reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 2 - Complaints and Investigations › Part 1 - Complaints and Statements › Section 9-7b-25 - Form of complaint or statement

Current through July 10, 2024
(a) All complaints
					 shall be in writing and sworn to under oath by the individual submitting same
					 and should include the following components:
(1) The legal name, address and telephone
					 number of each such individual.
(2)
					 A concise and explicit statement of facts bearing upon the violation asserted,
					 including, but not limited to, the items that follow:
(A) The date of the alleged violation of any
					 provision of the General Statutes pertaining to or relating to any election,
					 primary or referendum and the appropriate statutory reference or references, if
					 known.
(B) The identity of the
					 person alleged to have committed such violation.
(C) The identity of any other person who may
					 have knowledge of the facts asserted in the complaint.
(D) Any other document or real evidence
					 bearing upon the violation alleged in the complaint.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 2 - Complaints and Investigations › Part 1 - Complaints and Statements › Section 9-7b-26 - Procedure in response to complaint or statement, or initiation of commission investigation

Current through July 10, 2024
(a) Within seven
					 calendar days of the receipt of a complaint or statement submitted pursuant to
					 Sections
					 9-7b
					 or 9-333y of the General Statutes, the Commission shall notify (1) the
					 complainant in writing and (2) any respondent named or referred to in such
					 complaint or statement of the charges made and facts alleged by sending a copy
					 of such complaint or statement or a concise summary of the complaint or
					 statement, whichever is appropriate.
(b) Within seven calendar days of the
					 initiation of an investigation by the Commission, it shall notify in writing
					 the person or persons to be investigated and provide such person or persons
					 with a concise statement of the subject matter of the investigation.
(c) A complaint or statement filed with the
					 Commission may not be withdrawn by the complainant or official filing the
					 statement except with the permission of the Commission.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 2 - Complaints and Investigations › Part 2 - Investigations › Section 9-7b-27 - Investigations, generally

Current through July 10, 2024
Statutory authority to conduct investigations on the
						Commission's own initiative, or with respect to statements filed with the
						Commission, or upon written complaint under oath by any individual, with
						respect to alleged violations of any provision of the General Statutes
						pertaining to or relating to any election, primary or referendum is derived
						from Section
						9-7b
						of the General Statutes.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 2 - Complaints and Investigations › Part 2 - Investigations › Section 9-7b-28 - Subpoenas issued by Commission

Current through July 10, 2024
(a) With respect to
					 any matter it deems relevant to an investigation or inquiry, the Commission may
					 subpoena witnesses to compel their attendance and testimony, and require the
					 production for examination of any records, documents and papers. A majority
					 vote of a quorum of the Commission shall be required for the issuance of an
					 investigatory subpoena. Any subpoena issued under this section shall be signed
					 on behalf of the Commission by any Commissioner. The presumption of authority
					 as referred to in Section
					 9-7b-6 of the
					 regulations of Connecticut state agencies shall apply to any subpoena. If any
					 person disobeys any subpoena issued under this section or, having appeared in
					 obedience to it, refuses to answer any pertinent question put to him or her by
					 the Commission or by the presiding officer or to produce any records, documents
					 and papers pursuant to the subpoena, the Commission may apply to the Superior
					 Court for the Judicial District of Hartford for enforcement of the
					 subpoena.
(b) In connection with an
					 investigation of an alleged violation of Chapter 145 or of section
					 9-359 or
					 9-359a
					 of the General Statutes, the Commission may subpoena any municipal clerk and
					 require the production of any absentee ballot, inner and outer envelope from
					 which any such ballot has been removed, depository envelope under section
					 9-150a of the
					 General Statutes, or any other record, form or document prescribed in
					 connection with the absentee voting process, which is related to the
					 investigation.
(c) In connection
					 with an investigation concerning the operation, inspection of or outcome
					 recorded on any voting machine used in any election, primary or referendum, the
					 Commission may issue an order to the municipal clerk to impound such machine
					 until the investigation is completed, pursuant to Section
					 9-7b(1)
					 and Section
					 9-310
					 of the General Statutes.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 3 - Contested Cases › Part 1 - Parties, Intervention and Participation › Section 9-7b-32 - Designation of parties

Current through July 10, 2024
(a) In issuing the
					 notice of hearing, the executive director and general counsel or his designee
					 shall designate as a party any person known to the Commission whose legal
					 rights, duties or privileges are required by statute to be determined by a
					 commission proceeding and who is required by law to be a party in a commission
					 proceeding and any person whose participation as a party is then deemed to be
					 necessary to the proper disposition of the proceeding. The respondent or
					 respondents shall be a party or parties to the proceedings. Subsequent to the
					 issuance of the notice of hearing, no person before the Commission other than a
					 respondent who is identified in the notice of hearing has standing as a party
					 within the definition set forth in subsection (8) of Section
					 4-166 of the General
					 Statutes except (1) upon the express order of the hearing officer, and (2) that
					 a complainant shall be a party to a hearing required under the federal Help
					 America Vote Act.
(b) Any person
					 who is not identified as a party in the notice of hearing may petition the
					 hearing officer for admission as a party subsequent to the issuance of the
					 notice and prior to the commencement of oral testimony in any hearing. The
					 petition shall be in writing, signed by the petitioner or his authorized
					 representative and shall be served on the Commission and the parties, at least
					 five days before the hearing. The petition shall state facts that demonstrate
					 that the petitioner's legal rights, duties or privileges shall be specifically
					 affected by the Commission's decision. The hearing officer shall rule on the
					 petition prior to the commencement of any oral testimony in the hearing and
					 shall notify the petitioner of the ruling in writing unless the petitioner is
					 present at the contested case hearing.
(c) The hearing officer may remove as a party
					 any person whose rights, duties or privileges are determined not to be at issue
					 in the contested case.
(d) The
					 conferring of party status shall not be deemed to be an admission by the
					 Commission that such party may be aggrieved by any final decision, order or
					 ruling of the Commission.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 3 - Contested Cases › Part 1 - Parties, Intervention and Participation › Section 9-7b-33 - Intervenors

Current through July 10, 2024
(a) The hearing officer may grant any person
					 status as an intervenor in a contested case if he or she finds that:
(1) the person has submitted a written
					 petition to the hearing officer and served copies to all parties and
					 intervenors at least five days before the hearing; and
(2) the petition states facts that
					 demonstrate that the petitioner's participation is in the interest of justice
					 and will not impair the ordinary conduct of the proceeding. An intervenor shall
					 participate only in those portions of the contested case that the hearing
					 officer shall expressly allow.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 3 - Contested Cases › Part 1 - Parties, Intervention and Participation › Section 9-7b-34 - Representation of parties and intervenors

Current through July 10, 2024
Each person authorized to participate in a contested case
						as a party or as an intervenor shall file a written notice of appearance with
						the clerk of the Commission. Such appearance may be filed on behalf of parties
						and intervenors by an attorney, subject to the rules hereinabove stated. The
						filing of a written appearance may be excused by the hearing
						officer.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 3 - Contested Cases › Part 2 - Hearings › Section 9-7b-35 - Commencement of contested case

Current through July 10, 2024
When a hearing is required by statute and for purposes of
						section
						4-181
						of the General Statutes, the contested case shall commence on the date that the
						notice of hearing is issued by the executive director and general counsel or
						his designee in accordance with section
						9-7b-37 of the
						regulations of Connecticut state agencies. No contested case concerning an
						alleged violation of state election law shall be commenced unless a majority
						vote of a quorum of the Commission finds reason to believe that a violation of
						the General Statutes within the Commission's jurisdiction has been committed.
						Such a reason to believe finding shall not be required in cases heard under the
						federal Help America Vote Act where the commission is serving only as an
						adjudicator. The commission, however, in its discretion, may make such a reason
						to believe finding on a complaint brought under the federal Help America Vote
						Act and may direct its staff to prosecute the matter. Following the issuance of
						such notice of a contested case, it shall be the responsibility of any party or
						other person wishing to receive notice of any further proceedings, to notify
						the Commission of the party or person's change of address and include the
						Commission file number and title of the proceedings in such
						notification.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 3 - Contested Cases › Part 2 - Hearings › Section 9-7b-36 - Place of hearings

Current through July 10, 2024
Unless otherwise provided by the Commission or the
						hearing officer, all hearings of the Commission shall be held at Hartford at
						the office of the Commission.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 3 - Contested Cases › Part 2 - Hearings › Section 9-7b-37 - Notice of hearings

Current through July 10, 2024
(a)
Persons
					 notified.
Except when the Commission or the hearing officer shall
					 otherwise direct, the Commission shall give at least ten calendar days written
					 notice of a hearing in any pending matter to all parties, to all persons who
					 have been previously permitted to participate as intervenors and to all persons
					 otherwise required by statute to be notified. Written notice shall be given to
					 such additional persons as the Commission or the hearing officer shall
					 direct.
(b)
Contents of
					 notice.
Notice of a hearing shall include, but shall not be limited to,
					 the following:
(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 and a reference to the
					 particular sections of the statutes and regulations involved; and
(3) a short and plain statement of the
					 matters asserted or, in lieu thereof, a copy of the complaint.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 3 - Contested Cases › Part 2 - Hearings › Section 9-7b-38 - Continuances or postponements of hearings

Current through July 10, 2024
After the notice of hearing has been issued, no request
						for continuance or postponement of hearing shall be granted or permitted unless
						such request:
(a) is in writing signed
					 by each party to the contested case, or by each such party's attorney;
					 and
(b) states as the reason for
					 the continuance or postponement (1) that the parties are in the process of
					 negotiating a settlement or other resolution of the case and that a continuance
					 or postponement of the hearing is necessary to facilitate the successful
					 completion of such settlement or resolution or (2) other good cause.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 3 - Contested Cases › Part 3 - Hearings, Procedure › Section 9-7b-39 - General provisions

Current through July 10, 2024
(a)
Purpose
					 of hearing.
The purpose of any hearing the Commission conducts under
					 Chapter 54 of the General Statutes is to provide all parties an opportunity to
					 present evidence and argument on all issues to be considered by the
					 Commission.
(b)
Conduct of
					 hearing.
The conduct of the hearing shall be determined by the hearing
					 officer subject to the provisions of Chapter 54 of the General Statutes and of
					 these regulations. Each party to the contested case shall submit to the hearing
					 officer a list of the names and addresses, if known, of all witnesses which
					 such party intends to call to testify at the hearing. Such list shall be
					 submitted by seven days prior to the hearing. Failure to provide a list of
					 witnesses may result in exclusion of witness testimony, subject to the
					 discretion of the hearing officer.
(c)
Limiting number of
					 witnesses.
To avoid unnecessary cumulative evidence, the Commission or
					 the hearing officer may limit the number of witnesses or the time or testimony
					 upon a particular issue in the course of any hearing.
(d)
Written testimony.
The
					 Commission may, by order of the hearing officer, 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 hearing officer. Prior to its admission
					 such written testimony shall be subject to objections by parties.
(e)
Order of presentation.
In
					 hearings conducted under this article, the party that shall open and close the
					 presentation of the case shall be the staff member of the Commission who is
					 assigned to prosecute the matter.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 3 - Contested Cases › Part 3 - Hearings, Procedure › Section 9-7b-40 - Witnesses, subpoenas, and production of records

Current through July 10, 2024
(a) The
					 hearing officer authorized to conduct the hearing shall have power to
					 administer oaths and take testimony under oath relative to the matter of
					 inquiry or investigation.
(b) At
					 any hearing ordered by the Commission, the hearing officer may subpoena
					 witnesses to compel their attendance and require the production or examination
					 of any records, documents and papers pertinent to the subject matter of the
					 hearing. Any party may request that such process be used. The request shall be
					 in writing and contain the following: the name and address of each person upon
					 whom such process is to be served; an adequate description of any records,
					 documents and papers sought to be produced; and a short explanation of the
					 testimony or evidence to be offered at the hearing and its materiality to the
					 subject thereof. It shall be the sole responsibility of the party requesting
					 such process to cause it to be served in accordance with law.
(c) If any person disobeys such process or,
					 having appeared in obedience to it, refuses to answer any pertinent question
					 put to him or her by the hearing officer or to produce any records, documents
					 and papers pursuant to it, the hearing officer shall report the need for
					 enforcement of the subpoena to the Commission. Upon a majority vote of a quorum
					 of the Commission, the executive director and general counsel shall, on behalf
					 of the Commission, seek such order by application to the Superior Court for the
					 judicial district of Hartford, as provided in Section
					 9-7b
					 of the General Statutes.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 3 - Contested Cases › Part 3 - Hearings, Procedure › Section 9-7b-41 - Rules of evidence

Current through July 10, 2024
The following rules of evidence shall be followed in the
						admission of testimony and exhibits in all hearings in contested cases held
						under Chapter 54 of the General Statutes.
(a)
General.
Any oral or
					 documentary evidence may be received, but the hearing officer shall, as a
					 matter of policy, exclude irrelevant, immaterial or unduly repetitious
					 evidence. The Commission or hearing officer shall give effect to the rules of
					 privilege recognized by law in Connecticut where appropriate to the conduct of
					 the hearing. Subject to these requirements and subject to the right of any
					 party to cross examine, any testimony may be received in written form as
					 provided in Section
					 9-7b-39 of the
					 regulations of Connecticut state agencies.
(b)
Documentary evidence,
					 copies.
Documentary evidence may be received at the discretion of the
					 Commission or hearing officer in the form of copies or excerpts, if the
					 original is not found readily available. Upon request by any party an
					 opportunity shall be granted to compare the copy with the original, which shall
					 be subject to production by the person offering such copies, within the
					 provisions of section
					 52-180
					 of the General Statutes.
(c)
Cross examination.
Such cross examination may be conducted as the
					 hearing officer shall find to be required for a full and true disclosure of the
					 facts.
(d)
Facts noticed,
					 Commission records.
The Commission or hearing officer may take
					 administrative notice of judicially cognizable facts, including the records and
					 the prior decisions and orders of the Commission. Any exhibit admitted as
					 evidence by the Commission in a prior hearing may be offered as evidence in a
					 subsequent hearing and admitted as an exhibit in such hearing.
(e)
Facts noticed, scope and
					 procedure.
The Commission or hearing officer may take administrative
					 notice of generally recognized technical or scientific facts within the
					 Commission's specialized 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 Commission shall employ its experience, technical
					 competence, and specialized knowledge in evaluating the evidence presented at
					 the hearing for the purpose of making its finding of facts and arriving at a
					 final decision.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 3 - Contested Cases › Part 4 - Decision in a Contested Case › Section 9-7b-42 - Uncontested disposition of complaint or statement

Current through July 10, 2024
Unless precluded by law, a complaint or statement filed
						pursuant to Section
						9-7b
						of the General Statutes and Section
						9-7b-25
						of the regulations of Connecticut state agencies may be resolved by
						stipulation, agreed settlement, consent order, dismissal, administrative
						withdrawal without hearing or default. Upon such disposition a copy of the
						Commission action shall be sent to each party or intervenor and any attorney of
						record who has filed an appearance with the Commission.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 3 - Contested Cases › Part 4 - Decision in a Contested Case › Section 9-7b-43 - Proposal for decision in a contested case

Current through July 10, 2024
(a) The Commission
					 will proceed in the following manner in contested cases where a majority of the
					 Commission has not heard the case or read the record. A final decision shall
					 not be adopted by the Commission until a proposed final decision is served upon
					 all of the parties, and until an opportunity has been afforded to each party
					 adversely affected by the proposed final decision to file exceptions, to
					 present briefs, and to make oral argument before the Commission at a Commission
					 meeting. Compliance with this requirement concerning the proposed final
					 decision may be waived by a written stipulation of the parties. The Commission
					 may limit the period of time for argument by serving notice of such limitation
					 upon all of the parties simultaneously with the proposed final decision. For
					 good cause shown, the Commission may enlarge the period for argument if the
					 request is made in writing, stating the reasons therefor, and filed with the
					 Commission on or before the Wednesday immediately prior to the meeting at which
					 such proposed final decision is scheduled to be discussed or acted upon by the
					 Commission.
(b) In no event may new
					 evidence, not admitted into evidence under Section
					 9-7b-41 of the
					 regulations of Connecticut state agencies, be submitted or considered by the
					 Commission at the Commission meeting at which the proposed final decision is
					 considered. In addition, no party or intervenor may present any argument at the
					 Commission meeting at which the proposed final decision is considered unless
					 such argument had been raised (1) at the hearing in the contested case, or (2)
					 in a bill of exceptions or brief filed with the Commission on before the
					 Wednesday immediately prior to the meeting at which the proposed final decision
					 is scheduled to be discussed or acted upon by the Commission, or (3) in the
					 proposed final decision itself.
(c)
					 In the proposed final decision to be served upon the parties, the Commission or
					 hearing officer shall set forth each issue of fact or law that it finds
					 necessary to reach the conclusions contained in the proposed final
					 decision.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 3 - Contested Cases › Part 4 - Decision in a Contested Case › Section 9-7b-44 - Contents of the 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 the hearing officer's rulings
					 thereon;
(5) the official
					 transcript, if any, of the proceedings of the case, or, if not transcribed, any
					 recording or stenographic record of the proceeding;
(6) the proposed final decision and
					 exceptions thereto; and
(7) the
					 final decision.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 3 - Contested Cases › Part 4 - Decision in a Contested Case › Section 9-7b-45 - Final decision in a contested case

Current through July 10, 2024
All final decisions and orders of the Commission
						concluding a contested case shall be in writing or orally stated and shall be
						made part of the record of such case. The Commission shall serve a copy of its
						final decision on each party and intervenor in the manner required by Chapter
						54 of the General Statutes.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 3 - Contested Cases › Part 5 - Authority to Impose Civil Penalties, Sanctions and to Take Other Action › Section 9-7b-46 - Authority

Current through July 10, 2024
(a) The Commission is authorized to act in
					 accordance with the powers granted to it under Sections
					 9-7b
					 and
					 9-369b
					 and Chapter 150 of the General Statutes. Except in circumstances when its
					 investigation reveals significant evidence of a criminal violation or
					 violations of the state elections laws within its jurisdiction, the Commission
					 shall attempt to resolve cases pending before it by use of its civil and
					 administrative authority, including but not limited to, the issuance of orders
					 necessary to secure compliance with such laws.
(b) The Commission is authorized to levy
					 civil penalties against any person it finds to be in violation of any provision
					 of the General Statutes enumerated in subsection (2) of Section
					 9-7b,
					 and Subsection (b) of Section
					 9-369b
					 of the General Statutes. The Commission shall use the factors specified in
					 Section
					 9-7b-48
					 of the regulations of Connecticut state agencies to determine the amount of the
					 civil penalty to be imposed but, in no event, shall the amount exceed the
					 statutory authority prescribed in Sections
					 9-7b
					 or
					 9-369b,
					 as the case may be.
(c) The
					 Commission is also authorized to issue orders which require (1) the return to
					 the donor or payor or remittance to the state, of money or resources which is
					 prohibited by any provision of Chapter 150 from being given or received,
					 whichever is deemed by the Commission to be necessary to effectuate the
					 purposes of Chapter 150 of the General Statutes; (2) removal of a campaign
					 treasurer, deputy campaign treasurer or solicitor or prohibiting service in
					 such capacity for a period not to exceed four years; (3) revocation of a
					 person's eligibility to be appointed or serve as a primary, referendum or
					 election official; (4) suspension of the political activities of a party or
					 political committee; and (5) compliance with the federal Help America Vote
					 Act.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 3 - Contested Cases › Part 5 - Authority to Impose Civil Penalties, Sanctions and to Take Other Action › Section 9-7b-47 - Proceeding which civil penalty or forfeiture is or may be imposed

Current through July 10, 2024
Unless waived by written stipulation or consent agreement
						with the Commission, no civil penalty or forfeiture may be imposed by the
						Commission unless the respondent has had an opportunity to be heard at a
						hearing as required by Section
						9-7b
						of the General Statutes. Each such hearing shall be considered a contested case
						within the meaning of Section
						9-7b-1 of the
						regulations of Connecticut state agencies and Chapter 54 of the General
						Statutes. The proceedings in these cases shall be governed by Section
						9-7b-8 and
						Sections
						9-7b-11
						through
						9-7b-58,
						inclusive, of the regulations of Connecticut state agencies.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 3 - Contested Cases › Part 5 - Authority to Impose Civil Penalties, Sanctions and to Take Other Action › Section 9-7b-48 - Amount of civil penalty to be imposed, factors considered

Current through July 10, 2024
In its determination of the amount of the civil penalty
						to be imposed, the Commission shall consider, among other mitigating or
						aggravating circumstances:
(1) the
					 gravity of the act or omission;
(2)
					 the amount necessary to insure immediate and continued compliance;
(3) the previous history of similar acts or
					 omissions; and
(4) whether the
					 person has shown good faith in attempting to comply with the applicable
					 provisions of the General Statutes.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 3 - Contested Cases › Part 5 - Authority to Impose Civil Penalties, Sanctions and to Take Other Action › Section 9-7b-49 - Collection of penalties and forfeitures

Current through July 10, 2024
Any civil penalty collected by, or monies remitted to the
						Commission pursuant to Sections
						9-7b,
						9-333y or
						9-369b
						of the General Statutes and Sections
						9-7b-46 through
						9-7b-51
						of the regulations of Connecticut state agencies shall be deposited in the
						general fund.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 3 - Contested Cases › Part 5 - Authority to Impose Civil Penalties, Sanctions and to Take Other Action › Section 9-7b-50 - Failure to pay penalties or comply with orders, enforcement

Current through July 10, 2024
Upon an order or final decision of the Commission that a
						civil penalty or forfeiture of money or resources shall be paid or made, as the
						case may be, it shall notify the person against whom such order or decision has
						been issued in writing by certified or registered mail of the Commission's
						order or decision. Unless the order or decision otherwise directs, such notice
						shall include a statement to the effect that in the event of failure to comply
						with such order or decision within thirty (30) days of the date of such notice
						by the Commission, the Commission may apply to the superior court for the
						judicial district of Hartford for enforcement of its decision or order. Any
						costs or fees incurred by the Commission to enforce its order or decision shall
						be recoverable from the respondent.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 3 - Contested Cases › Part 5 - Authority to Impose Civil Penalties, Sanctions and to Take Other Action › Section 9-7b-51 - Imposition of civil penalty or forfeiture not a bar to exercise of commission's other powers and duties

Current through July 10, 2024
Unless the written stipulation, agreed settlement, order
						or decision expressly states otherwise, the imposition of a civil penalty or
						requirement of forfeiture by the Commission against a person shall not preclude
						the Commission from exercising its other powers and duties prescribed in
						Sections
						9-7b,
						9-333y or
						9-369b
						of the General Statutes.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 3 - Contested Cases › Part 6 - Consent Orders and Written Stipulations › Section 9-7b-54 - General provisions

Current through July 10, 2024
(a) A respondent
					 may agree to enter into a written consent order or stipulation in any matter
					 pending before the Commission and in lieu of a hearing in a contested case. The
					 adoption of a consent order is within the complete discretion of the
					 Commission.
(b) Any attorney who
					 attempts to negotiate a settlement, consent order or stipulation on behalf of a
					 respondent or other individual or entity shall file an appearance, letter of
					 representation or statement of authority to conduct negotiations on behalf of
					 such respondent, individual or entity.
(c) A consent order or stipulation shall
					 contain:
(1) an admission of all
					 jurisdictional facts;
(2) an
					 express waiver of the requirements that the decision of the Commission contain
					 findings of facts and conclusions of law separately stated;
(3) an express waiver of the right to seek
					 judicial review or otherwise contest the validity of the order;
(4) a statement that the consent order or
					 stipulation shall have the same force and effect as provided by statute for
					 other final decisions or orders and shall become final when issued;
					 and
(5) the signature of the
					 chairperson of the Commission or an authorized representative.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 3 - Contested Cases › Part 6 - Consent Orders and Written Stipulations › Section 9-7b-55 - Public records

Current through July 10, 2024
Upon its adoption by the Commission, the consent order or
						written stipulation shall be a matter of public record and shall be available
						for public inspection in the office of the Commission.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 3 - Contested Cases › Part 6 - Consent Orders and Written Stipulations › Section 9-7b-56 - Notice to parties and intervenors

Current through July 10, 2024
Upon its adoption by the Commission, the consent order or
						written stipulation shall be delivered or mailed within five (5) calendar days
						of its adoption to each party, intervenor or any attorney of record filing an
						appearance on behalf of such party or intervenor.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 3 - Contested Cases › Part 6 - Consent Orders and Written Stipulations › Section 9-7b-57 - Force and effect

Current through July 10, 2024
Upon its adoption by the Commission, the consent order or
						written stipulation shall have the same force and effect as a final decision
						and order issued following a hearing in a contested case.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 4 - Miscellaneous Proceedings › Part 1 - Informal Conference › Section 9-7b-58 - General provisions

Current through July 10, 2024
(a) Upon receipt of
					 a complaint or statement, or upon initiation by a majority vote of a quorum of
					 the Commission of an investigation, as provided in Section
					 9-7b
					 of the General Statutes, the Director of Legal Affairs and Enforcement shall
					 assign the matter for investigation by the staff of the Commission provided the
					 complaint or statement sets forth sufficient facts and allegations which, if
					 true, would constitute a violation of the Connecticut General Statutes or the
					 federal Help America Vote Act within the Commission's jurisdiction. In the
					 event of an initiation by the Commission, the Director of Legal Affairs and
					 Enforcement shall assign the matter for an investigation.
(b) The Director of Legal Affairs and
					 Enforcement may call in a respondent or any person who is being investigated
					 for an informal conference concerning the subject matter of the complaint,
					 statement or investigation. At least three (3) days written notice shall be
					 given to the respondent or person, as the case may be, of such informal
					 conference. Such notice shall contain:
(1) the
					 date, time and place of the conference;
(2) a reference to the statute or regulation
					 allegedly violated or which is the subject matter of the complaint, statement
					 or investigation, or in lieu thereof, a copy of the complaint or
					 statement;
(3) a short summary of
					 the facts surrounding the alleged violation or the matter of inquiry, or in
					 lieu thereof, a copy of the complaint or statement; and
(4) an explanation that the respondent or
					 person, as the case may be, may be accompanied by counsel, if he so
					 desires.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 4 - Miscellaneous Proceedings › Part 2 - Petitions Concerning Adoption of Regulations › Section 9-7b-59 - Regulation making functions

Current through July 10, 2024
Statutory authority to adopt, amend or repeal regulations
						is derived from Section
						9-7b
						and Chapter 54 of the General Statutes.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 4 - Miscellaneous Proceedings › Part 2 - Petitions Concerning Adoption of Regulations › Section 9-7b-60 - General rule

Current through July 10, 2024
Sections
						9-7b-61 and
						9-7b-62
						of the Regulations of Connecticut State Agencies set forth the procedure to be
						followed by the Commission in the disposition of a petition concerning the
						adoption, amendment or repeal of regulations.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 4 - Miscellaneous Proceedings › Part 2 - Petitions Concerning Adoption of Regulations › Section 9-7b-61 - Form of petition

Current through July 10, 2024
Any person may petition the Commission or the Commission
						may on its own motion initiate a proceeding to adopt, amend, or repeal any
						regulation. The petition shall set forth clearly and concisely the text of the
						proposed regulation, amendment, or repeal. The petition shall contain the name
						and address of the petitioner. Such petition shall also state the facts and
						arguments that favor the action it proposes by including such data, facts, and
						arguments in the petition or in a brief annexed thereto. The petition shall be
						addressed to the Commission and delivered to it at its
						office.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 4 - Miscellaneous Proceedings › Part 2 - Petitions Concerning Adoption of Regulations › Section 9-7b-62 - Procedure after petition filed

Current through July 10, 2024
(a)
Decision
					 on petition.
Upon receipt of the petition the Commission shall within
					 thirty (30) days determine whether to deny the petition or to initiate
					 regulation making proceedings in accordance with law.
(b)
Procedure on denial.
If the
					 Commission denies the petition, the Commission shall give the petitioner notice
					 in writing, stating the reasons for the denial based upon the data, facts, and
					 arguments submitted with the petition by the petitioner and upon such
					 additional data, facts and arguments as the Commission shall deem
					 appropriate.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 4 - Miscellaneous Proceedings › Part 3 - Petitions For Declaratory Rulings › Section 9-7b-63 - General rule

Current through July 10, 2024
Sections 9-7b-63 through
						9-7b-65,
						inclusive, of the Regulations of Connecticut State Agencies set forth the
						procedure to be followed by the Commission in the disposition of a petition for
						a declaratory ruling as to the applicability to specified circumstances of any
						provision of Chapter 150 of the General Statutes, or of any regulation or final
						decision on a matter within the Commission's jurisdiction, or the validity of
						any regulation of the Commission. The Commission shall not issue a declaratory
						ruling when the subject of the petition concerns actions of a third party which
						have occurred. However, the Commission shall notify the petitioner of the
						complaint procedure as contained in Section
						9-7b-25
						of the regulations of Connecticut state agencies.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 4 - Miscellaneous Proceedings › Part 3 - Petitions For Declaratory Rulings › Section 9-7b-64 - Form of petition for declaratory ruling

Current through July 10, 2024
Any person may petition the Commission, or the Commission
						may on its own motion initiate a proceeding, for a declaratory ruling as to the
						validity of any of its regulations, or the applicability to specified
						circumstances of any provision of Chapter 150 of the General Statutes, a
						regulation, or a final decision on a matter within the Commission's
						jurisdiction. The petition shall conform to Section 9-7b-64 of the regulations
						of Connecticut state agencies. Such petition shall be addressed to the
						Commission and delivered to it at its office. The petition shall contain the
						name and address of such petitioner. The petition shall (1) state clearly and
						concisely the substance and nature of the petition; (2) identify the statute,
						regulation or order concerning which the petition is made; and (3) identify the
						particular aspect thereof to which the petition is directed. The petition for a
						declaratory ruling shall be accompanied by a statement of any supporting data,
						facts and arguments that support the position of the
						petitioner.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 4 - Miscellaneous Proceedings › Part 3 - Petitions For Declaratory Rulings › Section 9-7b-65 - Procedure after petition for declaratory ruling filed

Current through July 10, 2024
(a)
Notice.
Within thirty days
					 after receipt of a petition for a declaratory ruling, the Commission shall give
					 notice of the petition to all persons who have requested notice of the
					 declaratory ruling petitions on the subject matter of the petition.
(b)
Parties and intervenors.
If
					 the Commission finds that a timely petition to become a party or to intervene
					 has been filed according to Section
					 9-7b-32(b)
					 of the regulations of Connecticut state agencies, the Commission:
(1) may grant a person status as a party if
					 the Commission finds that the petition states the facts demonstrating that the
					 petitioner's legal rights, duties or privileges shall be specifically affected
					 by the Commission proceedings; and
(2) may grant a person status as an
					 intervenor if the Commission finds that the petition states facts demonstrating
					 that the petitioner's participation is in the interests of justice and will not
					 impair the orderly conduct of the proceedings. The Commission may define an
					 intervenor's participation in the manner set forth in Subsection (d) of Section
					 4-177a
					 of the General Statutes.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 4 - Miscellaneous Proceedings › Part 4 - Personal Data System › Section 9-7b-76 - Categories of personal data in the commission's personal data system

Current through July 10, 2024
The categories of personal data maintained by the
						Commission consist of case files, employment records and personnel files. In
						addition, the Commission maintains a general correspondence file which contains
						other data. Records of personal data are maintained on agency personnel and
						employment applicants. Case files may also contain personal data concerning
						parties, witnesses and other persons.
Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › III - Rules of Practice › Article 4 - Miscellaneous Proceedings › Part 4 - Personal Data System › Section 9-7b-77 - General nature and purpose of personal data system

Current through July 10, 2024
(a) The
					 Commission has a single designated personal data system consisting of three
					 parts and whose nature and purpose is to maintain accurate and current
					 information regarding:
(1) Commission case
					 files in fulfillment of its statutory duties under Sections
					 9-7a
					 and
					 9-7b
					 of the General Statutes;
(2) the
					 qualifications of employment applicants; and
(3) employees' employment and personnel
					 activities necessary for the conduct of the Commission's business.