Connecticut Administrative Code › Title 31 - Labor › 237g - Proceedings on Disputed Matters Pertaining to Unemployment Compensation Claims › Article IV - Hearings Before the Board › Section 31-237g-60 - Conduct of hearing

Current through July 10, 2024
(Statutory reference: 31-245)
(a) The Chairman shall conduct and control
				the meeting. For purposes of this section the term Chairman shall include any
				person to whom the Chairman has, pursuant to these regulations, delegated the
				authority to conduct the hearing. The Board shall not be bound by the ordinary
				common law or statutory rules of evidence or procedure. Subject to the purposes
				of the hearing, the Board shall make inquiry in such manner, through oral
				testimony and written and printed records, and take any action consistent with
				the impartial discharge of its duties, as is best calculated to ascertain the
				relevant facts and the substantial rights of the parties, furnish a fair and
				expeditious hearing, and render a proper and complete decision. Subject to the
				Chairman's control of the hearing, the Board may, at any time, examine or
				cross-examine any party or witness, and require such evidence as the Board
				determines to be necessary for a proper and complete decision. The Chairman
				may, at any time, indicate on the record that the testimony being presented is
				not being supplied by a person with actual personal knowledge of the facts in
				question. Subject to the Chairman's control of the hearing, the Staff Assistant
				or other legal staff of the board may participate in the hearing. The Chairman
				shall determine the order for presentation of evidence, and he may exclude
				testimony and evidence which he determines to be incompetent, irrelevant,
				unduly repetitious, or otherwise improper. When a party is not represented by
				an attorney, the Chairman shall, as he deems necessary in the interests of
				justice, advise such party as to his rights, aid him in examining and
				cross-examining witnesses, help him in presenting evidence, and otherwise
				render such assistance as is compatible with the impartial discharge of the
				Chairman's duties.
(b) The Chairman
				has authority to administer oaths and affirmations. All testimony at the
				hearing before the Board shall be under oath or affirmation which shall be
				included on the hearing record. Any interpreter participating in such hearing
				shall so interpret under the separate oath for interpreters which shall also be
				included on the hearing record. Upon administering such oath or affirmation,
				the Chairman may require the interpreter to interpret, to the extent possible,
				word for word in the first person as the person being interpreted for so
				communicates.
(c) The hearing shall
				be confined to the purposes and issues listed on the notice of hearing issued
				pursuant to Section
				31-237g-52(e)
				of these regulations. The hearing may also cover, at the discretion of the
				Chairman, any separate issue which the parties are prepared and willing to go
				forward on and on which they expressly waive right to notice of.
(d) At the commencement of the hearing the
				Chairman shall, on the hearing record:
(1)
				announce the title and case number of the appeal;
(2) announce the commencement time, date and
				location of the hearing;
(3)
				announce the identity of the Board and staff members present;
(4) identify all parties, representatives and
				witnesses present, indicate on whose behalf each such representative or witness
				is appearing, and verify the mailing addresses of all such parties and
				representatives;
(5) explain the
				procedure to be followed at the hearing, including an advisement as to the
				Chairman's full authority over the conduct of the hearing;
(6) indicate that the hearing will be taped
				and that the official record thus obtained will be kept during the pendency of
				the appeal;
(7) summarize the
				rights and responsibilities of the parties at the hearing pursuant to these
				regulations;
(8) indicate that a
				written decision upon the appeal will be mailed by the Board to all parties and
				representatives with reasonable promptness following the close of the hearing
				and advise the parties as to the appeal rights of any party aggrieved by such
				decision;
(9) advise the claimant
				to continue to file benefit claims as instructed by the Administrator in order
				to preserve the claimant's rights during the pendency of the appeal;
(10) summarize the case history of the appeal
				and indicate the issues which appear to be involved.
(11) announce that the Board has statutory
				power to authorize and limit the fees payable for representation of a claimant
				in such proceedings and that if either the claimant or such representative
				requests, the Board shall rule on that matter.