Connecticut Administrative Code › Title 31 - Labor › 244 - Appeals and Hearing Procedures › Section 31-244-8a - Conduct of the fact-finding

Current through July 10, 2024
(a) In the event
			 the Administrator determines that a hearing is necessary as part of the
			 fact-finding process, the Administrator shall control and conduct the hearing
			 informally through examination of the record and direct questioning as the
			 Administrator determines necessary for a proper and complete
			 decision.
(b) In the fact-finding
			 process, the Administrator will not be bound by the ordinary common law or
			 statutory rules of evidence or procedure.
(c) The issue(s) addressed in the
			 fact-finding process shall be confined to the issue(s) listed on the notice. A
			 fact-finding shall not be conducted regarding any other eligibility issue which
			 is identified by the Administrator during the fact-finding process unless the
			 parties are afforded proper notice of such issue and an opportunity to respond
			 to such issue.
(d) An issue stated
			 in terms of a voluntary leaving or a discharge shall generally be construed to
			 be a single issue covering the separation from employment so that the record
			 may be developed on either or both kinds of separation.
(e) The Administrator may limit or deny a
			 party's right to cross-examination whenever the Administrator determines that
			 such cross-examination is not producing or would not produce information useful
			 or relevant to adjudication of the claim.
(f) The Administrator may limit or exclude
			 from the record statements, documents or other evidence which the Administrator
			 determines to be incompetent, irrelevant, unduly repetitious or otherwise
			 improper.
(g) The Administrator
			 shall not permit any individual participating in the fact-finding process to
			 engage in improper behavior or tactics which disrupt the fair, orderly,
			 efficient and effective conduct of the process. The Administrator may, at the
			 Administrator's own discretion, take any action the Administrator deems
			 necessary to prevent or discontinue such behavior or tactics, including
			 termination of the process, if such is deemed necessary by the Administrator.
(h) During the fact-finding
			 process, on the Administrator's own motion or on the motion of any interested
			 party, and at the sole discretion of the Administrator, a continuance may be
			 granted for good cause and the record kept open for a specified period of
			 time.
(i) The Administrator may
			 develop and utilize any forms or questionnaires deemed necessary for use in the
			 fact-finding process.
(j) The
			 Administrator shall take all steps necessary to ensure that any party is
			 afforded appropriate opportunity for rebuttal. However, where an employer's
			 participation is limited to a statement and the employer has not indicated an
			 interest in otherwise participating in the fact-finding process, the
			 Administrator shall attempt to contact the employer where there is a clear
			 conflict between the factual accounts offered by each party and adjudication of
			 the fact(s) in dispute is necessary to disposition of the claim. The claimant
			 shall be informed of the information provided by the employer. The claimant
			 shall be provided an appropriate opportunity for rebuttal of any potentially
			 disqualifying information acquired as a result of such contact, regardless of
			 when such information was provided.
(k) The Administrator shall use best efforts
			 to accurately summarize and record in writing the relevant statements of both
			 parties and any witnesses who participated in the fact-flnding and shall
			 further use best efforts to verify that the statement accurately reflects the
			 parties' statements or information presented.
(l) Where either party makes a request, the
			 Administrator shall provide within a reasonable time period, a copy of any
			 adjudicative report created by the Administrator during the fact-flnding
			 process.