Connecticut Administrative Code › Title 10 - Education and Culture › 76 - Children Requiring Special Education › Section 10-76h - Due process › Section 10-76h-8 - Motion practice

Current through July 10, 2024
(a) A party may
				request that a hearing officer rule on a motion or take any action consistent
				with relevant statutes or regulations. Motions shall not be used to delay or
				protract any proceeding. Dilatory motions are prohibited.
(b) After a party files a hearing request,
				written motions may be filed with the hearing officer. Each motion shall set
				forth the reasons for the desired ruling or action and shall also state whether
				a hearing on the motion is requested.
(c) Written motions may be sent by certified
				mail, overnight mail, facsimile transmission, other courier or recognized
				package or delivery service, to all parties and the hearing officer
				simultaneously. Except as provided in subdivisions (1), (2) and (4) of
				subsection (f) of this section, not later than seven days after the hearing
				officer receives a written motion, any party may file written objections to the
				allowance of the motion and may request a hearing on the motion.
(d) If, in the discretion of the hearing
				officer, a hearing on a motion is warranted, the hearing officer shall give all
				parties at least three days notice of the time and place for hearing. The
				hearing officer may rule on a motion without holding a hearing if a delay would
				seriously injure a party; if testimony or oral argument would not advance the
				hearing officer's understanding of the issues involved; or if a ruling without
				a hearing would best serve the public interest.
(e) At a hearing on a motion, the hearing
				officer may allow such evidence as, in the discretion of the hearing officer,
				is relevant to the particular motion. This evidence may consist of facts that
				are supported by an affidavit; appear in the documentary evidence submitted for
				the hearing; or, are presented by sworn testimony.
(f) Motions properly before the hearing
				officer include, but are not limited to, the following:
(1) Motion to recuse: A party to a hearing
				may file a motion to recuse. A motion to recuse shall be based on an assertion
				of bias, or a personal or professional interest that may conflict with the
				objectivity of the hearing officer in the conduct or disposition of the
				hearing. The hearing officer shall respond to the motion within five business
				days of its receipt. If the hearing officer grants the motion, or otherwise
				recuses himself, the hearing officer shall immediately notify the due process
				unit and the parties. In such a case the due process unit shall appoint a new
				hearing officer within one business day of the receipt of the notice of the
				granted motion.
(2) Motion to
				dismiss: A party to a hearing may file a motion to dismiss in order to contest
				the jurisdiction of the hearing officer. The motion shall be accompanied by a
				memorandum of law and filed with the hearing officer, and with the other party.
				The party opposing the motion to dismiss shall be allowed seven business days
				after the hearing officer receives the motion to dismiss to file an amended
				hearing request prior to the hearing officer's consideration of the motion to
				dismiss, provided all other requirements contained in Sections
				10-76h-3
				and
				10-76h-4
				of the Regulations of Connecticut State Agencies are met.
(3) Motion to consolidate: When hearings
				involving the same child are pending, the hearing officer, upon motion of
				either party and after consultation with and agreement by any other hearing
				officer involved with the same child in hearings involving common questions of
				law or fact, may order a single hearing of any or all matters at issue in the
				hearings. The hearing officer may order all the hearings consolidated and may
				make such orders concerning proceedings therein as may tend to avoid
				unnecessary costs or delay.
(4)
				Motion to clarify the findings or decision of the hearing officer: A party may
				file a motion for clarification of the findings or decision of the hearing
				officer no later than 20 business days after the decision is issued, after
				which no such motion shall be considered by the hearing officer. The hearing
				officer shall have 10 business days to mail a written response to the motion.
				The motion to clarify shall not serve to stay the implementation of the hearing
				officer's decision. A motion for clarification shall serve to toll the time for
				appeal of the hearing officer's final decision. The time to appeal shall run
				from the date of mailing of the decision of the hearing officer on the motion
				to clarify.