Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article TWO - Hearing Procedures for Contested Cases › Part 3 - Hearings Procedure › Section 17a-636-47 - Rules of evidence

Current through July 10, 2024
The following rules of evidence shall be followed in the
					 admission of testimony and exhibits in all hearings held under Chapter 54,
					 C.G.S.
(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 where appropriate to the conduct of the
				  hearing.
(b)
Written
				  testimony.
The presiding officer may permit any party to offer testimony
				  in written form. All prepared written testimony shall be received in evidence
				  with the same force and effect as though it were stated orally by the
				  witnesses, provided that each such witness shall be present at the hearing at
				  which such prepared written testimony is offered, shall adopt such testimony
				  under oath, and shall be made available for cross examination as directed by
				  the presiding officer. Prior to its admission, such written testimony shall be
				  subject to objection by the parties.
(c)
Documentary evidence.
				  copies.
Documentary evidence should be submitted in original form, but
				  may be received in the form of copies or excerpts at the discretion of the
				  presiding officer. Upon request by any party an opportunity shall be granted to
				  compare the original if available, which shall be produced for this purpose by
				  the person offering such copy as evidence.
(d)
Cross-examination.
Cross-examination may be conducted as the presiding officer deems necessary for
				  a full and true disclosure of the facts.
(e)
Facts noticed. committee
				  records.
The Commission or presiding officer may take administrative
				  notice of judicially cognizable facts, including the records and prior
				  decisions and orders of the Commission in accordance with C.G.S. sec.
				  4-180a(b).
				  Any exhibit admitted as evidence by the Commission or presiding officer in a
				  prior hearing may be offered as evidence in a subsequent hearing and admitted
				  as an exhibit therein; but the presiding officer shall not deem such exhibit to
				  be judicially cognizable in whole or in part and shall not consider any facts
				  set forth therein unless such exhibit is duly admitted as evidence in the
				  contested case being heard. No written order or final decision may be relied on
				  as precedent by the Commission unless it has been made available for public
				  inspection and copying, and also indexed by name and subject, pursuant to sec.
				  17a-636-44
				  of these regulations.
(f)
Facts noticed. procedure.
The presiding officer may take notice of
				  generally recognized technical or scientific facts within the Commission's
				  special knowledge. Parties shall be afforded an opportunity to contest the
				  material so noticed by being notified before or during the hearing, or by an
				  appropriate reference in the preliminary reports or otherwise of the material
				  noticed. The presiding officer shall nevertheless employ the Commission's
				  experience, technical competence, and specialized knowledge in evaluating
				  evidence presented at the hearing for the purpose of making its finding of
				  facts and arriving at a decision in any contested case.