reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 7 - Description of Organization and Rules of Practice › Article 3 - CONTESTED CASES › Part 2 - Hearing, General Provisions › Section 22-7-28 - Attorney defined

Current through July 10, 2024
As used in these rules, the word "attorney" shall mean an
					 attorney at law, duly admitted to practice before the Superior Court of the
					 State of Connecticut. Any other person who appears before the department in any
					 contested case shall be deemed to have appeared as the agent or representative
					 of a person, firm, corporation or association and, as such, shall file with the
					 written notification of appearance the written authorization of the person,
					 firm, corporation or association being represented and shall be fully bound to
					 proceed in accordance with these rules in the contested case.
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 7 - Description of Organization and Rules of Practice › Article 3 - CONTESTED CASES › Part 2 - Hearing, General Provisions › Section 22-7-29 - Rules of conduct

Current through July 10, 2024
Where applicable, the canons of professional ethics and the
					 canons of judicial ethics adopted and approved by the judges of the Superior
					 Court govern the conduct of the department, state employees serving the
					 department, and all attorneys, agents, representatives, and any other persons
					 who shall appear in any proceeding or in any contested case before the
					 department in behalf of any public or private person, firm, corporation or
					 association.
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 7 - Description of Organization and Rules of Practice › Article 3 - CONTESTED CASES › Part 3 - Hearings, Procedure › Section 22-7-30 - General provisions

Current through July 10, 2024
(a)
Purpose
				  of hearing.
The purpose of the hearing in a contested case shall be to
				  provide to all parties an opportunity to present evidence and argument on all
				  issues to be considered by the department.
(b)
Uncontested disposition of
				  case.
Unless precluded by law, any contested case may be resolved by
				  stipulation, agreed settlement, consent order or default upon order of the
				  commissioner. Upon such disposition a copy of the order of the commissioner
				  shall be served on each party.
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 7 - Description of Organization and Rules of Practice › Article 3 - CONTESTED CASES › Part 3 - Hearings, Procedure › Section 22-7-31 - Record in contested case

Current through July 10, 2024
(a) The record in
				  each contested case shall be maintained by the department in the custody of the
				  commissioner and shall include the following:
(1) any notices, petitions, applications,
				  orders, decisions, motions, briefs, exhibits, and any other documents that have
				  been filed with the department or issued by the department in written form;
(2) all written evidence of any
				  kind received and considered by the department;
(3) a statement of any matters officially
				  noticed by the commissioner including reference to prior decisions and orders
				  of the commissioner;
(4) any
				  questions and offers of proof, together with any objections and rulings thereon
				  during the course of the hearing;
(5) any proposed finding of fact, proposed
				  decisions, supporting memoranda, and exceptions that have been filed by any
				  party;
(6) any memoranda or data
				  submitted by the department staff to the department in connection with the
				  department's consideration of the case;
(7) the transcript of the hearing. The
				  department will not be required to set forth as a separate item any of the
				  foregoing which may have been duplicated and incorporated in some other portion
				  of the record.
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 7 - Description of Organization and Rules of Practice › Article 3 - CONTESTED CASES › Part 3 - Hearings, Procedure › Section 22-7-32 - Filing of added exhibits

Current through July 10, 2024
Upon order of the commissioner before, during or after the
					 hearing of a case, any party shall prepare and file added exhibits and
					 testimony. Notice of the filing of such additional material shall be given to
					 all parties by the party submitting the said material.
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 7 - Description of Organization and Rules of Practice › Article 3 - CONTESTED CASES › Part 3 - Hearings, Procedure › Section 22-7-34 - Order of procedure at hearings

Current through July 10, 2024
The order of procedure at hearings shall be determined by
					 the commissioner and furnished to the parties at the beginning of the hearing.
					 In a case where the opening portion has already been submitted in written form
					 as provided by these rules, the hearing may open with cross-examination of
					 persons who have given written testimony. In the event any person has given
					 written testimony and is not available for such cross-examination at the time
					 and place directed by the department, all of such written testimony may be
					 discarded and removed from the record at the direction of the
					 department.
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 7 - Description of Organization and Rules of Practice › Article 3 - CONTESTED CASES › Part 3 - Hearings, Procedure › Section 22-7-35 - Limiting number of witnesses

Current through July 10, 2024
To avoid unnecessary cumulative evidence, the commissioner
					 may limit the number of witnesses or the time for testimony upon a particular
					 issue in the course of any hearing.
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 7 - Description of Organization and Rules of Practice › Article 3 - CONTESTED CASES › Part 4 - Hearings, Decision › Section 22-7-36 - Filing of proposed findings of facts and briefs

Current through July 10, 2024
At the conclusion of the presentation of evidence in any
					 hearing the commissioner shall fix a time within which any party may file
					 proposed findings of facts and briefs.
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 7 - Description of Organization and Rules of Practice › Article 3 - CONTESTED CASES › Part 4 - Hearings, Decision › Section 22-7-37 - Final decision

Current through July 10, 2024
(a)
Procedure
				  and contests.
All decisions and orders of the commissioner concluding a
				  contested case shall be in writing. The decision shall include all findings of
				  fact and conclusions relied upon by the commissioner in arriving at his
				  decision, the findings of fact and law to be separately stated. The finding of
				  fact shall also set forth a concise and explicit statement of the underlying
				  facts supporting the findings of fact, where appropriate. In any contested case
				  where the commissioner has required any party to submit proposed findings of
				  fact, the decision shall further include a ruling by the commissioner on each
				  proposed finding. In the event, however, that such a proposed finding of fact
				  has been submitted by any party without such requirement or order of the
				  commissioner, then the commissioner's decision may omit a ruling on any
				  findings so proposed.
(b)
Service.
A copy of the decision or order of the commissioner shall
				  be served by mail to each party and to his attorney of record.
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 7 - Description of Organization and Rules of Practice › Article 3 - CONTESTED CASES › Part 4 - Hearings, Decision › Section 22-7-38 - Original records

Current through July 10, 2024
Any person shall, upon direction of the commissioner,
					 furnish and make available for the use of the commissioner the original books,
					 papers and documents on which he has relied. If so directed, or permitted,
					 certified or verified copies shall be furnished in lieu of such original
					 records.
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 7 - Description of Organization and Rules of Practice › Article 4 - MISCELLANEOUS PROCEEDINGS › Part 1 - Petitions Concerning Adoption of Regulations › Section 22-7-39 - General rule

Current through July 10, 2024
These rules set forth the procedure to be followed by the
					 commissioner in the disposition of petitions concerning the promulgation,
					 amendment, or repeal of a regulation.
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 7 - Description of Organization and Rules of Practice › Article 4 - MISCELLANEOUS PROCEEDINGS › Part 1 - Petitions Concerning Adoption of Regulations › Section 22-7-40 - Form of petitions

Current through July 10, 2024
Any interested person may at any time petition the
					 commissioner to promulgate, amend, or repeal any regulation. The petition shall
					 set forth clearly and concisely the text of the proposed regulation, amendment,
					 or repeal. Such petition shall also state the facts and arguments that favor
					 the action it proposes by including such data, facts, and arguments either in
					 the petition or in a brief annexed thereto. The petition shall be addressed to
					 the commissioner and sent to him by mail or delivered in person during normal
					 business hours. The petition shall be signed by the petitioner and shall
					 furnish the address of the petitioner and the name and address of petitioner's
					 attorney, if applicable.
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 7 - Description of Organization and Rules of Practice › Article 4 - MISCELLANEOUS PROCEEDINGS › Part 1 - Petitions Concerning Adoption of Regulations › Section 22-7-41 - Procedure after petition filed

Current through July 10, 2024
(a)
Decision
				  on petition.
Upon receipt of the petition the commissioner 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
				  commissioner denies the petition, he 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 commissioner shall deem
				  appropriate.
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 7 - Description of Organization and Rules of Practice › Article 4 - MISCELLANEOUS PROCEEDINGS › Part 2 - Requests for Advisory Rulings › Section 22-7-42 - General rule

Current through July 10, 2024
These rules set forth the procedure to be followed by the
					 department in the disposition of requests for declaratory rulings as to the
					 applicability of any statutory provision or of any regulation or order of the
					 department. In its discretion the department may hold an informal conference
					 for fact finding purposes relating to such requests. Such a ruling of the
					 department disposing of a petition for a declaratory ruling shall have the same
					 status as any decision or order of the department in a contested
					 case.
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 7 - Description of Organization and Rules of Practice › Article 4 - MISCELLANEOUS PROCEEDINGS › Part 2 - Requests for Advisory Rulings › Section 22-7-43 - Form of petition for advisory ruling

Current through July 10, 2024
Any interested person may at any time request an advisory
					 ruling of the department with respect to the applicability to such person of
					 any statute, regulation or order enforced, administered, or promulgated by the
					 department. Such request shall be addressed to the department and sent to the
					 commissioner by mail or delivered in person during normal business hours. The
					 request shall be signed by the person in whose behalf the inquiry is made. It
					 shall give the address of the person inquiring and the name and address of such
					 person's attorney, if applicable. The request shall state clearly and concisely
					 the substance and nature of the request; it shall identify the statute,
					 regulation or order concerning which the inquiry is made and shall identify the
					 particular aspect thereof to which the inquirty is directed. The request for an
					 advisory ruling shall be accompanied by a statement of any supporting data,
					 facts, and arguments that support the position of the person making the
					 inquiry.
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 7 - Description of Organization and Rules of Practice › Article 4 - MISCELLANEOUS PROCEEDINGS › Part 2 - Requests for Advisory Rulings › Section 22-7-44 - Procedure after petition filed

Current through July 10, 2024
(a)
Notice to
				  other persons.
The commissioner may give notice to any person that such
				  an advisory ruling has been requested and may receive and consider data, facts,
				  arguments, and opinions from persons other than the person requesting the
				  ruling.
(b)
Provision for
				  hearing.
If the commissioner deems a hearing necessary or helpful in
				  determining any issue concerning the request for advisory ruling, the
				  commissioner shall schedule such hearing and give such notice thereof as shall
				  be appropriate. The provisions of article 3 govern the practice and procedure
				  of the department in any hearing concerning an advisory ruling.
(c)
Decision on petition, ruling
				  denied.
If the commissioner determines that an advisory ruling will not
				  be rendered, the commissioner shall within ten (10) days thereafter notify the
				  person so inquiring that the request has been denied and furnish a statement of
				  the reasons on which the commissioner relied in so deciding.
(d)
Decision on petition, ruling
				  granted.
If the commissioner renders an advisory ruling, a copy of the
				  ruling shall be sent to the person requesting it and to that person's attorney,
				  if applicable, and to any other person who has filed a written request for a
				  copy with the commissioner.
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 7 - Description of Organization and Rules of Practice › Article 4 - MISCELLANEOUS PROCEEDINGS › Part 3 - Miscellaneous Provisions › Section 22-7-45 - Intervention under the Environmental Protection Act of 1971

Current through July 10, 2024
Any person or other legal entity authorized by and
					 qualifying under the provisions of Public Act 96 of the 1971 General Assembly
					 to intervene in any proceeding before the department shall do so in accordance
					 with the provisions of these rules and regulations as they may be applicable
					 and as they may hereafter be amended.
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 17a - Living Quarters of Agricultural Workers and Migratory Farm Workers › Section 22-17a-2 - First aid kits for field workers

Current through July 10, 2024
Standard first aid kits shall be kept in every shed where work
				is going on and shall be readily available to all workers.
(See Reg. 19-13-B54.)
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 17a - Living Quarters of Agricultural Workers and Migratory Farm Workers › Section 22-17a-3 - Sanitary requirements for housing of workers

Current through July 10, 2024
(a)
			 Housing shall be constructed in such a manner as to be structurally safe,
			 adequate in size and reasonably easy to keep clean.*
* It is important that the provisions of the state statutes
				relating to fire prevention and safety and all regulations made pursuant
				thereto be complied with.
(b) For new construction, the window area of
			 each room for living quarters, sleeping quarters, preparation of food or mess
			 halls should be at least one-eighth of the floor area and so constructed that
			 at least one-half of the window area may be opened for ventilation. When
			 existing buildings are converted for housing purposes, window area and
			 ventilation shall conform as nearly as possible to the above, but in any case
			 shall meet with approval of the local director of health.
(c) All exterior openings shall be screened
			 with sixteen mesh wire screening on frames except where self-closing devices on
			 doors are maintained in service.
(d) Artificial lighting shall be provided on
			 the basis of one forty watt bulb per one hundred square feet of the floor area
			 and shall be reasonably well distributed.
(e) The floors of buildings shall be
			 constructed in such a manner as to avoid dampness. Wooden floors shall be
			 elevated not less than twelve inches above the normal ground level.
(f) No tents shall be used for housing,
			 except when provided with wood platforms and with prior approval by the local
			 director of health.
(g) Adequate
			 lighting shall be provided for all toilets, hallways, main entrances and fire
			 exits.
(h) Premises shall be kept
			 clean and free of litter and rubbish.
(See Reg. 19-13-B55.)
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 17a - Living Quarters of Agricultural Workers and Migratory Farm Workers › Section 22-17a-4 - Sleeping quarters for workers

Current through July 10, 2024
(a) Sleeping
			 quarters shall be in good structural condition and constructed so as to provide
			 shelter to the occupants against the elements and to exclude
			 dampness.
(b) Beds shall be
			 furnished to all employees; a separate bed shall be provided for each person;
			 single beds shall be set at a minimum of three feet apart; doubledeck beds
			 shall be set at a minimum of four and one-half feet apart, ceiling height above
			 the top mattress shall not be less than thirty-six inches in rooms used prior
			 to June 7, 1960, for this purpose and not less than forty-two inches in the
			 case of construction after said date.
(c) If a room in a lodging or boarding house
			 is overcrowded, the director of health may order the number of persons sleeping
			 or living in such room to be so reduced that there shall not be less than five
			 hundred cubic feet of air to each person over twelve years of age and three
			 hundred cubic feet of air to each child under twelve years of age occupying
			 such room.*
* See G.S. § 19-346.
(d) Male and female boarders or lodgers shall
			 not be housed in the same building, except that female cooks may be allowed to
			 lodge in the same building with boys if suitable privacy can be arranged as to
			 sleeping quarters and bathing and toilet facilities. This may also apply to
			 camp directors and their families.
(e) Sleeping shall not be permitted in
			 kitchens or eating quarters.
(f)
			 Adequate lockers or storage space shall be provided for clothing and personal
			 effects of lodgers. Regular inspections shall be made of the lockers and
			 storage facilities to keep them clean and free from soiled clothing.
(See Reg. 19-13-B56.)
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 17a - Living Quarters of Agricultural Workers and Migratory Farm Workers › Section 22-17a-5 - Bedding in sleeping quarters for workers

Current through July 10, 2024
(a) Blankets,
			 sheets, pillow cases, pillows and mattresses or mattress bags shall be
			 provided.
(b) All bedding shall be
			 maintained in a clean and sanitary condition and its condition shall be the
			 responsibility of the management. The sheets and pillow cases shall be
			 laundered at least once a week. Blankets shall be washed at sufficiently
			 frequent intervals to insure cleanliness and, in any case, shall be washed at
			 least every three months. Blankets shall be washed before use by a new worker.
			 When mattresses, mattress bags or pillows become dirty or discolored, they
			 shall be discarded or cleaned. If mattress bags are provided, the bags shall be
			 washed at least every six months and, in any case, before use by a new worker.
			 The mattress filling shall be changed at the time the bags are
			 washed.
(c) Regular inspections of
			 beds and bedding shall be made for vermin and periodic extermination service
			 provided when necessary.
(See Reg. 19-13-B57.)
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 17a - Living Quarters of Agricultural Workers and Migratory Farm Workers › Section 22-17a-7 - Approved bactericidal processes

Current through July 10, 2024
The following are approved bactericidal processes:
(a) Immersion for at least two minutes in
			 clean, hot water at a temperature of at least 170°F. or for one-half minute
			 in boiling water. Unless actually boiling water is used, an approved
			 thermometer shall be available, convenient to the vat. The pouring of scalding
			 water over washed utensils shall not be accepted as satisfactory compliance;
			 or
(b) Immersion for at least two
			 minutes in a lukewarm chlorine bath containing at least fifty p.p.m. of
			 available chlorine if hypochlorites are used, or a concentration of equal
			 bactericidal strength if chloramines are used. The bath should be made up at a
			 strength of one hundred p.p.m. or more of hypochlorites and shall not be used
			 after its strength has been reduced to fifty p.p.m.; or
(c) Exposure in a steam cabinet equipped with
			 an indicating thermometer located in the coldest zone to at least 170°F.
			 for at least fifteen minutes, or to at least 200°F. for at least five
			 minutes, or
(d) Exposure in a
			 properly designed oven or hot-air cabinet equipped with an indicating
			 thermometer located in the coldest zone to hot air at a temperature of at least
			 180°F. for at least twenty minutes.
(See Reg. 19-13-B58 App.)
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 17a - Living Quarters of Agricultural Workers and Migratory Farm Workers › Section 22-17a-8 - Food for workers

Current through July 10, 2024
(a) Food handlers
			 shall be persons in good health, free from open sores and lesions on the body
			 and free from communicable diseases. (See section 19-13-A22, subsection (q), of
			 the public health code relating to employment of persons with communicable
			 diseases.) All employees shall wear clean outer garments and shall keep their
			 hands clean at all times while engaged in handling food, drink, utensils or
			 equipment. Employees shall not expectorate in rooms in which food is prepared.
			 No employee shall resume work after using the toilet without first washing his
			 hands.
(See Reg. 19-13-A23.)
(b) All food and drink shall be clean,
			 wholesome, free from spoilage and so prepared as to be safe for human
			 consumption. It shall be protected from dust, flies and vermin at all times.
			 All oysters, clams and mussels shall be from approved sources.
(c) Lunches for consumption in the fields
			 shall be put up in securely wrapped wax paper or other nonabsorbent material.
			 Readily perishable food shall be kept at a temperature at or below 50°F.
			 until served.
(d) Milk shall be
			 handled and served in a sanitary manner and not exposed to dust, flies or
			 vermin. Milk shall be kept under satisfactory refrigeration. Only pasteurized
			 or canned milk shall be served.
(e)
			 All meat served shall be from an inspected source.
(f) Sugar shall be stored in a covered
			 container and shall be placed in covered dispensers.
(See Reg. 19-13-B59.)
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 17a - Living Quarters of Agricultural Workers and Migratory Farm Workers › Section 22-17a-9 - Water supply for workers' quarters

Current through July 10, 2024
(a) The supply
			 shall be adequate to furnish at least thirty gallons of water per day per
			 person. Adequate storage to handle peak loads shall be provided. Running water
			 under pressure shall be provided.
(b) Any water supply used or rendered
			 available for drinking and for other personal or domestic purposes shall be
			 obtained from a public water supply or from a properly protected and located
			 ground water supply approved by the local director of health.
(c) All wells, whether drilled and cased, dug
			 or driven, shall be so located, constructed and covered, and the pump so
			 attached, as to prevent pollution of the well. All surface and near surface
			 water shall be excluded from the well, preferably by a concrete platform curb.
			 Provision shall be made for proper drainage of pump pits.
(d) If a ground water supply is used, the
			 source shall not be nearer than one hundred feet to privy vaults, cesspools or
			 other sewage disposal systems.
(e)
			 Springs shall not be considered satisfactory unless amply protected against
			 pollution and so constructed as to meet the requirements of the local director
			 of health.
(f) The bacteriological
			 quality of the water shall be determined by analysis of samples in those cases
			 where the supply has been out of use or where it otherwise appears
			 necessary.
(g) No common drinking
			 cups shall be permitted. Individual paper drinking cups or approved type
			 drinking fountains, conveniently located, shall be provided.
(h) No pipe connections shall be made between
			 a potable water supply and any other water supply.
(See Reg. 19-13-B60.)
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 17a - Living Quarters of Agricultural Workers and Migratory Farm Workers › Section 22-17a-10 - Sewage disposal for workers' quarters

Current through July 10, 2024
(a)
			 Where no municipal disposal system is available, all kitchen, lavatory, toilet,
			 bathhouse and laundry wastes shall be disposed of by running through covered
			 drains to a sub-surface disposal system or otherwise disposed of in a manner
			 approved by the local director of health. In unfavorable seepage soil it may be
			 desirable to install separate systems for toilet wastes and other
			 wastes.
(b) Toilet facilities shall
			 be provided on the basis of one seat for each ten women, or one seat plus one
			 standing urinal or three feet of trough type urinal for each twenty men. If
			 privies are used, standards shall be not less than those required under section
			 22-17a-1.
			 Toilet seats shall be of the open-front type.
(See Reg. 19-13-B61.)
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 17a - Living Quarters of Agricultural Workers and Migratory Farm Workers › Section 22-17a-11 - Lavatory, bathing and laundry facilities for workers' quarters

Current through July 10, 2024
(a) Adequate handwashing, bathing and laundry
			 facilities, with running water of approved quality, shall be provided. Hot
			 water shall be available in adequate quantities.
(b) There shall be provided one lavatory or
			 its equivalent for each fifteen persons or fraction thereof.
(c) Showers shall be provided in these
			 ratios: One shower head for one to ten persons, except that, in case of
			 quarters for less than five workers, a bathtub may be used in place of showers
			 with the approval of the local director of health; two shower heads for eleven
			 to 40 persons; one shower head for each twenty persons or fraction thereof
			 where over forty persons are housed.
(d) There shall be provided one laundry tub
			 for each twenty-five men or one laundry tub for each twenty women, plus
			 adequate facilities for clothes drying.
(e) Shower room floors shall be scrubbed
			 daily with soap and water Swabbing with a chlorine solution having a strength
			 of not less than 0.5% available chlorine is an additional safeguard.
(f) Mats, cloth or other absorptive materials
			 shall not be placed on bathroom floors or shower room floors.
(g) Duck boards shall not be used in shower
			 rooms.
(h) Each shower room or
			 bathroom shall be adequately ventilated by freely opening windows that shall be
			 screened with sixteen mesh wire screen.
(i) Use of common towels shall not be
			 permitted.
(See Reg. 19-13-B62.)
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 17a - Living Quarters of Agricultural Workers and Migratory Farm Workers › Section 22-17a-12 - Refuse disposal for workers' quarters

Current through July 10, 2024
Metal cans with tight fitting covers or other method of storage
				approved by the local director of health shall be provided to store rubbish
				pending collection and final disposal. Refuse shall be hauled away as necessary
				and disposed of so as not to create a nuisance. Rubbish cans shall be stored in
				the manner outlined for storage of garbage cans.
(See Regs. 19-13-B63; 22-17a-6(h).)
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 26gg - Agricultural Lands Preservation › Section 22-26gg-20 - Definitions

Current through July 10, 2024
Any words, terms or phrases used in this section and sections
				22-26gg-21 to
				22-26gg-35, inclusive, of the
				Regulations of Connecticut State Agencies have the meanings assigned to them in
				this section and Chapter 422a of the Connecticut General Statutes.
(1) "Applicant " means the fee simple owner
			 of agricultural land, or a person or entity lawfully empowered to exercise the
			 rights of the fee simple owner that chooses to voluntarily offer to sell the
			 development rights of such agricultural land;
(2) "Community farms preservation program"
			 means the program established pursuant to section 22-26nn of the Connecticut
			 General Statutes for the preservation of farmland;
(3) "Farmland preservation program" means the
			 program established pursuant to section 22-26cc of the Connecticut General
			 Statutes for the acquisition of development rights to agricultural
			 land;
(4) "Farm roads" means
			 unpaved lanes used for access to interior portions of restricted agricultural
			 lands by farm machinery for agricultural planting, maintenance, and harvesting
			 operations;
(5) "Locally important
			 farmland soils" means soils defined and classified by the USDA NRCS as being of
			 local importance for the production of food, feed, fiber, and forage
			 crops;
(6) "NRCS" means the Natural
			 Resources Conservation Service of the USDA;
(7) "Project" means an application by an
			 applicant who voluntarily offers the development rights to certain agricultural
			 land for purchase by the Commissioner of Agriculture and project partners, if
			 any, through the farmland preservation program or the community farms
			 preservation program;
(8) "Project
			 partner" means a municipality jointly purchasing development rights to
			 agricultural land, in accordance with section 22-26cc(e) or 22-26nn(f) of the
			 Connecticut General Statutes, or a nonprofit organization jointly acquiring
			 development rights to agricultural land, in accordance with section 22-26cc(g)
			 or 22-26nn(h) of the Connecticut General Statutes;
(9) "Residential driveway" means unpaved or
			 paved access from a public road to a residence located on restricted
			 agricultural lands;
(10) 'statewide
			 important farmland soils" means soils defined and classified by the USDA NRCS
			 as being of statewide importance for the production of food, feed, fiber, and
			 forage crops; and
(11) "USDA" means
			 the United States Department of Agriculture.
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 26gg - Agricultural Lands Preservation › Section 22-26gg-21 - Application

Current through July 10, 2024
Any applicant who wishes to apply under the farmland
				preservation program, or apply under the community farms preservation program
				upon determination of ineligibility under the farmland preservation program, to
				enter into an agreement with the Commissioner and project partners, if
				applicable, for the purchase of the development rights of the applicant's
				agricultural land, shall do so on a form provided by the
				Department.
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 26gg - Agricultural Lands Preservation › Section 22-26gg-22 - Procedure for Applicants to Voluntarily Apply to Convey the Development Rights of their Agricultural Land to the Department through the Farmland Preservation Program

Current through July 10, 2024
(a) An applicant
			 shall apply to the farmland preservation program on a form provided by the
			 Department, and provide the following information:
(1) the full legal name(s) of the
			 applicant(s);
(2) any property
			 title deed references in municipal land records;
(3) copies of municipal tax assessor maps and
			 field cards of the property;
(4)
			 the location, the total acreage, and acreage in active cropland of the
			 property;
(5) any prime farmland,
			 statewide and locally important farmland soils map of the property;
(6) a description of agricultural
			 infrastructure, including buildings, other structures, water and other
			 utilities;
(7) any marketing
			 information for selling agricultural products produced on the
			 property;
(8) a copy of any
			 conservation plan, current farm business plan, leases, and recent grant awards
			 from the Department, the USDA or other source; and
(9) such other information as may be
			 requested by the Commissioner.
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 26gg - Agricultural Lands Preservation › Section 22-26gg-23 - Procedure for Applicants to Voluntarily Apply to Convey the Development Rights of their Agricultural Land to the Department through the Community Farms Preservation Program

Current through July 10, 2024
(a) An applicant
			 shall apply to the community farms preservation program on a form provided by
			 the Department, and provide the following information:
(1) the full legal name(s) of the
			 applicant(s);
(2) any property
			 title deed references in municipal land records;
(3) copies of municipal tax assessor maps and
			 field cards of the property;
(4)
			 the location, the total acreage, and acreage in active cropland of the
			 property;
(5) the amount of
			 cropland of the property available for food or fiber production;
(6) any prime farmland, statewide and locally
			 important farmland soils map of the property;
(7) a description of agricultural
			 infrastructure, including buildings, other structures, water and other
			 utilities;
(8) a copy of any
			 conservation plan, current farm business plan, leases, and recent grant awards;
			 and
(9) such other information as
			 may be requested by the Commissioner.
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 26gg - Agricultural Lands Preservation › Section 22-26gg-24 - Scoring Values for Farmland Preservation Program Projects

Current through July 10, 2024
The Commissioner shall use the following scoring values when
				considering applications for inclusion in the farmland preservation program. A
				minimum total score of 65 points from subsections (a) to (j), inclusive, of
				this section is required for any further consideration by the
				Commissioner.
PROBABILITY OF LAND BEING SOLD FOR NON-AGRICULTURAL
				PURPOSES
(The combined point totals of subsections (a), (b), (c) and (d)
				of this section shall not exceed 20 points.)
(a) Municipal population change occurring
			 over the previous ten years (maximum of 5 points allowed in this subsection):
none or decrease
0 points
0.01 - 0.99% increase
1 point
1.00 - 1.99% increase
2 points
2.00 - 2.99% increase
3 points
3.00 - 4.99% increase
4 points
5.00% or greater
5 points
(b)
			 Amount of farmland or open space converted to non-agricultural uses within the
			 municipality over the previous five years (per property sales and changes to
			 land designation under sections 12-107a to 12-107f, inclusive, of the
			 Connecticut General Statutes, from a municipal tax assessor) (maximum of 5
			 points allowed in this subsection):
none
0 points
0.01 - 49.99 acres
1 point
50 - 99.99 acres
2 points
100 - 149.99 acres
3 points
150 - 199.99 acres
4 points
200 acres or more
5 points
(c)
			 Amount of cumulative road frontage, according to municipal tax assessment, or
			 municipal or regional council of government assessment of potential interior
			 road frontage, based on current zoning (maximum of 5 points allowed in this
			 subsection):
0 - 149.99 feet
0 points
150 - 299.99 feet
1 point
300 - 449.99 feet
2 points
450 - 599.99 feet
3 points
600 - 749.99 feet
4 points
750 feet or more
5 points
(d)
			 Estate planning, farm business planning, existing leases (Only one selection
			 possible. Maximum of 10 points allowed in this subsection):
(1) Offered farmland is being farmed by the
			 owner with an existing farm business plan (10 points)
(2) Existing estate planning or settlement
			 directing assets to the next generation of farmers (10 points)
(3) Owner actively seeking a farmer as a
			 buyer through Connecticut Farmlink, or will be selling to current farm lessee
			 (10 points)
(4) Offered farmland is
			 subject to a written lease held by an agricultural producer for at least five
			 years (7 points)
(5) Offered
			 farmland is subject to a written lease held by an agricultural producer for a
			 duration of one year to four years eleven months (4 points)
CURRENT PRODUCTIVITY AND LIKELIHOOD OF CONTINUED
				PRODUCTIVITY FOR AGRICULTURE, MITIGATION OF FLOOD HAZARDS
(Maximum of 20 combined points allowed in subsections (e) and
				(f) of this section.)
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 26gg - Agricultural Lands Preservation › Section 22-26gg-25 - Scoring Values for Community Farms Preservation Program Projects

Current through July 10, 2024
The Commissioner shall use the following scoring values when
				considering applications for inclusion in the community farms preservation
				program established pursuant to section 22-26nn of the Connecticut General
				Statutes. A minimum total score of 70 points from subsections (a) to (j),
				inclusive, of this section, is required for further consideration by the
				Commissioner.
SUITABILITY OF THE LAND FOR AGRICULTURAL USE
(Combined point totals of subsections (a) and (b) of this section shall not
				exceed 25 points)
(a) One point for
			 each acre of land offered that is classified as having prime farmland, or
			 statewide or locally important farmland soils (maximum of 15 points allowed in
			 this subsection).
(b) The offered
			 farmland meets the criteria for USDA farmland preservation funding program, or
			 other equivalent federal cost-share program (10 points).
PROBABILITY THAT THE LAND WILL BE SOLD FOR
				NON-AGRICULTURAL PURPOSES
(Combined point totals of subsections (c),
				(d), and (e) of this section, shall not exceed 25 points):
(c) Municipal population change occurring
			 over the previous ten years (maximum of 5 points allowed in this subsection):
none or decrease
0 points
0.01 - 0.99% increase
1 point
1.00 - 1.99% increase
2 points
2.00 - 2.99% increase
3 points
3.00 - 4.99% increase
4 points
5% or greater
5 points
(d)
			 Amount of farmland, forest land, or open space converted to non-agricultural
			 uses within the municipality over the previous five years (per property sales
			 and changes to land designation under sections 12-107a to 12-107f, inclusive,
			 of the Connecticut General Statutes, from a municipal tax assessor) (maximum of
			 10 points allowed in this subsection):
none
0 points
0.01 - 49.99 acres
2 points
50 - 99.99 acres
4 points
100 - 149.99 acres
6 points
150 - 199.99 acres
8 points
200 acres or more
10 points
(e)
			 Estate planning, farm business planning, existing leases (Only one selection
			 possible. Maximum of 10 points allowed in this subsection):
(1) Offered farmland is being farmed by the
			 owner with an existing farm business plan (10 points)
(2) Existing estate planning or settlement
			 directing assets to the next generation of farmers (10 points)
(3) Owner actively seeking a farmer as a
			 buyer through Connecticut Farmlink, or will be selling to current farm lessee
			 (10 points)
(4) Offered farmland is
			 subject to a written lease held by an agricultural producer for at least five
			 years (7 points)
(5) Offered
			 farmland is subject to a written lease held by an agricultural producer for a
			 duration of one year to four years eleven months (4 points)
THE CURRENT PRODUCTIVITY AND THE LIKELIHOOD OF CONTINUED
				PRODUCTIVITY OF THE FARMLAND
(Combined point totals of subsections (f),
				(g) and (h) of this section shall not exceed 25 points)
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 26gg - Agricultural Lands Preservation › Section 22-26gg-26 - Evaluations of Applications by the Commissioner. Notification of Project Status. Configuration Agreement

Current through July 10, 2024
(a) The
			 Commissioner shall evaluate an application in accordance with the requirements
			 of section 22-26cc(a) of the Connecticut General Statutes, and section
			 22-26gg-24 of the Regulations of
			 Connecticut State Agencies for the farmland preservation program.
(b) If the Commissioner rejects an
			 application under the farmland preservation program, the Department shall
			 notify the applicant in writing. Such notification shall include the reason for
			 rejection. The Commissioner shall notify any applicable project partner of any
			 project which has been rejected.
(c) If applicable, and requested by the
			 applicant, the Commissioner shall evaluate an application in accordance with
			 the requirements of section 22-26nn(b) of the Connecticut General Statutes, and
			 section 22-26gg-25 of the Regulations of
			 Connecticut State Agencies for the community farms preservation
			 program.
(d) If the Commissioner
			 rejects an application under the community farms preservation program, the
			 Department shall notify the applicant in writing. Such notification shall
			 include the reason for rejection. The Commissioner shall notify any applicable
			 project partner of any project which has been rejected.
(e) Based on the application, the applicable
			 scoring value evaluation provided for by either section
			 22-26gg-24 or
			 22-26gg-25 of the Regulations of
			 Connecticut State Agencies, and in accordance with sections 22-26cc and 22-26nn
			 of the Connecticut General Statues, the amount of agricultural land designated
			 for further consideration as a project acquisition for the farmland
			 preservation program or the community farms preservation program, shall be
			 negotiated and mutually agreed upon between the Commissioner or the
			 Commissioner's designee, and the applicant through a signed configuration
			 agreement.
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 26gg - Agricultural Lands Preservation › Section 22-26gg-27 - Evaluations of Projects by the Commissioner

Current through July 10, 2024
(a) Once a
			 project has a signed configuration agreement, the Commissioner may request the
			 Office of the Attorney General to assign an outside attorney to prepare and
			 provide to the Commissioner a title report including chain of title,
			 preliminary certificate of title, and list of any existing easements or
			 encumbrances.
(b) Upon receipt and
			 review of a preliminary title report, the Commissioner may acquire one or more
			 appraisals to assess the value of the development rights, or reject the project
			 based on title encumbrances, defects, or other legal or financial
			 considerations.
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 26gg - Agricultural Lands Preservation › Section 22-26gg-28 - Appraisals of Value of Development Rights. Qualified Appraisers. Determination by Commissioner. Notification

Current through July 10, 2024
(a) The value
			 of development rights for project acreage shall be determined by one or more
			 appraisers, which appraisers shall be licensed by the Department of Consumer
			 Protection and selected by the Commissioner. No appraisal shall be performed at
			 the Commissioner's expense unless the appraisal has been previously approved in
			 writing by the Commissioner.
(b)
			 Project partners, at their own expense, may have projects appraised by one or
			 more appraisers. Such appraisals may be submitted to the Commissioner for
			 review and consideration, provided the appraisals are performed consistent with
			 the requirements of subsection (a) of this section.
(c) Applicants, at their own expense, may
			 have their project appraised by one or more appraisers. Such appraisals shall
			 be considered by the Commissioner, provided that the appraisals are performed
			 consistent with the requirements of subsection (a) of this section.
(d) Final determination of the value of
			 development rights for project acreage shall be determined by the Commissioner
			 in accordance with section 22-26cc or 22-26nn of the Connecticut General
			 Statutes, as applicable.
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 26gg - Agricultural Lands Preservation › Section 22-26gg-29 - Share of State of Connecticut Contributions for Joint Purchase with a Project Partner of Development Rights

Current through July 10, 2024
(a) The state may
			 require a contribution for any project with any project partner project. The
			 contribution may include any federal funding, municipally sourced funding, and
			 private contributions.
(b) The
			 Commissioner shall set aside available funds as projects are approved after the
			 value of development rights for such projects have been determined by
			 appraisals acceptable to the Commissioner.
(c) The combined total of all cost-share
			 contributions to a purchase of development rights cannot exceed the value of
			 development rights, as determined by the property appraisal reviewed by the
			 Commissioner.
(d) In no event shall
			 the state pay more per acre of land subject to deeded development rights
			 restrictions than permitted by section 22-26gg of the Connecticut General
			 Statutes.
Connecticut Administrative Code › Title 22 - Agriculture. Domestic Animals › 26gg - Agricultural Lands Preservation › Section 22-26gg-30 - Agreement for the Joint Acquisition of Development Rights with Project Partner

Current through July 10, 2024
(a) After the
			 Commissioner's determination of the value of development rights for the project
			 acreage, but prior to offering to purchase the development rights from an
			 applicant, the Commissioner and each project partner, if any, shall enter into
			 a written agreement. Such agreement shall specifically include, at a minimum,
			 the following:
(1) Available USDA or other
			 federal funding contribution for the project, if applicable;
(2) Maximum contribution for joint purchase
			 of development rights to be provided by the state;
(3) Minimum contribution for joint purchase
			 of development rights to be provided by each project partner through
			 municipally sourced funding, and private contributions, as
			 applicable;
(4) The proposed
			 development rights ownership interest of each project partner, as
			 applicable;
(5) The representative
			 of each project partner authorized to negotiate with the Department and the
			 applicant for purchase of development rights;
(6) A procedure for the adjustment of price
			 based on an A-2 survey acreage adjustment; and
(7) The monitoring of the development rights
			 deed restrictions by the Department and each project partner, as
			 applicable.