officer shall proceed with reasonable dispatch to conclude any pending matter
				  and shall submit a proposed final decision to the Commission. The Commission
				  shall render a final decision in all contested cases within 90 days following
				  the close of evidence and filing of briefs, whichever is later, in such
				  proceeding.
(b) All decisions and
				  orders of the Commission concluding a contested case shall be in writing or
				  orally stated on the record, and if adverse to a party, shall include the
				  commission's findings of fact and conclusions of law necessary to its decision.
				  The Commission shall state in the final decision the name of the party and the
				  most recent mailing address provided by the party or his authorized
				  representative.
(c) The final
				  decision shall be delivered promptly to each party or his authorized
				  representative in the manner required by these rules of practice and by Chapter
				  54, C.G.S. The final decision shall be effective when personally delivered or
				  mailed or on a later date specified by the Commission.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article TWO - Hearing Procedures for Contested Cases › Part 3 - Hearings Procedure › Section 17a-636-54 - Reconsideration or modification of final decision

Current through July 10, 2024
(a)
				  Within 15 days after the personal delivery or mailing of the final decision, a
				  party in a contested case may file with the Commission a petition for
				  reconsideration in accordance with sec.
				  4-181a,
				  C.G.S. Within 25 days of the filing of the petition, the Commission shall
				  decide whether to reconsider the final decision. Failure of the Commission to
				  make that determination shall constitute a denial of the petition.
(b) Within 40 days of the personal delivery
				  or mailing of the final decision, the Commission, regardless of whether a
				  petition for reconsideration has been filed, on its own initiative may decide
				  to reconsider the final decision.
(c) If the Commission chooses to reconsider
				  the final decision pursuant to subsection (a) or (b) of this section, it shall
				  proceed within a reasonable time to conduct any necessary additional hearings
				  and to render a decision modifying, affirming, or reversing the final
				  decision.
(d) At any time, on the
				  showing of changed conditions, the Commission may conduct proceedings to
				  consider reversing or modifying the final decision. The parties who were
				  subject to the original final decision or their successors if known, and the
				  intervenors shall be notified and given the opportunity to participate in the
				  proceedings. All such proceedings will be conducted in accordance with these
				  rules of practice.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article TWO - Hearing Procedures for Contested Cases › Part 3 - Hearings Procedure › Section 17a-636-55 - Indexing of written orders and final decisions

Current through July 10, 2024
The Commission shall index all written orders and final
					 decisions by name and subject and shall make them available for public
					 inspection and copying to the extent required by Chapter 3, C.G.S. No written
					 order or final decision may be relied on as precedent by the Commission unless
					 it has been so indexed and made available to the public for inspection and
					 copying.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article THREE - Regulations › Section 17a-636-57 - Form of petition

Current through July 10, 2024
Requests by interested persons shall be submitted to the
				  Commission in writing, signed by the petitioner. Each such request shall
				  contain:
(1) the name and address of
				the petitioner and the name and address of any agent or counsel, if applicable;
(2) the text of the proposed
				regulations, amendment or repeal;
(3) the reasons for the proposal; and
(4) an explanation of the person's
				interest in the particular subject matter. Within 30 days of receipt of the
				request, the Commission shall either deny it in writing, stating its reasons
				for denial or initiate regulation-making proceedings.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article FOUR - Declaratory Rulings and Rulemaking › Section 17a-636-58 - General rules

Current through July 10, 2024
These rules set forth the procedure to be followed by the
				  Commission in the disposition of requests for declaratory rulings as to the
				  validity of any regulation, or the applicability to specified circumstances of
				  a provision of the general statutes, a regulation, or a final decision on a
				  matter within the jurisdiction of the Commission.
Such a ruling of the Commission disposing of a petition for a
				  declaratory ruling shall have the same status as any decision or order of the
				  Commission in a contested case.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article FOUR - Declaratory Rulings and Rulemaking › Section 17a-636-59 - Form of petition for declaratory rulings

Current through July 10, 2024
(a) Any person
				may petition the Commission or the Commission may on its own initiate a
				proceeding for declaratory ruling as to the validity of any regulation, or the
				applicability to specified circumstances of a provision of the General
				Statutes, a regulation, or a final decision on a matter with the agency,
				provided that a petition to contest any regulation on the ground of
				non-compliance with the procedural requirements of Chapter 54 C.G.S. may only
				be filed within two years from the effective date of the regulation. Such
				petition shall be addressed to the Commission and be sent by mail or delivered
				in person during normal business hours. Petitioner must file with the
				Commission an original and five (5) copies of the petition.
(b) If the Commission determines that a
				declaratory ruling will not be rendered, the Commission shall within sixty (60)
				days thereafter notify the person so inquiring that the petition has been
				denied and furnish a statement of the reasons on which the Commission relied in
				so deciding.
(c) A petition for
				declaratory ruling shall contain the following sections in the order indicated
				here:
(1) A statement of the questions being
				presented for a ruling, expressed in the terms and circumstances of the
				specific request but without unnecessary detail. This statement shall identify
				the statute, regulation, or final decision which is the basis for the petition
				and shall identify the particular aspects thereof and special circumstances to
				which the question of validity or applicability is directed.
(2) A statement of the facts material to the
				consideration of the questions presented.
(3) A statement of the position of the
				petitioner with respect to the questions being presented.
(4) An argument amplifying the reasons relied
				upon for the petitioner's position, including any appropriate legal citations,
				must be included with the petition or be in an attached brief.
(5) A signature by the petitioner or legal
				representative, his address, telephone number and facsimile machine telephone
				number, if any, of the petitioner or legal representative, if
				applicable.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article FOUR - Declaratory Rulings and Rulemaking › Section 17a-636-60 - Procedure after petition for declaratory ruling filed

Current through July 10, 2024
(a) Within thirty (30) days after the receipt
				of a petition for a declaratory ruling, the Commission shall give notice to all
				persons to whom notice is required by any provision of law and to all persons
				who have requested notice of declaratory ruling petitions on the subject matter
				of the petition.
(b) If the
				Commission deems a hearing necessary or helpful in determining any issue
				concerning the request for declaratory ruling, the Commission may schedule such
				hearing and give notice thereof as shall be appropriate.
(c) Within forty-five (45) calendar days of
				the submission of the complete petition for a declaratory ruling, persons
				wishing to be admitted to the proceeding as parties or intervenors shall file a
				petition with the Commission. Such persons, in submitting their position and
				evidence in the declaratory ruling proceeding, shall comply with the other
				provisions of these regulations concerning the form, content and filing
				procedures for a petition. If the Commission conducts a hearing, the Commission
				or designated hearing officer or presiding officer has the discretion to limit
				the participation of intervenors in such hearing, including the rights to
				inspect and copy records, to introduce evidence and to cross-examine, so as to
				promote the orderly conduct of the proceedings.
(d) Within sixty (60) days after the receipt
				of a petition for a declaratory ruling, the Commission in writing shall:
(1) issue a ruling declaring the validity of
				a regulation or the applicability of a provision of the General Statutes, the
				regulation, or the final decision in question to the specified circumstances;
(2) order the matter set for
				specified proceedings;
(3) agree to
				issue a declaratory ruling by a specified date;
(4) decide not to issue a declaratory ruling
				or initiate regulation-making proceedings, under C.G.S. section
				4-169,
				on the subject; or
(5) decide not
				to issue a declaratory ruling, stating the reasons for this action.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article FIVE - Miscellaneous Provisions › Section 17a-636-61 - Investigative hearings

Current through July 10, 2024
The Commission may hold investigative hearings for the
				  purpose of:
(1) ascertaining
				compliance with any statute or regulation within the agency's jurisdiction to
				administer or enforce; or
(2)
				receiving information concerning any matter which reasonably may be the subject
				of regulation by the Commission. The Commission shall provide reasonable notice
				of such hearing to all interested persons and the general public.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 647 - Group Homes for Recovering Substance Abusers › Section 17a-647-1 - Definitions

Current through July 10, 2024
For the purpose of sections one (1) through nine (9) of these
				regulations, inclusive:
(a)
			 "Commission" means the Connecticut Alcohol and Drug Abuse Commission.
(b) "Executive director" means the executive
			 director of the Connecticut Alcohol and Drug Abuse Commission.
(c) "Group home" means a residence
			 established by a group of four (4) or more individuals who:
(1) are sponsored by a private, non-profit
			 organization; and
(2) are
			 recovering from substance abuse problems; and
(3) join together with the intention of
			 receiving funds pursuant to Public Act 89-290 for the purpose of establishing
			 or enhancing a place of residence.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 647 - Group Homes for Recovering Substance Abusers › Section 17a-647-2 - Program description

Current through July 10, 2024
The Anti-Drug Abuse Act of 1988,
				Public
				Law 100-690, as amended, established a program
				entitled Group Homes for Recovering Substance Abusers. The program directs each
				state to establish a revolving loan fund to provide loans, not to exceed $4,000
				each, to sponsoring organizations who shall convey the proceeds of any such
				loans to groups of four or more individuals who are recovering from alcohol or
				drug abuse problems for the purpose of establishing or enhancing group
				homes.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 647 - Group Homes for Recovering Substance Abusers › Section 17a-647-3 - Use of loans, restrictions

Current through July 10, 2024
(a) Only group
			 homes which are sponsored by a private, non-profit sponsoring organization may
			 receive the proceeds of a loan.
(b)
			 Loans may be used for costs associated with the establishment of a group home.
			 Such costs may include, but are not limited to, security deposits, first
			 month's rent, facility modifications, furniture, or the purchase of amenities
			 which foster healthy group living. Loans shall not be used for the purchase of
			 the prospective dwelling.
(c) A
			 sponsoring organization may apply for more than one loan if the organization
			 intends to sponsor more than one group home. Only one loan shall be granted for
			 each group home.
(d) Each property
			 which is used for the purpose of establishing a group home shall be suitable in
			 size and accessibility for the residents of the group home.
(e) The rent for the property shall be at or
			 below fair market value for the surrounding area.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 647 - Group Homes for Recovering Substance Abusers › Section 17a-647-4 - Sponsoring organization

Current through July 10, 2024
(a) Any sponsoring
			 organization which receives a loan shall convey the entire proceeds of the loan
			 to a group home that is established and governed in a manner which is
			 consistent with the federal Anti-Drug Abuse Act of 1988,
			 Public
			 Law 100-690, as amended, and with these
			 regulations.
(b) The sponsoring
			 organization shall certify that the group home which receives the proceeds of a
			 loan has established, through a majority vote, written house rules. Such rules
			 shall include, but are not necessarily limited to the following:
(1) The criteria and method by which new
			 residents shall be accepted into the group home.
(2) A requirement that any potential resident
			 of the home shall be informed of the house rules and shall agree in writing to
			 abide by such rules prior to acceptance into the group home.
(3) A prohibition against the use of alcohol
			 or any illegal drug in the group home and a requirement that any resident of
			 the group home who violates such prohibition shall be expelled from the
			 housing.
(4) A requirement that
			 each resident of the group home pay an established share of the cost of
			 operating the home.
(5) A method of
			 allocating each resident's proportional share of operating expenses.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 647 - Group Homes for Recovering Substance Abusers › Section 17a-647-5 - Group home residents

Current through July 10, 2024
(a) Residents of
			 the group home shall have successfully completed a treatment program and shall
			 be free from alcohol and/or drug use for a minimum of thirty (30)
			 days.
(b) Costs of the housing,
			 including fees for rent, utilities and repayment of the loan in accordance with
			 section 7 of these regulations, shall be paid by the residents of the group
			 home.
(c) Residents of the group
			 home shall collectively have sufficient income to pay all such costs of the
			 housing.
(d) Each group home shall
			 establish an independent checking account for the purpose of transacting the
			 group home's financial affairs.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 647 - Group Homes for Recovering Substance Abusers › Section 17a-647-6 - Eligibility and application process

Current through July 10, 2024
(a) Any sponsoring
			 organization that intends to establish or sponsor a group home for four or more
			 recovering substance abusers is eligible to apply for a loan.
(b) Application shall be made on a form
			 provided by the commission. Such forms are available upon request. Completed
			 application forms shall be submitted to the executive director.
(c) The sponsoring organization shall
			 provide, at its own expense, an audit of its previous year's
			 accounts.
(d) If a specific rental
			 property for the group home has not been secured at the time of application,
			 the sponsoring organization shall have ninety (90) days from the date of
			 approval of the loan to secure a property.
(1)
			 A ninety (90) day extension to this requirement may be granted by the executive
			 director if the sponsoring organization requests such in writing and can
			 demonstrate that there has been, and continues to be, an ongoing search for a
			 suitable rental property.
(2) Such
			 extensions shall only be granted when accompanied by a statement that, to the
			 best of the sponsoring organization's knowledge, the prospective residents of
			 the group home continue to be free from alcohol and/or drug use.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 647 - Group Homes for Recovering Substance Abusers › Section 17a-647-7 - Repayment, interest

Current through July 10, 2024
(a) There shall be
			 a written loan agreement between the sponsoring organization and the
			 commission.
(b) The term of the
			 loan shall be no more than two (2) years.
(c) The proceeds of the loan shall be used in
			 accordance with the guidelines for such loans issued by the Secretary of the
			 Department of Health and Human Services of the federal government pursuant to
			 the requirements of
			 Public
			 Law 100-690.
(d) Repayment of the loan shall be the
			 responsibility of the sponsoring organization and shall be made in no more than
			 twenty-four (24) monthly installments and in accordance with the terms of the
			 loan agreement.
(e) Each loan shall
			 bear interest at a rate determined by the commission, which shall not exceed
			 six (6) per cent per year.
(f) The
			 commission may, from time to time, modify the applicable interest rate on new
			 loans. Loans previously awarded shall remain at their existing rate.
(g) A late penalty of five (5) per cent of
			 the amount of any monthly payment shall be charged for any payment received
			 more than fifteen (15) days after the due date of such payment.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 647 - Group Homes for Recovering Substance Abusers › Section 17a-647-8 - Default

Current through July 10, 2024
(a) A loan shall be in default if a payment
			 is more than one month overdue.
(b)
			 If a loan is, or has been in default, the executive director may request, at
			 his option, immediate repayment of the outstanding loan balance, or receive
			 payment for the past due amount and require the sponsoring organization to
			 submit a monthly financial report of the group home to the executive
			 director.
(c) In the event that the
			 group home fails to succeed, the state may forgive the outstanding loan balance
			 if, in its determination, the sponsoring organization has provided a good faith
			 effort to ensure the success of the home.
(d) The sponsoring organization shall address
			 any request for loan forgiveness to the executive director. The executive
			 director shall conduct an investigation and make a recommendation on the
			 request to the commission. If the commission approves the request, it shall
			 forward its recommendation to the Attorney General, pursuant to Section
			 3-7(a)
			 of the Connecticut General Statutes.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 647 - Group Homes for Recovering Substance Abusers › Section 17a-647-9 - Oversight

Current through July 10, 2024
(a) In order to monitor the effectiveness of
			 the program, the executive director may require periodic reports from the
			 sponsoring organization for any group home established with assistance from the
			 loan fund, including after the loan is repaid.
(b) During the period that the loan is
			 outstanding, commission staff shall have access to the premises of the group
			 home in order to ensure compliance with the terms and conditions of the loan
			 agreement.
(c) The commission staff
			 shall have access to financial records pertaining to the establishment and
			 operation of any group home. Records which are required include, but are not
			 necessarily limited to:
(1) Verification that
			 the entire proceeds of the loan were conveyed by the sponsoring organization to
			 the group home and the purpose for which the funds were used.
(2) Any financial records of the group home
			 which pertain to transactions for which the loan proceeds were used.
(3) The checking account records of the group
			 home.
(4) Data pertaining to the
			 success or failure of residents of the group home to remain free from the use
			 of alcohol and/or drugs.
(5) The
			 financial books and records of the sponsoring organization which pertain to the
			 loan.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 854 - National Family Caregiver Support Program › Section 17a-854-8 - National Family Caregiver Support Program under Title III-E of the Older Americans Act

Current through July 10, 2024
(a)
Definitions.
Unless
			 otherwise specified in this subsection, the meanings provided under sections
			 42 USC
			 3002,
			 42 USC
			 3022 and
			 42 USC
			 3030s shall apply to the terms found in this
			 section.
As used in this section:
(1) "Area Agency on Aging" or "AAA" has the
			 same meaning as provided in 42 USC 3002, as amended from time
			 to time;
(2) "Care recipient" means
			 a child, an individual with a disability, an older individual or an individual
			 with Alzheimer's disease or a related disorder with neurological or organic
			 brain dysfunction, who is receiving direct care services from a caregiver or a
			 service provider;
(3) "Caregiver"
			 means a "family caregiver" as defined in
			 42 USC
			 3022(3) or an "older
			 relative caregiver," as defined in
			 42 USC
			 3030s, who is the beneficiary of the support
			 services funded by the National Family Caregiver Support Program;
(4) "Frail" means an older individual that
			 requires substantial human assistance, including verbal reminding, physical
			 cueing or supervision with at least two activities of daily living;
(5) "National Family Caregiver Support
			 Program" means the support services program for family caregivers and older
			 relative caregivers authorized pursuant to
			 42 USC
			 3030s.
(6) "Personal Care Assistant" or "PCA" means
			 an individual who is hired, either by a caregiver through the self-directed
			 care option, or an individual who works with an agency that has contracted with
			 the AAA, as a respite service provider who provides physical assistance to the
			 care recipient to carry out activities of daily living and instrumental
			 activities of daily living;
(7)
			 "Program" means the National Family Caregiver Support Program;
(8) "Self-directed care" means an optional
			 approach to providing respite care services, provided by a PCA that are
			 planned, budgeted and procured under the direction and control of the
			 caregiver, care recipient or representative of the care recipient;
(9) "State Unit on Aging" or "SUA" means the
			 state agency designated by the state pursuant to section 17a-780 of the
			 Connecticut General Statutes to carry out the duties under
			 42 USC
			 3025(a)(1), as amended from
			 time to time;
(10) "Support
			 services" has the same meaning as provided in
			 42 USC
			 3030s-1(b), as amended
			 from time to time; and
(11) "Title
			 III-E" means the National Family Caregiver Support Program established pursuant
			 to the National Family Caregiver Support Act,
			 42 USC
			 3030s.
Connecticut Administrative Code › Title 17b - Social Services › 4(a) - Community-Based Services › Section 17b-4(a)-2 - Conditions and standards of eligibility

Current through July 10, 2024
(a)
Eligible families:
(1) In order to be eligible for any services, families must reside in Connecticut and meet the income guidelines in subsection (d) of this section.
(2) Eligible families may receive social work and case management services in appropriate circumstances including, but not limited to, homelessness, child rearing problems, pending eviction and family violence.
(3) Eligible families may receive paid community based services when the supervising relative is temporarily incapacitated or unable to manage the household and children are in need of temporary foster care, homemaker services or the supervising relative is in need of a teaching homemaker. Additionally, paid services may also be provided if the supervising relative is a person with a disability.
Connecticut Administrative Code › Title 17b - Social Services › 4(a) - Community-Based Services › Section 17b-4(a)-3 - Application and determination of eligibility

Current through July 10, 2024
(a) An applicant is responsible for providing all social, medical, and financial information necessary to establish eligibility. Staff assigned by the Commissioner may assist applicants in completing applications.
(b) A determination of eligibility by the Department shall be made no later than 60 days following the receipt by the Department of the completed application. A notice of action shall be mailed to the applicant.
(c) Staff assigned by the Commissioner, with the assistance of the applicant, shall assess the applicant's needs, determine what needs are unmet, and develop an appropriate plan for Community-Based Services within established cost limits.
(d) Applicants and recipients shall report any changes in circumstances affecting eligibility to the Department within 10 days.
(e) Program eligibility for paid and unpaid services shall be reviewed at least once per year. Eligibility will be reviewed more frequently in cases where service needs are of short term.
Connecticut Administrative Code › Title 17b - Social Services › 4(a) - Community-Based Services › Section 17b-4(a)-4 - Payments for services

Current through July 10, 2024
(a) Community-Based Services for Families and Adults is not an entitlement program. Payments for services shall be contingent upon the availability of funds. The Commissioner may take whatever steps are necessary to ensure that expenditures do not exceed the amount of funds available.
(b) Should the Department be unable to provide payments for services to all current recipients due to a shortage of funds, the steps that the Department may take include the following:
(1) Denial of new applications for Community-Based Services as well as the denial of additional services for current recipients.
(2) A pro rata reduction in payments to all recipients until such time as sufficient funds are available. Thirty days written notice shall be given to all recipients stating that payment levels for Community-Based Services shall be reduced, the reasons for the reduction, and the date such reductions shall take effect. Unless the recipient believes that the calculation of the payment is incorrect, there shall be no appeal for this decision.
(3) Highest priority for payment may be given to those individuals at immediate risk of institutionalization, recipients who have emergency needs, and children in need of temporary foster care.