reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article I - Description of Organization and Public nformation › Section 10-392-6 - Public information

Current through July 10, 2024
The public may inspect regulations, declaratory rulings and
				  public records of the Connecticut Commission on Culture and Tourism at its
				  offices in Hartford. There is no prescribed form for requests for information
				  although all such requests must be in writing. Requests should be submitted to
				  the Connecticut Commission on Culture and Tourism at the address set forth in
				  section
				  10-392-5 of the
				  Regulations of Connecticut State Agencies. All such requests for information
				  should be sufficiently specific to allow facile identification of the matters
				  or materials requested.
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article II - Rules of Practice › Part I - -Scope and Construction of Rules › Section 10-392-7 - Procedure governed

Current through July 10, 2024
Sections 10-392-7 through
					 10-392-37,
					 inclusive, of the Regulations of Connecticut State Agencies govern practice and
					 procedure before the executive director of the Commission on Culture and
					 Tourism, or before any individual to whom the executive director's authority
					 may be lawfully delegated under the applicable laws of the State of
					 Connecticut.
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article II - Rules of Practice › Part I - -Scope and Construction of Rules › Section 10-392-8 - Waiver of rules

Current through July 10, 2024
Where good cause is shown, the executive director or any
					 lawful delegatee may permit deviation from sections
					 10-392-7
					 through
					 10-392-37,
					 inclusive, of the Regulations of Connecticut State Agencies, except where
					 precluded by law.
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article II - Rules of Practice › Part I - -Scope and Construction of Rules › Section 10-392-9 - Construction and amendment

Current through July 10, 2024
Sections
					 10-392-7
					 through
					 10-392-37,
					 inclusive, of the Regulations of Connecticut State Agencies shall be construed
					 by the executive director or any lawful delegatee so as to secure just and
					 speedy determination of the matter or issues presented. Amendments and
					 additions to sections
					 10-392-7
					 through
					 10-392-37,
					 inclusive, of the Regulations of Connecticut State Agencies may be adopted by
					 the executive director by being duly promulgated as regulations in accordance
					 with Chapter 54 of the Connecticut General Statutes.
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article II - Rules of Practice › Part I - -Scope and Construction of Rules › Section 10-392-10 - Computation of time

Current through July 10, 2024
Computation of any period of time referred to in sections
					 10-392-7
					 through
					 10-392-37,
					 inclusive, of the Regulations of Connecticut State Agencies, begins with the
					 first day following that on which the act which initiates such period of time
					 occurs and ends on the last day of the period so computed. This last day of
					 that period is to be included unless it is a day on which the commission
					 offices are closed, in which event the period shall run until the end of the
					 next following business day. When such period of time, with the intervening
					 Saturdays, Sundays, and legal holidays counted, is five (5) days or less, the
					 said Saturdays, Sundays, and legal holidays shall be excluded from the
					 computation; otherwise, such days shall be included in the
					 computation.
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article II - Rules of Practice › Part I - -Scope and Construction of Rules › Section 10-392-11 - Extension of time

Current through July 10, 2024
Except where mandated by statute, the executive director or
					 any lawful delegatee, may extend the time limit allowed or prescribed by
					 sections
					 10-392-7
					 through
					 10-392-37,
					 inclusive, of the Regulations of Connecticut State Agencies, for good cause.
					 All requests for extensions shall be made before the expiration of the period
					 originally allowed or prescribed or as previously extended. The executive
					 director, or any lawful delegatee, shall cause all parties to be notified of
					 the decision upon any such request for an extension.
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article II - Rules of Practice › Part I - -Scope and Construction of Rules › Section 10-392-12 - Effect of filing

Current through July 10, 2024
(a)
Obligation to comply.
The filing with the executive director of
				  any application, petition, complaint, request for declaratory ruling, or any
				  other filing of any nature whatsoever shall not relieve any person or entity of
				  the obligation to comply with any statute, regulation or order of the
				  commission.
(b)
Non-waiver.
Unless the executive director or any lawful delegatee
				  otherwise specifies in an express written waiver, by accepting the filing of
				  any petition, application, exhibit or document of any kind whatsoever, the
				  commission shall not have waived any failure to comply with sections
				  10-392-7
				  through
				  10-392-37,
				  inclusive, of the Regulations of Connecticut State Agencies or any other duly
				  adopted commission regulation.
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article II - Rules of Practice › Part I - -Scope and Construction of Rules › Section 10-392-13 - Consolidation of proceedings

Current through July 10, 2024
Two or more proceedings involving related questions of law
					 or fact may be consolidated upon the determination of the executive director or
					 any lawful delegatee.
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article II - Rules of Practice › Part 2 - Formal Requirements › Section 10-392-14 - Date of filing

Current through July 10, 2024
All orders, decisions, findings of fact, correspondence,
					 petitions, applications, motions and any other documents shall be deemed to
					 have been filed or received on the date on which they are received by the
					 executive director at the commission's principal office as set forth in section
					 10-392-5 of the
					 Regulations of Connecticut State Agencies.
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article II - Rules of Practice › Part 2 - Formal Requirements › Section 10-392-15 - Signatures

Current through July 10, 2024
Every application, petition, notice, brief, motion and
					 recommendation filed with the commission shall be signed by the filing person
					 or by the filing person's or entity's attorney.
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article II - Rules of Practice › Part 2 - Formal Requirements › Section 10-392-16 - Formal requirements as to documents and other papers filed in proceedings

Current through July 10, 2024
(a)
Copies.
Except for routine correspondence and inquiries by the
				  public, and as may be otherwise required by sections
				  10-392-7
				  through
				  10-392-37,
				  inclusive, of the Regulations of Connecticut State Agencies, or by any other
				  regulations of the commission adopted pursuant to the provisions of Chapter 54
				  of the Connecticut General Statutes or as ordered or expressly requested by the
				  executive director or any lawful delegatee, at the time petitions, motions,
				  applications, documents, or other papers are filed with the commission, there
				  shall be furnished to the commission the original of such papers. In addition
				  to the original there shall also be filed three (3) copies of such submission
				  unless a greater number of copies is requested by the executive director or any
				  lawful delegatee.
(b)
Filing.
All papers relating to matters requiring action by the
				  executive director shall be filed with the commission at its principal office
				  as set forth in section
				  10-392-5 of the
				  Regulations of Connecticut State Agencies.
(c)
Noncompliance.
In the event
				  of failure to comply with the provisions of this section, such noncompliant
				  papers may be returned by the executive director or any lawful
				  delegatee.
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article II - Rules of Practice › Part 2 - Formal Requirements › Section 10-392-17 - Service of papers

Current through July 10, 2024
(a)
General
				  rule.
Service of all documents and papers filed in all commission
				  proceedings shall be by personal delivery, facsimile, or first class mail,
				  unless otherwise ordered by the executive director or any lawful
				  delegatee.
(b)
On whom
				  served.
In addition to the filing of such original and copies as
				  provided in subsection
				  10-392-16(a)
				  of the Regulations of Connecticut State Agencies by the person or entity
				  filing, one copy shall be served on each person or entity that has been
				  designated a party in any commission proceedings. Certification of such service
				  shall be endorsed on all papers filed with the commission.
(c)
Service by the commission.
A
				  copy of any documents or other papers served by the commission showing the
				  addresses to whom the document or other paper was mailed or sent by means of
				  facsimile or other form of electronic delivery shall be placed in the
				  commission's files and shall be prima facie evidence of such service and the
				  date thereof.
(d)
Service as
				  written notice.
Written notice of all orders, decisions or
				  authorizations issued by the commission shall be given to the party affected
				  thereby and to such other persons or entities the commission may deem
				  appropriate by personal delivery, first class mail, facsimile or other
				  electronic means of delivery as the commission may determine.
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article III - Contested Case Hearings › Part I - Parties, ntervention and Participation › Section 10-392-18 - Designation of parties

Current through July 10, 2024
In issuing a notice of hearing, the executive director or
					 any lawful delegatee will designate as parties those persons and entities known
					 to them whose legal rights, duties or privileges are being determined in a
					 contested case and any person whose participation as a party is then deemed
					 necessary to the proper disposition of such proceeding. All other persons
					 proposing to be named or admitted as parties shall apply for such designation
					 in the manner herein after described. No other person or entity shall be or
					 have standing before the commission as a party within the definition of section
					 4-166(8)
					 of the Connecticut General Statutes.
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article III - Contested Case Hearings › Part I - Parties, ntervention and Participation › Section 10-392-19 - Application to be designated a party

Current through July 10, 2024
(a)
Filing of
				  petition.
Any other person that proposes to be designated or admitted as
				  a party to any commission proceeding, as defined by section
				  4-166(8)
				  of the Connecticut General Statutes, shall file a written petition to be so
				  designated not later than five (5) days before the date of the
				  proceeding.
(b)
Contents of
				  petition.
The petition to be designated a party shall state the name and
				  address of the petitioner. It shall describe the manner in which the petitioner
				  claims to be substantially and specifically affected by the proceeding. It
				  shall state the contention of the petitioner concerning the issue of the
				  proceedings, the relief sought by the petitioner, the statutory or other
				  authority therefore, and a summary of any evidence that the petition intends to
				  present in the event that the petition is granted.
(c)
Designation as party.
The
				  executive director or any lawful delegatee presiding shall consider all such
				  petitions and shall designate or admit as a party any person or entity whose
				  legal rights, duties, or privileges will be determined by the decision of the
				  commission after the hearing if the petitioner is entitled as of right to the
				  designated a party or if the participation of the petitioner as a party is
				  necessary to the proper disposition of such proceeding.
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article III - Contested Case Hearings › Part I - Parties, ntervention and Participation › Section 10-392-20 - Participation by nonparties

Current through July 10, 2024
(a)
Requests
				  to participate.
At any time prior to the commencement of testimony in
				  any hearing any person may request that the executive director or any lawful
				  delegatee presiding over the hearing permit that person or entity to
				  participate in the proceeding. Any person or entity not a party that is so
				  permitted to participate in the proceeding will be identified as an intervenor
				  in the proceeding.
(b)
Contents of request.
The request of the proposed intervenor shall
				  state such person's name and address and shall describe the manner in which
				  that person is affected by the proceeding. The proposed intervenor shall
				  further state in what way and to what extent he will participate in the
				  proceeding, and shall summarize any evidence that is intended to be
				  offered.
(c)
Designation as
				  intervenor.
The executive director or any lawful delegatee presiding
				  shall act to determine the proposed internvenor's participation in the hearing,
				  taking into account whether or not such participation will furnish assistance
				  to the commission in resolving the issues of the proceeding. The presiding
				  officer may grant the request if it is found that the proposed participation as
				  an intervenor will add evidence or arguments as to the issues presented that
				  otherwise would not be available to the commission.
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article III - Contested Case Hearings › Part I - Parties, ntervention and Participation › Section 10-392-21 - Participation by persons admitted to participate as intervenors

Current through July 10, 2024
The intervenor's participation shall be limited to those
					 particular issues, that stage of the proceeding, and that degree of involvement
					 in the presentation of evidence and argument which the presiding officer shall
					 permit at the time such intervention is allowed, and thereafter by express
					 order upon further application by the said intervenor.
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article III - Contested Case Hearings › Part I - Parties, ntervention and Participation › Section 10-392-22 - Status of party and of intervenor as party in interest

Current through July 10, 2024
(a)
Party as party in interest.
By the decision in a contested case
				  the commission shall dispose of the legal rights, duties and privileges of each
				  party designated or admitted to participate as a party in the proceeding. Each
				  such party shall be deemed to be a party in interest who may be aggrieved by
				  any final decision, order or ruling of the commission.
(b)
Status of a nonparty that has been
				  admitted to participate.
Status of a nonparty or as an intervenor shall
				  not be deemed to be an expression by the commission that the person or entity
				  permitted to intervene is a party in interest who may be aggrieved by any final
				  decision, order or ruling of the commission unless the executive director or
				  any lawful delegatee presiding over the hearing explicitly so states.
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article III - Contested Case Hearings › Part I - Parties, ntervention and Participation › Section 10-392-23 - Representation of parties and intervenors

Current through July 10, 2024
Each person authorized to participate in a contested case
					 as a party or as an intervenor shall file with the presiding officer a written
					 notice of appearance. Such appearance may be filed in behalf of parties and
					 intervenors by an attorney who is not required to be a member of the
					 Connecticut Bar or other duly authorized representative subject to the rules
					 herein stated.
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article III - Contested Case Hearings › Part 2 - Hearings, General Provisions › Section 10-392-24 - Place of hearings

Current through July 10, 2024
All hearings conducted by the executive director or any
					 lawful delegatee shall be held at the commission's principal office unless a
					 different location is designated by statute or by direction of the executive
					 director.
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article III - Contested Case Hearings › Part 2 - Hearings, General Provisions › Section 10-392-25 - Notice of hearings

Current through July 10, 2024
(a)
Persons
				  notified.
Except when the executive director or any lawful delegatee
				  shall otherwise direct, written notice of a hearing in any pending matter
				  before the commission shall be given to all persons designated as parties, to
				  all persons who have been permitted to participate as intervenors, to all
				  persons otherwise required by statute to be notified, and to such other persons
				  as have filed with the executive director or lawful delegatee their written
				  request for notice of hearing in the particular matter. Written notice may be
				  given to such additional persons as the executive director or presiding officer
				  may direct.
(b)
Contents of
				  notice.
Notice of a hearing shall include, but not necessarily be
				  limited to, the following:
(1) a statement of
				  the time, place and nature of the hearing;
(2) a statement of the legal authority under
				  which the hearing is to be held and the identification of statutes or
				  regulations that are involved;
(3)
				  a short and plain statement of fact describing the purpose of the hearing.
				  Notice of all commission hearings shall comply with the requirements of section
				  4-177(b)
				  of the Connecticut General Statutes.
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article III - Contested Case Hearings › Part 2 - Hearings, General Provisions › Section 10-392-26 - General provisions

Current through July 10, 2024
(a)
Purpose
				  of hearing.
The purpose of any hearing that the executive director or
				  any lawful delegatee conducts under Chapter 54 of the Connecticut General
				  Statutes shall be to provide to all parties an opportunity to present evidence
				  and argument on all issues to be considered.
(b)
Order of presentation.
The
				  party that shall open and close the presentation of any part of the matter
				  shall be the petitioner unless otherwise provided by the presiding
				  officer.
(c)
Limiting the
				  number of witnesses.
To avoid unnecessary cumulative evidence, the
				  presiding officer may limit the number of witnesses or the time for testimony
				  upon a particular issue in the course of any hearing.
(d)
Burden of proof.
The
				  petitioner shall have the burden of proving with substantial evidence that his,
				  her or its position is justified in any hearing.
(e)
Discovery.
The commission is
				  not required to respond to pre-hearing interrogatories or to other requests for
				  discovery other than to provide those public records which are in the
				  possession of the commission.
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article III - Contested Case Hearings › Part 2 - Hearings, General Provisions › Section 10-392-27 - Rules of evidence

Current through July 10, 2024
The following rules of evidence shall be followed in the
					 adduction of testimony and exhibits in hearings held by the commission.
(a)
General.
Any oral or
				  documentary evidence may be received; but the presiding officer shall, as a
				  matter of policy, exclude irrelevant, immaterial, or unduly repetitious
				  evidence. The presiding officer shall give effect to the rules of privilege
				  recognized by Connecticut law where appropriate to the conduct of the hearing.
				  Subject to these requirements, any testimony may be received in written form as
				  herein provided.
(b)
Documentary evidence copies.
Documentary evidence should be
				  submitted in original form, but may be received in the form of copies or
				  excerpts in the discretion of the presiding officer.
(c)
Cross-examination.
Cross-examination may be conducted as the presiding officer shall find required
				  for a full and true disclosure of the facts.
(d)
Facts noticed, scope and
				  procedure.
The presiding officer may take administrative notice of
				  generally recognized technical or scientific facts within the presiding
				  officer's specialized knowledge. Parties shall be offered an opportunity to
				  contest the material so noticed by being notified before or during the hearing,
				  or by an appropriate reference in preliminary reports or otherwise of the
				  material noticed. The presiding officer shall nevertheless employ his or her
				  experience, technical competence, and specialized knowledge in evaluating the
				  evidence presented at the hearing for the purpose of making his or her findings
				  of facts and arriving at a final decision.
(e)
Facts noticed, commission
				  records.
The presiding officer may take administrative notice of
				  judicially cognizable facts, including the records and the prior decisions and
				  orders of the commission.
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article III - Contested Case Hearings › Part 2 - Hearings, General Provisions › Section 10-392-28 - Uncontested disposition

Current through July 10, 2024
Unless precluded by law, any contested case may be resolved
					 by stipulation, agreed settlement, consent order or default upon the order of
					 the presiding officer. Upon such disposition, a copy of the order of the
					 presiding officer shall be served on each party.
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article III - Contested Case Hearings › Part 2 - Hearings, General Provisions › Section 10-392-29 - Record in contested case

Current through July 10, 2024
The record before the presiding officer shall
					 include:
(1) All motions,
				  applications, petitions, pleadings, notices of hearing and intermediate
				  rulings;
(2) The evidence received
				  by the presiding officer;
(3)
				  Questions and offers of proof, objections and rulings thereon during the
				  hearing;
(4) The decision, opinion
				  or report by the presiding officer.
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article III - Contested Case Hearings › Part 2 - Hearings, General Provisions › Section 10-392-30 - Final decision in a contested case

Current through July 10, 2024
All decisions and orders of the presiding officer
					 concluding a contested case shall be in writing. Findings of fact and
					 conclusions of law shall be separately stated. The presiding officer shall
					 serve a copy of the commission's final decision on each
					 party.
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article III - Contested Case Hearings › Part 2 - Hearings, General Provisions › Section 10-392-31 - Transcript of contested case proceedings

Current through July 10, 2024
(a)
Proceedings recorded.
All hearings in contested cases shall be
				  either electronically or stenographically recorded.
(b)
Written transcript.
At the
				  close of the reception of evidence, the petitioner or any other party of record
				  may file a written request with the presiding officer for a written transcript
				  of the proceedings. If no such written request is filed, the presiding officer
				  may order that a written transcript be prepared.
(c)
Reasonable costs.
If any
				  party of record desires a copy of the transcript, such transcript will be made
				  available upon written request and payment of reasonable costs to the
				  commission.
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article IV - Rule Making › Section 10-392-33 - Form of petition

Current through July 10, 2024
Any person may at any time petition the executive director 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 support the action
				  proposed by including such facts and arguments in the petition or in an
				  accompanying legal brief. The petition shall be addressed to the executive
				  director at the commission's principal office as set forth in section
				  10-392-5 of the
				  Regulations of Connecticut State Agencies. The petition shall be signed by or
				  in behalf of the petitioner and shall include the petitioner's address and
				  address of petitioner's attorney if applicable.
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article IV - Rule Making › Section 10-392-34 - Procedure after petition filed

Current through July 10, 2024
(a)
Decision
				on petition.
The executive director shall within thirty (30) days
				following receipt of the petition, deny the petition or initiate the regulation
				promulgation process.
(b)
Procedure on denial.
If the executive director denies the
				petition, the petitioner shall be given written notice stating the reasons for
				the denial based upon the facts and argument submitted with the petition and
				upon such additional facts and arguments as the commission's executive director
				may deem appropriate.
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article V - Miscellaneous ProceedingsDeclaratory Rulings › Declaratory Rulings › Section 10-392-35 - General rule

Current through July 10, 2024
Sections 10-392-35 through
					 10-392-37,
					 inclusive, of the Regulations of Connecticut State Agencies set forth the
					 procedure to be followed by the commission's executive director in the
					 disposition of a request for declaratory ruling as to the validity or
					 applicability of any statutory provision or of any regulation or order of the
					 commission. Such a ruling of the commission disposing of a petition for a
					 declaratory ruling shall have the same status as a decision or order of the
					 commission's executive director in a contested case.
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article V - Miscellaneous ProceedingsDeclaratory Rulings › Declaratory Rulings › Section 10-392-36 - Form of petition for declaratory ruling

Current through July 10, 2024
Any person may at any time request a declaratory ruling of
					 the commission with respect to the validity or applicability to such person of
					 any statute, regulation or order enforced, administered or promulgated by the
					 commission through its executive director. Such request shall be in writing and
					 shall include the name and address of the person or entity requesting the
					 declaratory ruling and the name and address of such person's or entity's
					 attorney if applicable. The request shall be directed to the commission's
					 executive director at the commission's principal office address as set forth in
					 section
					 10-392-5 of the
					 Regulations of Connecticut State Agencies. The request shall state clearly and
					 concisely the substance and nature of the request, shall identify the statute,
					 regulation or order concerning which the request is made and shall identify the
					 statute, regulation or order concerning which the request is made and shall
					 identify the particular aspect thereof to which the request is directed. The
					 request for a declaratory ruling shall be accompanied by a statement of any
					 supporting data, facts and arguments that support the position of the person
					 making the request.
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article V - Miscellaneous ProceedingsDeclaratory Rulings › Declaratory Rulings › Section 10-392-37 - Procedure after declaratory ruling request is filed

Current through July 10, 2024
(a)
Notice to other persons.
The executive director may give notice to
				  any person that such a declaratory ruling has been requested and may receive
				  and consider data, facts, argument and opinion from persons or entities other
				  than the person or entity requesting such ruling.
(b)
Provision for hearing.
If
				  the executive director deems a hearing necessary or helpful in determining any
				  issue concerning the request for a declaratory ruling, the executive director
				  shall schedule such hearing and give such notice thereof as shall be
				  appropriate. The provisions of sections
				  10-392-7
				  through
				  10-392-31,
				  inclusive, of the Regulations of Connecticut State Agencies shall govern the
				  practice and procedure of the commission in any hearing convened in connection
				  with the issuance of a declaratory ruling.
(c)
Decision on petition, issuance of
				  ruling denied.
If the executive director determines that a ruling will
				  not be issued or rendered in response to a request, the executive director
				  shall within thirty (30) days thereafter notify the person submitting the
				  request that such request has been denied and furnish a statement of the
				  reasons upon which the executive director relied in declining to issue or
				  render a ruling.
(d)
Decision
				  on petition, ruling to be issued.
If the executive director determines
				  to issue a declaratory ruling in response to a request, a copy of the ruling
				  rendered shall be sent to the person or entity requesting it and to that
				  person's or entity's attorney, if applicable, and to any other person who has
				  filed with the executive director a written request for a copy.
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article V - Miscellaneous ProceedingsDeclaratory Rulings › Personal Data Action Provisions › Section 10-392-39 - Categories of personal data in the commission's personal data system

Current through July 10, 2024
The categories of personal data maintained by the
					 commission consist of tax credit and grant application files, employment
					 records and personnel files. In addition, the commission maintains general
					 correspondence files which contain other data. Tax credit and grant application
					 files may also contain personal data concerning persons other than the
					 applicant for such tax credit or grant.
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article V - Miscellaneous ProceedingsDeclaratory Rulings › Personal Data Action Provisions › Section 10-392-40 - General nature and purpose of personal data system

Current through July 10, 2024
(a)
				  The commission has a single designated personal data system consisting of three
				  parts and whose nature and purpose is to maintain accurate and current
				  information regarding:
(1) commission tax
				  credit and grant application files in fulfillment of its statutory duties under
				  chapters 184b, 208 and 54 of the general statutes;
(2) the qualifications of employment
				  applicants; and
(3) employee's
				  employment and personnel activities necessary for the conduct of the
				  commission's business.
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article V - Miscellaneous ProceedingsDeclaratory Rulings › Personal Data Action Provisions › Section 10-392-42 - Disclosure of personal data

Current through July 10, 2024
(a) Any individual
				  may request from the commission whether it maintains personal data on that
				  individual, the category and location of the personal data maintained on that
				  individual, and procedures available to review said information. The commission
				  promptly shall mail or deliver to the requesting individual a written response
				  in plain language.
(b) Except where
				  prohibited by law, the commission shall disclose to any person upon request all
				  personal data concerning that person which are maintained by the commission.
				  Where required by law, such disclosure shall be conducted so as not to disclose
				  any personal data concerning persons other than the individual requesting such
				  information.
(c) Where required by
				  law, commission personnel shall verify the identify of any person requesting
				  access to his or her own personal data.
(d) The commission may refuse to disclose to
				  a person medical, psychiatric or psychological data regarding that person if it
				  is determined by the commission that such disclosure would be detrimental to
				  the person, or if such nondisclosure is otherwise permitted or required by law.
				  If the commission refuses to disclose medical, psychiatric or psychological
				  data to a person, it must inform the person of his or her right to seek
				  judicial relief pursuant to the personal data act.
(e) If the commission refuses to disclose
				  medical, psychiatric or psychological data to a person based on its
				  determination that disclosure would be detrimental to that person and the
				  nondisclosure is not mandated by law, the commission shall, at the written
				  request of such person, permit a qualified medical doctor to review the
				  personal data contained in the person's record to determine if the personal
				  data should be disclosed. If nondisclosure is recommended by such person's
				  medical doctor, the commission shall not disclose the personal data and shall
				  inform such person of the judicial relief provided under the personal data
				  act.
(f) Where required by law, a
				  record shall be maintained of each person, individual, agency or organization
				  that has obtained access to or to which disclosure has been made of personal
				  data in accordance with subsection (c) of section
				  4-193
				  of the general statutes, not less than five (5) years from the date of such
				  disclosure or access or for the life of the personal data record, whichever is
				  longer.
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article V - Miscellaneous ProceedingsDeclaratory Rulings › Personal Data Action Provisions › Section 10-392-43 - Procedures for contesting content

Current through July 10, 2024
The following procedure shall be used in order to provide
					 an opportunity to contest the accuracy, completeness or relevancy or personal
					 data:
(a) Any individual may file a
				  written request with the commission for correction of personal data pertaining
				  to him or her.
(b) Within thirty
				  (30) days of receipt of such request, the commission shall notify such
				  individual that it shall make the correction, or if the correction is not to be
				  made as submitted, the commission shall state the reason for its denial of such
				  request and notify the person of his or her right to add his or her own
				  statement to his or her employee personal data record.
(c) Following such denial by the commission,
				  the individual requesting such correction shall be permitted to add a statement
				  to his or her personal data record setting forth what that person believes to
				  an accurate, complete and relevant version of the personal data in question.
				  Such statements shall become a permanent part of the commission's personal data
				  system and shall be disclosed to any individual, agency or organization to
				  which the disputed personal data are disclosed.
Connecticut Administrative Code › Title 10 - Education and Culture › 392 - Organization and Rules of Practice › Article V - Miscellaneous ProceedingsDeclaratory Rulings › Personal Data Action Provisions › Section 10-392-44 - Uses to be made of personal data

Current through July 10, 2024
(a) Application
				  files are routinely used in the performance of the commission's statutory
				  mandate to administer and enforce various tax credit and grant
				  programs.
(b) Employment records
				  are routinely used for evaluating the qualifications of employment
				  applicants.
(c) Personnel files are
				  routinely used for recording and evaluating the work performance of commission
				  employees. Personnel files are used also for payroll and other
				  employment-related record-keeping, as required by the department of
				  administrative services, the office of the comptroller, the office of policy
				  and management and other legal authorities.
(d) Records contained in the commission's
				  personal data system shall be retained for the period indicated for such
				  records in the commission's retention and destruction of records schedule, as
				  amended from time to time, approved by the state records administrator pursuant
				  to section
				  11-8a
				  of the general statutes.
(e) When
				  an individual is asked by the commission to supply personal data, the
				  commission, upon request, shall disclose to that individual:
(1) the name of the commission;
(2) the legal authority under which the
				  commission is empowered to collect and maintain the personal data;
(3) the individual's rights pertaining to
				  such records under the personal data act and commission regulations;
(4) the known consequences arising from
				  supplying or refusing to supply the requested personal data;
(5) the proposed use to be made of the
				  requested personal data.
Connecticut Administrative Code › Title 10 - Education and Culture › 416a - Historic Structures Rehabilitation Tax Credits › Section 10-416a-2 - General rules

Current through July 10, 2024
(a)
Who May
			 Apply
(1) Applications shall be
			 submitted by the owner of a property listed on the National or State Register
			 of Historic Places or, in cases of multiple owners, applications may be made by
			 a duly authorized joint owner, partner or member on behalf of the
			 owners.
(2) For purposes of
			 sections
			 10-416a-3
			 and
			 10-416a-5
			 of the Regulations of Connecticut State Agencies, a person or business entity
			 that is not the owner of a property listed on the National or State Register of
			 Historic Places shall be eligible to apply provided such person or business
			 entity submits evidence that the owner has been informed of the application and
			 has no objection to the filing.
(3)
			 If a complex constitutes more than one legal parcel and the parcels are under
			 separate ownership, the owner of the legal parcel who is seeking tax credits
			 shall be eligible to apply.
Connecticut Administrative Code › Title 10 - Education and Culture › 416a - Historic Structures Rehabilitation Tax Credits › Section 10-416a-3 - Determination of historic structure status

Current through July 10, 2024
(a)
Application Requirements
(1) No
			 application requesting determination of historic structure status is required
			 for a property that contains a single building and is individually listed on
			 either the National or State Register of Historic Places.
(2) If a property is located in a registered
			 historic district, prior to filing a request for approval of a proposed
			 rehabilitation plan under section
			 10-416a-5
			 of the Regulations of Connecticut State Agencies and a request for preliminary
			 certification and reservation of tax credits under section
			 10-416a-8
			 of the Regulations of Connecticut State Agencies, the owner shall obtain a
			 determination of historic structure status from the officer.
(3) If the property is a complex, whether
			 individually listed on the National or State Register of Historic Places or
			 listed as part of a registered historic district, the owner shall apply for a
			 determination of historic structure status for the building that is to be
			 rehabilitated as part of a single or multi-building project.
(4) The owner shall provide (A) photographs
			 of the building and its surroundings; (B) a map showing the boundaries of the
			 complex or registered historic district and the location of the building; and
			 (C) a statement of historic and architectural significance.
(5) The owner shall provide a certificate of
			 title or title insurance, or if the application is submitted by the owner's
			 duly authorized agent, a written statement from the owner in accordance with
			 section
			 10-416a-2(a)
			 (2) of the Regulations of Connecticut State Agencies.
(6) The officer shall review and issue a
			 decision not more than thirty calendar days after receipt of a complete
			 application. If an application is incomplete. not more than thirty calendar
			 days after receipt the officer shall notify the owner in writing and indicate
			 what information is needed to undertake or complete review. The owner shall
			 have thirty calendar days after the date of notification by the officer to
			 respond in writing and provide the requested information. Upon written request
			 by the owner on or before the original deadline, the officer shall grant an
			 extension to the owner of not more than thirty calendar days.
(7) The owner may satisfy the application
			 requirements under subdivision (4) of this subsection if the owner (A) has
			 obtained a recommendation of approval from the officer of the Part 1
			 application of the Historic Preservation Certification Application used by the
			 National Park Service for a building located in a district listed on the
			 National Register of Historic Places; and (B) provides evidence of said
			 recommendation of approval.
Connecticut Administrative Code › Title 10 - Education and Culture › 416a - Historic Structures Rehabilitation Tax Credits › Section 10-416a-4 - Criteria for evaluating historic character within a registered historic district

Current through July 10, 2024
A building shall be considered contributing to the historic
				character of the registered historic district in which it is located if by
				design, setting, materials, workmanship, integrity and association it adds to
				the district's sense of time and place and historical
				development.
Connecticut Administrative Code › Title 10 - Education and Culture › 416a - Historic Structures Rehabilitation Tax Credits › Section 10-416a-5 - Approval of proposed rehabilitation plan

Current through July 10, 2024
(a) Prior to
			 requesting a preliminary certification and reservation of tax credits under
			 section
			 10-416a-8
			 of the Regulations of Connecticut State Agencies, the owner shall apply for
			 approval of a proposed rehabilitation plan for a certified historic
			 structure.
(b)
Application
			 Requirements
(1) The owner shall
			 provide (A) a rehabilitation plan; (B) photographs of the interior and exterior
			 of the certified historic structure; (C) a written description of the project;
			 (D) a project site plan that includes the location of the certified historic
			 structure, and any associated new construction, demolition and site
			 improvements; and (E) such additional architectural or other drawings or
			 technical information as are necessary to evaluate rehabilitation
			 work.
(2) The owner shall provide a
			 certificate of title or title insurance, or if the application is submitted by
			 the owner's duly authorized agent, a written statement from the owner in
			 accordance with section
			 10-416a-2(a)
			 (2) of the Regulations of Connecticut State Agencies.
(3) In phased projects, the application shall
			 indicate the number of phases, the timeframe for each and include sufficient
			 information to evaluate whether all phases of the proposed rehabilitation work
			 meet the standards.
(4) The officer
			 shall review and issue a decision not more than thirty calendar days after
			 receipt of a complete application. If an application is incomplete not more
			 than thirty calendar days after receipt the officer shall notify the owner in
			 writing and indicate what information is needed to undertake or complete
			 review. The owner shall have thirty calendar days after the date of
			 notification by the officer to respond in writing and provide the requested
			 information. Upon written request by the owner on or before the original
			 deadline, the officer shall grant an extension to the owner of not more than
			 thirty calendar days.
(5) The owner
			 may satisfy the application requirements under subdivision (1) of this
			 subsection if, prior to the commencement of construction, the owner (A) has
			 obtained a recommendation of approval from the officer of the Part 2
			 application of the Historic Preservation Certification Application used by the
			 National Park Service for a building located in a district listed on the
			 National Register of Historic Places or for a building individually listed on
			 the National Register of Historic Places; and (B) provides evidence of said
			 recommendation of approval.