Connecticut Administrative Code › Title 9 - Elections › 7b - Organization and Rules of Practice › II - Description Of Organization › Section 9-7b-8 - Hearing officers

Current through July 10, 2024
(a) The Commission,
				by its chairperson, may designate a member of the Commission or the Executive
				Director or Deputy Director of the Commission to be a hearing officer for the
				purpose of conducting any contested case the Commission shall conduct under the
				authority of Section
				9-7b
				and Chapter 54 of the General Statutes, provided that, in the event the
				Executive Director or Deputy Director of the Commission is designated as a
				hearing officer, he or she shall not personally carry out any of the functions
				of an investigator in such contested case. The appointment of hearing officers
				for cases heard under the federal Help America Vote Act shall be governed by
				Section
				9-7b-93 of the
				Regulations of Connecticut State Agencies.
(b) By such designation the hearing officer
				shall be empowered to exercise on behalf of the Commission all of the authority
				to conduct a contested case, hearing or other proceeding delegated to the
				Commission under Section
				9-7b
				and Chapter 54 of the General Statutes within the limits hereinafter set forth.
(1) The hearing officer shall convene and
				conduct all hearings required by law within the scope of the Commission's
				designation.
(2) A member of the
				Commission's staff may provide technical assistance to the hearing officer and
				to the Commission. The person designated to provide such technical assistance
				may act as legal and procedural advisor, subject to the direction of the
				hearing officer. The designation of a member of the Commission's staff to serve
				in such capacity shall not in any way diminish the authority of the hearing
				officer.
(3) The hearing officer
				shall administer oaths, examine witnesses, receive oral and written evidence,
				rule on the admissibility of evidence, rule on the order in which the hearing
				is conducted and on all other aspects of its conduct on behalf of the
				Commission. Upon conclusion of the hearing, the hearing officer shall submit a
				proposed final decision to the Commission which shall contain the hearing
				officer's recommended findings of fact, conclusions of law and a recommended
				order.
(4) In the event the hearing
				officer finds it necessary to subpoena witnesses to compel their attendance or
				testimony, or the production of evidence for examination, the hearing officer
				is authorized to order on behalf of the Commission the issuance of such
				subpoena as is required for purposes of the hearing. Such subpoena may be
				signed on behalf of the hearing officer by the executive director or managing
				director. In the case of the failure to comply with the subpoena or to testify
				with respect to any matter at the hearing, investigation or other proceeding,
				the hearing officer shall report to the Commission the need to seek enforcement
				of the Commission's authority under Section
				9-7b
				of the General Statutes. Upon a majority vote of a quorum of the Commission,
				the executive director and general counsel shall be empowered to take such
				action to enforce the subpoena or to compel testimony as may be provided by
				law.