Connecticut Administrative Code › Title 1 - Provisions of General Application › 21j - Organization and Rules of Practice › III - RULES OF PRACTICE › Article 2 - CONTESTED CASES › Part 2 - Hearings › Section 1-21j-37 - Rules of evidence

Current through July 10, 2024
The following rules of evidence shall be followed with
						respect to the admission of evidence in all hearings held under the Freedom of
						Information Act and chapter 54 of the general statutes:
(a)
General.
Any oral,
					 documentary or other evidence may be received; but the presiding officer shall,
					 as a matter of policy, exclude irrelevant, immaterial or unduly repetitious
					 evidence. The commission or presiding 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 herein
					 provided.
(b)
Documentary
					 evidence, copies.
Documentary evidence may be received at the discretion
					 of the commission or presiding 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.
Cross examination may be conducted as the
					 presiding officer shall find to be required for a full and true disclosure of
					 the facts.
(d)
Facts noticed,
					 scope and procedure, commission records.
The commission may take
					 administrative notice of judicially cognizable facts, including generally
					 recognized technical or scientific facts within the commission's specialized
					 knowledge and the records, decisions and orders in other commission cases.
					 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, proposed final decisions or otherwise of the material
					 noticed. The commission shall nevertheless employ the commission's 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.
(e)
					 Any testimony or exhibit admitted in evidence in another commission case may be
					 offered as evidence in a subsequent hearing and admitted as an exhibit
					 therein.
(f)
In camera
					 inspection.
The procedure for an in camera inspection of records shall
					 be as follows:
(1) Any party or intervenor
					 may request an in camera inspection of the records claimed to be exempt from
					 disclosure in a contested case; and the presiding officer or the commission may
					 order such an inspection on request, on such presiding officer's or the
					 commission's own initiative, or on remand by a court.
(2) If an in camera inspection is ordered,
					 the party having custody of the records claimed to be exempt from disclosure
					 shall be required to submit a copy of the records together with an in camera
					 inspection index referencing each record, and each item within each record,
					 claimed to be exempt from disclosure. All parties shall be informed of their
					 rights and obligations under these procedures.
(3) In each case in which an in camera
					 inspection is ordered, the presiding officer, a commissioner or an authorized
					 staff member, shall verify that each record submitted for such inspection has
					 been identified by the party having custody of the record by reference to an
					 individual reference number or numbers prescribed by the commission and
					 included in an accompanying in camera inspection index.
(4) In each case in which an in camera
					 inspection is ordered, an in camera inspection index shall be prepared in
					 triplicate by the party having custody of the records submitted for such
					 inspection on forms which shall be provided or approved by the commission. One
					 part of the form shall be given to the party submitting the records as a
					 receipt, indicating the records and date received and the name of the person
					 authorized to receive and sign for such records on behalf of the commission.
					 The receipt shall also certify that neither the records received for in camera
					 inspection, nor their contents, shall be disclosed to any unauthorized person,
					 except as provided by commission or court order and as provided below. The
					 second part of the form shall be retained by the commission and kept for both
					 inventory and decision-making purposes as part of the secure file in which the
					 subject records themselves are kept. The third part of the form shall be
					 retained by the commission as a public record and kept as part of the public
					 file of the contested case. A copy of the completed index form shall be given
					 to all other parties to the proceedings.
(5) It shall be the responsibility of the
					 party submitting records for in camera inspection to certify that the copies of
					 the records so submitted are true copies of the records at issue in the
					 contested case. It shall also be the responsibility of such party to make
					 available for examination and cross-examination at a commission hearing on the
					 matter the official who issued the certification.
(6) After receiving records submitted for in
					 camera inspection, the authorized person who signed the receipt for them on the
					 index on behalf of the commission shall personally deliver the records for
					 storage in a secure commission file.
(7) Ordinarily only commissioners, the
					 presiding officer, the executive director, the managing director and staff
					 counsel are authorized access to inspect records submitted for in camera
					 inspection. In any particular case, however, the presiding officer or the
					 commission may authorize greater or lesser access to such records and the
					 executive director and managing director may authorize greater or lesser access
					 by commission personnel to such records. All persons having access to the
					 records submitted for in camera inspection shall be identified on the related
					 in camera inspection index.
(8) The
					 copying of records submitted to the commission for in camera inspection shall
					 not be permitted. Likewise, no person authorized access to such records may
					 take any notes making reference to specific information contained in such
					 records and claimed to be exempt from disclosure. References to specific
					 records submitted for in camera inspection, or the contents of such records, in
					 proposed final decisions or final decisions shall be by the assigned reference
					 numbers as endorsed on the records themselves or by reference to generic
					 descriptions or characterizations as set forth in the related in camera
					 inspection index or in other public records.
(9) At commission meetings open to the
					 public, all mention of the specific contents of records submitted for in camera
					 inspection shall be avoided. Mention of specific records submitted for in
					 camera inspection, however, may be made by use of the assigned reference
					 numbers as endorsed on the records themselves or by reference to generic
					 descriptions or characterizations as set forth in the related in camera
					 inspection index or in other public records.
(10) If it proves necessary for the
					 commission to discuss the specific contents of records submitted for in camera
					 inspection at one of its meetings, it shall first convene in executive session,
					 as provided by law. Only commissioners and persons authorized access to the
					 subject records and invited by the commission to present testimony or opinion
					 shall attend the executive session, as provided by law.
(11) Unless a court appeal is filed in a
					 particular contested case, the commission shall disclose on request those
					 records in its possession submitted for in camera inspection and ordered
					 disclosed by the commission in that case (A) after the expiration of forty-five
					 (45) days from the mailing of the notice of final decision, or (B) if a request
					 for reconsideration is received by the commission within such 45-day period,
					 after the expiration of forty-five (45) days from the mailing of the notice
					 denying that request or after the expiration of forty-five (45) days from the
					 mailing of the notice of the final decision issued after reconsideration has
					 been granted, as the case may be. If no court appeal is filed, the records
					 submitted for in camera inspection and ordered disclosed shall be transferred
					 from their secure file to the commission's corresponding public file after the
					 expiration of the applicable time period.
(12) Unless a court appeal is filed, after
					 issuing its final decision in a particular contested case, the commission shall
					 notify the party that submitted records for in camera inspection in writing
					 that it may make appropriate arrangements with the commission staff to take
					 possession of such records after the expiration of the operative time periods
					 set forth in subdivision (11) of this subsection. The party taking possession
					 shall be required to sign a receipt for the records returned. If no
					 arrangements are made for the return of such records, the commission shall
					 cause the records to be destroyed any time after the expiration of the time
					 periods for the retention of contested case evidence in the commission's
					 current schedule for the retention and destruction of records, as approved by
					 the state public records administrator.
(13) If a court appeal is filed in a
					 particular contested case, the commission shall notify in writing all known
					 parties to the appeal that, as part of the commission's record to be delivered
					 to the court, the commission intends to deliver the records submitted for in
					 camera inspection. The notice shall also advise the parties that the commission
					 shall not move the court to seal such records, but that other parties may do so
					 if they desire; and that any party seeking to seal the records should notify
					 the commission of its intent to do so before the date by which the commission
					 must certify the record of its proceedings into court. If notified that a
					 motion to seal shall be made, the commission shall not transfer such records
					 until the court makes its determination on the motion.
(14) Records submitted for in camera
					 inspection which form part of a commission record on appeal shall, until
					 delivered to the reviewing court, continue to be kept in their secure file and
					 separately from the remainder of the record on appeal. When the record on
					 appeal is to be delivered to court, a person authorized access to such records
					 on behalf of the commission shall personally deliver such records to the clerk
					 of the applicable court. If the court has ordered such records sealed, such
					 authorized person shall so notify the clerk on delivery.
(15) Records submitted for in camera
					 inspection, returned to the commission by a court and which records were held
					 by the court to be exempt from disclosure shall be returned to their secure
					 file immediately by a person authorized access to such records on behalf of the
					 commission. Any records submitted for in camera inspection, returned to the
					 commission by a court and held by the court to be disclosable shall be placed
					 in the commission's public files. In either case, the commission shall notify
					 the party that submitted such records for in camera inspection in writing that
					 such party may make appropriate arrangements with the commission staff to take
					 possession of those records or they shall be destroyed as provided in
					 subdivision (12) of this subsection.