reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 10 - Education and Culture › 287c - School Construction Grants › Section 10-287c-11 - Application for grants (Reference: Section 10-283)

Current through July 10, 2024
(a)
Proposed School Building Project.
An applicant for a school
			 construction grant shall file an application for such grant with the
			 Commissioner of Education in such manner as the Commissioner of Construction
			 Services may prescribe. The application shall include:
(1) one copy of the educational
			 specifications for the project as approved by the local or regional board of
			 education or governing body of such other eligible grant recipient and
(2) one certified copy of the
			 resolution or resolutions adopted by the legislative body of the applicant
			 establishing a building committee for the project and authorizing at least the
			 preparation of schematic drawings and outline specifications for the proposed
			 project and the filing of the notice of proposed school building project. In
			 order to be eligible for inclusion on the list of projects submitted to the
			 Governor and General Assembly by December 15 of any year for grant commitment
			 authorization the application shall be filed no later than June 30 of such
			 year.
Connecticut Administrative Code › Title 10 - Education and Culture › 287c - School Construction Grants › Section 10-287c-12 - Legislative authorization for a grant commitment (Reference: Section 10-283)

Current through July 10, 2024
(a)
Notice of
			 Legislative Action.
The Commissioner shall notify each applicant whose
			 project was included on the list submitted to the general assembly as to the
			 action taken by the general assembly within 30 days of such action.
(b)
Authorization for Grant Commitment
			 Denied.
Any applicant not receiving an authorization for a grant
			 commitment for a project may file a written request with the Commissioner,
			 prior to September 1 following the consideration of such project by the General
			 Assembly, to include such project for consideration on the next list to be
			 submitted by the Commissioner to the Governor and the General Assembly. Failure
			 to submit such a request shall not prohibit an applicant from submitting a new
			 application for any project not receiving an authorization for a grant
			 commitment.
(c)
Lapse of
			 General Assembly Authorization.
The commissioner may, unless good cause
			 is shown, disapprove a grant application for any project if the applicant has
			 not, by June 30th of the year following the year of legislative authorization,
			 completed all necessary steps under its charter and the general statutes to
			 appropriate sufficient funds to pay for the project and any site acquisition
			 costs for the project or authorized bonding or other means of financing the
			 appropriation.
(d) The Commissioner
			 may disapprove a grant application for any project if the applicant has not
			 begun construction, as defined in section
			 10-282 of
			 the Connecticut General Statutes, within two years after the effective date of
			 the act of the General Assembly authorizing the Commissioner to enter into
			 grant commitments for such projects as provided in Sections
			 10-283
			 and
			 10-283a
			 of the Connecticut General Statutes. However, for good cause, extensions may be
			 granted by the Commissioner for up to two years from the anticipated date of
			 lapse.
Connecticut Administrative Code › Title 10 - Education and Culture › 287c - School Construction Grants › Section 10-287c-13 - Special projects (Reference: Section 10-283)

Current through July 10, 2024
Purchase Projects. If a proposed project involves the purchase
				of an existing building, the applicant shall so notify the Commissioners of
				Education and Construction Services when filing its application of proposed
				school building project. If any major alterations or renovations to the
				building are included in such project, all provisions pertaining to the filing
				of plans shall apply. A grant for the cost to purchase a building and site
				shall be calculated pursuant to subdivision (2) of subsection (a) of Section
				10-286;
				however, if any alterations, extensions or renovations to the building are
				included in such project, all other provisions of Chapter 173, including space
				limitations, if applicable, shall apply to such portion of the project. The
				purchase price of a site or the purchase price of a building and site may be
				negotiated, but the eligible cost of the purchase of the site or the building
				and site may not exceed the higher of two independent appraisals of the site or
				the building and its site. The department shall inspect the site or the
				building and site prior to the review of final plans in accordance with Section
				10-292
				of the Connecticut General Statutes to ensure compliance with standards as
				defined in section
				10-282 of
				the Connecticut General Statutes and as contained in these Regulations. The
				department shall send written notification to the applicant of its conclusions
				for the use of the site or building and site within 30 days of the completed
				inspection. The cost of the purchase of the site or the building and site shall
				not be eligible for reimbursement unless the department has inspected and
				authorized the use of the site or the building and site.
Connecticut Administrative Code › Title 10 - Education and Culture › 287c - School Construction Grants › Section 10-287c-14 - Computation of grant estimates for projects submitted to the governor and general assembly (Reference: Section 10-283)

Current through July 10, 2024
(a) Grant estimates
			 for projects other than limited eligible projects submitted to the Governor and
			 General Assembly shall be determined by multiplying together the percentage as
			 defined in sections
			 10-285a
			 and
			 10-285b
			 of the Connecticut General Statutes, with the total estimated costs of a
			 project submitted to the department on the application for a proposed school
			 building project.
(b) In computing
			 interest grant estimates the department shall assume a twenty year bond issue
			 and apply an average estimated bond interest rate based on market conditions as
			 of July 1st of each year.
Connecticut Administrative Code › Title 10 - Education and Culture › 287c - School Construction Grants › Section 10-287c-15 - Standards (Reference: Section 10-283a)

Current through July 10, 2024
(a) State standard
			 space specifications. The standard space specifications identified in this
			 section shall apply to all school building project grants except code and
			 health violations, roof replacements, site acquisitions, site improvements,
			 leasing projects, plant purchases, vocational agriculture equipment, and
			 administrative facilities. For any building constructed prior to 1950, the
			 standard space specifications identified in this section shall be increased by
			 twenty-five per cent.
State Standard Space Specifications Grades
Projected
Pre-K
Enrollment
and K
1
2
3
4
5
6
7
8
9
10
11
12
Allowable Square Footage per Pupil
0 - 350
124
124
124
124
124
156
156
180
180
180
194
194
194
351 - 750
120
120
120
120
120
152
152
176
176
176
190
190
190
751 - 1500
116
116
116
116
116
148
148
170
170
170
184
184
184
Over 1500
112
112
112
112
112
142
142
164
164
164
178
178
178
(1) These
			 standards shall be used as maximums for grant computation purposes. The square
			 footage per pupil allowances for all grades housed shall be summed and divided
			 by the number of grades housed to determine a maximum square foot per pupil for
			 the facility.
(2) Applicants for
			 school building projects which exceed the state standard space specifications
			 solely as a result of extraordinary programmatic needs may apply to the
			 Commissioner, at such time and in such manner as the Commissioner may
			 prescribe, for a waiver of space limitations.
Connecticut Administrative Code › Title 10 - Education and Culture › 287c - School Construction Grants › Section 10-287c-17 - Approval of requests for state grants. (Reference: Section 10-284)

Current through July 10, 2024
(a)
Grant Request upon Completion of
			 Project.
In order to receive a grant the applicant shall file a request
			 for a grant with the Commissioner, in such manner as the Commissioner may
			 prescribe, after the project has been completed and officially accepted by the
			 building committee or other approving body, and the applicant, and after all
			 bills for the project have been paid or funds to pay such bills are deposited
			 in accordance with section
			 7-401 of the
			 Connecticut General Statutes, in a separate escrow account, and after all bonds
			 or notes to permanently finance the project, if any, have been issued. If bonds
			 or notes are issued to permanently finance the project, such application shall
			 include a copy of the principal and interest schedule of payments in such
			 manner as may be required by the Commissioner. Each applicant may be required
			 to file information concerning project costs at such time and in such manner as
			 the Commissioner may prescribe.
(b)
Request for Estimated Grant.
Section 10-287h of the Connecticut
			 General Statutes may entitle an applicant to estimated grant payments prior to
			 the completion of a school building project if the applicant has issued bonds
			 or serial notes, or has carried temporary financing into the third year. The
			 request for an estimated grant shall be made in such manner as the Commissioner
			 may prescribe. Upon completion of the project the Commissioner shall adjust and
			 recertify the dates and amounts of subsequent grant payments based on the
			 state's share of final eligible costs.
(c)
Grant Amount Agreement.
Upon
			 approval of the grant request the Commissioner shall notify the applicant in
			 writing as to the amount of the grant.
(d)
Notification of State
			 Comptroller.
The Commissioner shall certify to the State Comptroller the
			 dates and amounts of all project grant payments, interest grant payments and
			 site acquisition grant payments, if any.
(e)
Grant Payments.
All grants
			 shall be paid to the town, city or borough of the applicant, or if the
			 applicant is other than a local board of education, to the governing body of
			 such other eligible grant recipient.
(f)
Reimbursement Percentage.
The reimbursement percentage as determined in sections
			 10-285a
			 and
			 10-285b
			 of the Connecticut General Statutes shall be assigned to specific school
			 building projects as follows:
(1) All
			 projects except those pursuant to subsection (b) of section
			 10-283
			 of the Connecticut General Statutes shall be assigned the rate in effect for
			 the fiscal year during which General Assembly authorization is
			 obtained.
(2) Projects pursuant to
			 subsection (b) of section
			 10-283
			 of the Connecticut General Statutes shall be assigned the rate in effect for
			 the fiscal year during which application, as defined in
			 10-282 of
			 the Connecticut General Statutes, is made.
Connecticut Administrative Code › Title 10 - Education and Culture › 287c - School Construction Grants › Section 10-287c-18 - Computation of grants-spectator seating in a gymnasium and seating area in an auditorium (Reference: Section 10-286)

Current through July 10, 2024
(a)
Spectator
			 Seating in a Gymnasium.
For the purpose of determining the limited
			 eligibility of the area of spectator seating in a gymnasium, retractable
			 bleachers will be construed to occupy no area. In such cases limited
			 eligibility shall apply only to the cost of the seats including installation.
			 In the case of non-retractable (permanent) seating, limited eligibility shall
			 be determined as follows:
A = Square footage of area occupied by seating
B = Total square footage of gymnasium
C = Total cost of gymnasium construction excluding seats
				(bleachers)
D = Total cost of seats (bleachers) including
				installation
(b)
Seating Area in an Auditorium.
The limited eligibility of the cost
			 of constructing the area of spectator seating in an auditorium shall be
			 determined as follows:
Click
				here to image
A = Square footage of area occupied by seating
B = Total square footage of auditorium
C = Total cost of auditorium construction excluding
				seating
D = Total cost of seats (including installation)
E = ½ of highest projected 8-year enrollment (½
				of capacity if construction or grant payments were started after June 30, 1975
				and before July 31, 1983)
F = Capacity of auditorium
Click
				here to image
Whenever E divided by F equals or exceeds one, a factor of one
				shall be used. Multipurpose rooms which utilize folding chairs or other
				temporary seating for auditorium purposes shall not be subject to this
				section.
Connecticut Administrative Code › Title 10 - Education and Culture › 287c - School Construction Grants › Section 10-287c-19 - Construction contracts subject to bid (Reference: Section 10-287)

Current through July 10, 2024
(a)
Contract Award.
The
			 applicant shall file with the Commissioner in such manner as the Commissioner
			 may prescribe a notification of the date the first construction contract was
			 executed for the project.
(b) An
			 applicant shall certify to the department, in such a manner as may be
			 prescribed by the Commissioner, that they have met all legislative and
			 regulatory requirements in the award of contracts.
(c)
Changes in Construction
			 Plans.
The applicant shall notify the Commissioner promptly, and submit
			 copies, of any final plan changes, addenda, and all change orders.
Connecticut Administrative Code › Title 10 - Education and Culture › 287c - School Construction Grants › Section 10-287c-21 - Approval of plans and site. (Reference: Section 10-291)

Current through July 10, 2024
(a)
Final Plans.
The applicant shall file with the Commissioners of
			 Education and Construction Services, in such manner as the Commissioner of
			 Construction Services may prescribe, final plans including:
(1) one copy of the final plans and
			 specifications for the project, or a phase of the project, as prepared for
			 bidding and which specify the choice of site for the project;
(2) A professional cost estimate of such
			 project or phase and of any site acquisition; and
(3) certification that the documents
			 described in subdivisions (1) and (2) of this subsection have been approved by
			 the applicant and building committee.
Connecticut Administrative Code › Title 10 - Education and Culture › 287c - School Construction Grants › Section 10-287c-22 - Replacement for a roof less than 25 years old (Reference: Section 10-286(a)(6))

Current through July 10, 2024
(a) In the case of
			 a grant application for total or partial replacement of a roof which has
			 existed for fewer than twenty years, eligibility shall be conditioned upon the
			 factors enumerated in Section
			 10-286(a)(6).
			 For the purposes of determining whether a town is prohibited from recovery of
			 damages or has no other recourse at law or in equity, the following shall
			 constitute satisfactory evidence of this requirement:
(1) When suit or arbitration has been brought
			 by a district for recovery of damages due to a faulty roof, and final judgment
			 has been rendered against said district, whether or not on the merits;
(2) Where the district or board
			 attorney certifies to the Department that all applicable statutes of
			 limitations have expired, and, in the best judgment of said counsel, it would
			 be fruitless to institute litigation and/or arbitration.
Connecticut Administrative Code › Title 10 - Education and Culture › 293 - Agency Organization, Practice and Procedure › Part I - Description and Organization › Section 10-293-2 - Functions

Current through July 10, 2024
The board is generally authorized to exercise specified
				  grants of authority for the administration of statutes that provide for the
				  development and implementation of programs of service for persons who are blind
				  or seriously visually impaired as defined in Section
				  10-294a
				  of CGS and to visit, inspect and report concerning the Connecticut Institute
				  for the Blind pursuant to Section
				  10-298
				  of CGS.
Connecticut Administrative Code › Title 10 - Education and Culture › 293 - Agency Organization, Practice and Procedure › Part I - Description and Organization › Section 10-293-4 - Board operations and signature of documents

Current through July 10, 2024
The duly authorized and official documents of the board of
				  every description shall be signed in behalf of the board's executive director.
				  In the absence of the executive director, his designee shall be empowered to
				  sign in behalf of the board. The executive director of the board shall be the
				  chief administrator of all programs of service operated by the
				  board.
Connecticut Administrative Code › Title 10 - Education and Culture › 293 - Agency Organization, Practice and Procedure › Part I - Description and Organization › Section 10-293-5 - Organization

Current through July 10, 2024
The board's administrative organizational structure shall
				  consist of the executive director, appointed by the Governor pursuant to
				  Section
				  10-294 of
				  the general statutes, and the five (5) following organizational units directly
				  responsible to the executive director.
(a) Division of Adult Services, responsible
				for specialized social, educational and teaching services to improve the
				overall quality of life for legally blind adults pursuant to Sections
				10-293,
				10-295(c),
				10-297 and
				10-298
				of CGS including:
(1) legal benefits such as
				issuance of certificates of legal blindness;
(2) social services to perform intake and
				complete a needs assessment;
(3)
				orientation and mobility instruction and rehabilitation teaching to assist
				clients to increase their independence in such areas as travel, home
				management, leisure time activity, communication and instruction in
				braille;
(4) interagency
				cooperation to assist elderly legally blind adults to remain in their
				homes;
(5) provision of visual aids
				and supplemental relief as authorized;
(6) provision of adaptive equipment to
				increase independence in activities of daily living. Any adaptive equipment
				from the agency that is currently held by a client or any adaptive equipment
				from the agency received by a client shall be the property of such client. At
				such time as the client no longer desires the equipment, disposal shall be at
				the client's discretion. The cost of maintenance or repair of the equipment
				shall rest with the client. In circumstances where a client requests, the
				agency shall reimburse the client for the documented cost of the repair and
				applicable shipping of said equipment to and from the repair location. The
				agency shall accept returned equipment;
(7) camping vacations for a limited number of
				children and adults; and
(8) such
				other activity as may be assigned by the executive director.
Connecticut Administrative Code › Title 10 - Education and Culture › 293 - Agency Organization, Practice and Procedure › Part II - Rules of Practice Definitions › Section 10-293-6 - Definitions

Current through July 10, 2024
(a)
Definitions
(1) The definitions provided by sections
				4-166,
				1-14,
				1-18a,
				10-294a
				through 10-300a inclusive,
				10-303
				and
				10-306
				of the general statutes shall govern the interpretation and application of
				Sections 10-293-6 through
				10-293-25 of
				these regulations.
(2) "Board"
				means the board of education and services for the blind.
(3) "Executive Director" means the executive
				director of the board.
(4) "Hearing
				Officer" means the executive director, member of the board or an impartial
				person designated by the executive director to conduct hearings and recommend
				decisions.
Connecticut Administrative Code › Title 10 - Education and Culture › 293 - Agency Organization, Practice and Procedure › Part II - Rules of Practice Definitions › Section 10-293-7 - Construction and amendment

Current through July 10, 2024
These rules shall be so construed by the board and any
				  hearing officer as to secure just, speedy and inexpensive determination of the
				  issues presented hereunder. Amendments and additions to these rules may be
				  adopted by the board by being duly promulgated as regulations in accordance
				  with Chapter 54 of the General Statutes.
Connecticut Administrative Code › Title 10 - Education and Culture › 293 - Agency Organization, Practice and Procedure › Part II - Rules of Practice Definitions › Section 10-293-8 - Extensions of time

Current through July 10, 2024
Except as may be hereinafter provided, in the discretion of
				  the board or any hearing officer, for good cause shown any time limit
				  prescribed or allowed by these rules may be extended. All requests for
				  extension shall be made before the expiration of the period originally
				  prescribed or as previously extended.
Connecticut Administrative Code › Title 10 - Education and Culture › 293 - Agency Organization, Practice and Procedure › Part II - Rules of Practice Definitions › Section 10-293-9 - Rules of conduct

Current through July 10, 2024
Where applicable, the code of professional responsibility and
				  the code of judicial conduct adopted and approved by the judges of the Superior
				  Court govern the conduct of the board and all attorneys, agents,
				  representatives and other persons who shall appear before the board or any
				  hearing officer in any hearing or contested case.
Connecticut Administrative Code › Title 10 - Education and Culture › 293 - Agency Organization, Practice and Procedure › Part II - Rules of Practice Definitions › Section 10-293-10 - Ex parte communication

Current through July 10, 2024
Unless required for the disposition of ex parte matters
				  authorized by law, neither the board, executive director nor any hearing
				  officer or state employee assigned to assist such officer shall communicate
				  directly or indirectly with any person or party concerning any issue of fact or
				  with any party in connection with any issue of law involved in a contested case
				  that has been commenced under these rules, except upon notice and opportunity
				  for all parties to participate. Any hearing officer and the board may
				  communicate with each other ex parte and may have the aid and advice of such
				  members of the board's staff as are assigned to assist them in such contested
				  case. In a contested case, this rule shall not be construed to preclude such
				  routine communications as are necessary to permit the board staff, not assigned
				  to render a decision or to make findings of fact and conclusions of law in a
				  contested case, to investigate facts and to conduct the informal conferences
				  that may be held pursuant to these rules of practice at any time before, during
				  and after the hearing thereof.
Connecticut Administrative Code › Title 10 - Education and Culture › 293 - Agency Organization, Practice and Procedure › Part II - Rules of Practice Definitions › Section 10-293-11 - Signatures

Current through July 10, 2024
Every complaint, application, notice, motion, petition, brief
				  and memorandum shall be signed in behalf of the person filing same. The board
				  or the hearing officer, in their sound discretion, may waive the requirements
				  of this section where justice so requires.
Connecticut Administrative Code › Title 10 - Education and Culture › 293 - Agency Organization, Practice and Procedure › Part II - Rules of Practice Definitions › Section 10-293-12 - Service

Current through July 10, 2024
(a)
General rule.
Service of all
				documents and other papers filed in all proceedings, including but not limited
				to motions, petitions, applications, notices, briefs, and exhibits shall be by
				personal delivery or by first class mail, except as hereinafter
				provided.
(b)
On whom
				served.
All such documents and other papers shall be served by the
				person filing the same on every party in the proceeding and all such additional
				persons as the board or any hearing officer shall direct.
(c)
Service by the board.
A copy
				of any document or other paper served by the board, showing the addresses to
				whom the document or other paper was mailed and the date of mailing, shall be
				placed in the board'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 board or any hearing officer shall be given to
				the party or his representative affected thereby and to such other person as
				the executive director or any hearing officer may deem appropriate by personal
				service upon such person or by certified mail return receipt
				requested.
Connecticut Administrative Code › Title 10 - Education and Culture › 293 - Agency Organization, Practice and Procedure › Part II - Rules of Practice Definitions › Section 10-293-13 - Participation by persons other than parties

Current through July 10, 2024
(a)
Permission to participate.
At any time prior to the commencement
				of oral testimony in any hearing on a contested case any person may request
				that the presiding officer permit that person to participate in the hearing.
				Any person not a party that is so permitted to participate in the hearing will
				be identified an intervenor in these regulations and will participate in those
				portions of the contested case that the presiding officer shall expressly
				allow.
(b)
Status of a
				non-party that has been admitted to participate.
No grant of leave to
				participate in the hearing as an intervenor or in any other manner shall be
				deemed to be an admission by the board that the person it has permitted to
				participate is a person that may be aggrieved by any final decision, order, or
				ruling of the board.
Connecticut Administrative Code › Title 10 - Education and Culture › 293 - Agency Organization, Practice and Procedure › Part II - Rules of Practice Definitions › Section 10-293-14 - 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 a written notice of appearance with the
				  hearing officer. Such appearance may be filed in behalf of parties and
				  intervenors by an attorney, an agent, or other duly authorized representative
				  subject to the rules hereinabove stated, setting forth the address and
				  telephone number of such party or intervenor.
Connecticut Administrative Code › Title 10 - Education and Culture › 293 - Agency Organization, Practice and Procedure › Part II - Rules of Practice Definitions › Section 10-293-15 - Commencement of contested case

Current through July 10, 2024
When a hearing is required by law, the contested case shall
				  commence on the date of filing of the request for the hearing for purposes of
				  Section
				  4-181
				  of the General Statutes.
Connecticut Administrative Code › Title 10 - Education and Culture › 293 - Agency Organization, Practice and Procedure › Part II - Rules of Practice Definitions › Section 10-293-16 - Notice of hearings

Current through July 10, 2024
(a)
Persons
				notified.
Except when the board shall otherwise direct, the board shall
				give written notice of a hearing in any pending matter to all 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 board their written request for notice of hearing in a
				particular matter. Written notice shall be given to such additional persons as
				the board shall direct. The board may give such public notice of the hearing as
				the board shall deem appropriate within the provisions of Sections
				1-15,
				1-18a, 1-19 to
				1-19b, inclusive, and
				1-21 to 1-21k, inclusive of the General Statutes.
(b)
Contents of notice.
Notice
				of a hearing shall include but shall not be limited to the following:
(1) a statement of the time, place and nature
				of the hearing;
(2) a statement of
				the legal authority and jurisdiction under which the hearing is to be held and
				the particular sections of the statutes and regulations involved;
(3) a short and plain statement of fact
				describing the purpose of the hearing and the principal facts to be asserted
				therein or, in lieu thereof, a copy of the request for the hearing.
Connecticut Administrative Code › Title 10 - Education and Culture › 293 - Agency Organization, Practice and Procedure › Part II - Rules of Practice Definitions › Section 10-293-17 - Hearings, general provisions

Current through July 10, 2024
(a)
Purpose
				of hearing.
The purpose of any hearing the board conducts under Chapter
				54 of the General Statutes, shall be to provide to all parties an opportunity
				to present evidence and argument on all issues to be considered by the
				board.
(b)
Order of
				presentation.
In hearings on complaints, applications and petitions, the
				party that shall open and close the presentation of any part of the matter
				shall be the complainant, applicant or petitioner, unless otherwise provided by
				the board or the hearing officer for good cause shown.
(c)
Limiting number of
				witnesses.
To avoid unnecessary cumulative evidence, the board or 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)
Written testimony.
The board
				may, by order of the hearing officer, permit any party to offer testimony in
				written form. Such written testimony shall be received in evidence with the
				same force and effect as though it were stated orally by the witness who has
				given the evidence, provided that each such witness shall be present at the
				hearing at which the testimony is offered, shall adopt the written testimony
				under oath, and shall be made available for cross examination as directed by
				the hearing officer. Prior to its admission such written testimony shall be
				subject to objections by parties.
Connecticut Administrative Code › Title 10 - Education and Culture › 293 - Agency Organization, Practice and Procedure › Part II - Rules of Practice Definitions › Section 10-293-18 - 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 of
				  the General Statutes.
(a)
General.
Any oral or documentary evidence may be received; but the
				hearing officer shall, as a matter of policy, exclude irrelevant, immaterial or
				unduly repetitious evidence. The board or hearing officer shall give effect to
				the rules of privilege recognized by law in Connecticut where appropriate to
				the conduct of the hearing. Subject to these requirements and subject to the
				right of any party to cross examine, any testimony may be received in written
				form as herein provided.
(b)
Documentary evidence, copies.
Documentary evidence may be received
				at the discretion of the board or hearing officer in the form of copies or
				excerpts, if the original is not found readily available. Upon request by any
				party an opportunity shall be granted to compare the copy with the original,
				which shall be subject to production by the person offering such
				copies.
(c)
Cross
				examination.
Such cross examination may be conducted as the hearing
				officer shall find to be required for a full and true disclosure of the
				facts.
(d)
Facts noticed,
				board records.
The board may take administrative notice of judicially
				cognizable facts, including the records and the prior decisions and orders of
				the board. Any exhibit admitted as evidence by the board in a prior hearing may
				be offered as evidence in a subsequent hearing and admitted as an exhibit
				therein; but the board shall not deem such exhibit to be cognizable in whole or
				in part for this purpose and shall not consider any facts set forth therein
				unless such exhibit is duly admitted as evidence in the matter then being
				heard.
(e)
Facts noticed,
				scope and procedure.
The board may take administrative notice of
				generally recognized technical or scientific facts within the board's
				specialized 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 preliminary reports or otherwise, of the material
				noticed. The board shall nevertheless employ the board's experience, technical
				competence, and specialized knowledge in evaluating the evidence presented at
				the hearing for the purpose of making its findings of fact and arriving at a
				final decision.
Connecticut Administrative Code › Title 10 - Education and Culture › 293 - Agency Organization, Practice and Procedure › Part II - Rules of Practice Definitions › Section 10-293-19 - Uncontested disposition of complaint, application or petition

Current through July 10, 2024
Unless precluded by law, any complaint, application or
				  petition may be resolved by stipulation, agreed settlement, consent order or
				  default, subject to the order of the board. Upon such disposition a copy of the
				  order of the board shall be served on each party.
Connecticut Administrative Code › Title 10 - Education and Culture › 293 - Agency Organization, Practice and Procedure › Part II - Rules of Practice Definitions › Section 10-293-20 - Proposal for decision in a contested case

Current through July 10, 2024
(a) The board will
				proceed in the following manner in contested cases where a majority of the
				board has not heard the case or read the record. If the decision is to be
				adverse to a complainant, applicant, petitioner, or any other party, the
				decision shall not be adopted by the board until a proposal for decision is
				served upon all of the parties, and until an opportunity has been afforded to
				each party adversely affected by the proposed decision to file exceptions, to
				present briefs, and to make oral argument before the board. The board may limit
				the period of time for argument by serving notice of such limitation upon all
				of the parties simultaneously with the proposal for decision. For good cause
				shown, the board may enlarge the period of time for argument if the request is
				made in writing, stating the reasons therefor, and filed with the board on or
				before the Friday immediately prior to the proceeding at which such proposal
				for decision is scheduled to be discussed and/or acted upon by the
				board.
(b) In the proposal for
				decision to be served upon the parties, the hearing officer will set forth
				his/her reasons therefor and a statement of each issue of fact or law that
				he/she finds necessary to reach the conclusion contained in the proposed
				decision.
(c) Compliance with the
				above-stated requirement concerning the proposal for decision may be waived by
				a written stipulation of the parties.
Connecticut Administrative Code › Title 10 - Education and Culture › 293 - Agency Organization, Practice and Procedure › Part II - Rules of Practice Definitions › Section 10-293-21 - Contents of the record in a contested case

Current through July 10, 2024
The record of a hearing in a contested case shall include:
(1) all motions, applications,
				petitions, complaints, responding pleadings, bills of particulars, notices of
				hearing, and intermediate rulings;
(2) the evidence received and considered by
				the board;
(3) questions and offers
				of proof, objections, and the presiding officer's rulings thereof during the
				hearing; and
(4) the decision,
				opinion or report by the hearing officer to the board.
Connecticut Administrative Code › Title 10 - Education and Culture › 293 - Agency Organization, Practice and Procedure › Part II - Rules of Practice Definitions › Section 10-293-22 - Requests for hearing general rule

Current through July 10, 2024
These rules set forth the procedure to be followed by any
				  person requesting a hearing under Sections
				  10-295(a)
				  through
				  10-295(d)
				   inclusive,
				  10-296,
				  10-297,
				  10-298,
				  10-298a and 10-298b, 10-300, 10-300a,
				  10-304 and
				  10-309 of
				  the General Statutes.
All complaints shall be in writing and shall include the
				  following components:
(a) the exact
				legal name of each person seeking relief and the address or principal place of
				business of each such person;
(b) a
				concise and explicit statement of the facts on which the board is expected to
				reply in granting the relief sought including but not limited to:
(1) the date of the alleged cause of the
				complaint;
(2) the substance of the
				circumstances and situation which formulate the basis for the
				complaint;
(3) the relief
				sought.
Connecticut Administrative Code › Title 10 - Education and Culture › 293 - Agency Organization, Practice and Procedure › Part II - Rules of Practice Definitions › Section 10-293-23 - Procedure in response to complaint

Current through July 10, 2024
The board may provide an opportunity for an informal
				  conference to discuss the matter prior to any formal hearing. The board or
				  hearing officer may require the attendance of the complainant and all other
				  parties at such an informal conference at a time and place designated for the
				  purpose of reaching an informal resolution of the matter or to determine the
				  merit of conducting a formal hearing. Upon failure to resolve the matter at the
				  informal conference and upon determining that a formal hearing is to be
				  conducted as a contested case, the board or hearing officer shall order a
				  hearing at a designated time and place. The board or hearing officer will give
				  notice of the hearing in the form and manner hereinabove provided by these
				  rules of practice. Such notice shall be sent to all parties against whom the
				  complaint is asserted, together with a copy of the complaint.
Connecticut Administrative Code › Title 10 - Education and Culture › 293 - Agency Organization, Practice and Procedure › Part II - Rules of Practice Definitions › Section 10-293-24 - Final decision

Current through July 10, 2024
Following receipt of exceptions or briefs, and after oral
				  argument, if any, the board shall render a final decision in accordance with
				  Section
				  4-180(a)
				  of the General Statutes, as amended.
(a) The board may affirm, modify or reverse a
				proposed decision in whole or in part. The board or executive director may
				remand the matter to the hearing officer for further proceedings, including the
				reopening of the hearing for any stated purpose.
(b) All final decisions shall be in writing
				and signed by the executive director and a copy shall be sent by certified
				mail, return receipt requested to each party. A final decision shall be
				effective upon receipt or as stated in the decision, whichever is
				later.
(c) If a decision is made to
				remand or reopen a hearing, the hearing officer shall, as applicable, issue a
				revised proposed decision upon completion of the hearing, which decision shall
				be subject to the provisions of this section. Such remanded or reopened
				hearings shall be limited to the issues specified in the notice
				thereof.
Connecticut Administrative Code › Title 10 - Education and Culture › 293 - Agency Organization, Practice and Procedure › Part II - Rules of Practice Definitions › Section 10-293-25 - Declaratory rulings

Current through July 10, 2024
Petition for Declaratory Ruling
(a) Any person may at any time petition the
				board to make a declaratory ruling as provided by section
				4-176
				of the General Statutes. The petition shall be addressed to the executive
				director and state clearly and particularly the facts which give rise to the
				petition; identify the statute, regulation or order and the particular aspect
				of it to which the request is addressed; and state clearly and concisely the
				question or questions for which the petitioner requests a declaratory ruling.
				The petitioner shall sign the petition and include his or her name and address,
				and the name and address of his or her counsel, agent or representative, if
				any.
(b) Within thirty (30) days
				following receipt of a petition, the board shall determine whether to grant or
				deny the petition.
(c) If the board
				denies the petition, the executive director 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 board shall deem
				appropriate.
(d) If the board deems
				a hearing necessary or helpful in determining any issue concerning the request
				for a declaratory ruling, the board shall schedule such hearing. The board
				shall provide for notice of hearing to be given by the petitioner to all
				parties who may be affected by or have an interest in the declaratory
				ruling.
(e) Any hearing held by the
				board concerning any issue raised in a petition for a declaratory ruling and
				any decision rendered by the board shall be conducted and rendered in
				accordance with these regulations.
Connecticut Administrative Code › Title 10 - Education and Culture › 293 - Agency Organization, Practice and Procedure › Part II - Rules of Practice Definitions › Section 10-293-35 - Personal data

Current through July 10, 2024
(a)
Definitions
In addition to the terms defined in Sections
				  4-190 and
				  10-306
				  of the Connecticut General Statutes, the following definitions shall apply to
				  these regulations:
(1) "Category of
				Personal Data" means the classifications of personal information set forth in
				the Personal Data Act, Connecticut General Statute 4-190(9); and
(2) "Other Data" means any information which
				because of name, identifying number, mark or description can be readily
				associated with a particular person.
Connecticut Administrative Code › Title 10 - Education and Culture › 293 - Agency Organization, Practice and Procedure › Part II - Rules of Practice Definitions › Section 10-293-36 - Personnel records

Current through July 10, 2024
The following information concerns the board's maintenance
				  and use of records pertaining to the board's personnel:
(1) Name: Board of Education and Services for
				the Blind Personnel File.
(2) Type:
				Personnel records are maintained in both automated and manual form.
(3) Purpose: Personnel records are maintained
				for the purpose of providing a history of payroll, budgeting, evaluation,
				discipline, health, employment qualifications and any other information
				necessary for the conduct of the board's personnel and employee related
				functions.
(4) Source of Data:
				Routine sources of information contained in personnel records may include the
				employee, previous employers of the employee, references provided by
				applicants, the employee's supervisor, attendance sheets, contracts, the
				Comptroller's Office, Department of Administrative Services, Division of
				Personnel and Labor Relations and state insurance carriers.
(5) Legal Authority: Personal data in
				personnel records are collected, maintained and used under authority of the
				State Personnel Act, Connecticut General Statutes, Section
				5-193
				et seq.
(6) Categories of Personal
				Data: Categories of personal data maintained in personnel records may include:
(A) financial information such as longevity
				payments, compensation plan, payroll and deductions; and
(B) employment information such as starting
				date, attendance information, vacation, sick and personal leave days accrued
				and used, title of position, and performance appraisal.
Connecticut Administrative Code › Title 10 - Education and Culture › 293 - Agency Organization, Practice and Procedure › Part II - Rules of Practice Definitions › Section 10-293-37 - Special education records

Current through July 10, 2024
The following information concerns the maintenance and use of
				  records in the board's special educational programs:
(1) Name: Special Education Program
				File
(2) Type: Automated and
				Manual
(3) Purpose: to enable the
				board to meet the requirements of Section
				10-295
				of the Connecticut General Statutes to provide special educational programs to
				all residents of the state who, because of blindness or impaired vision,
				require such special education.
(4)
				Source of Data: Routine sources of information maintained in the special
				educational program file include the student, the student's parents, physicians
				and other health care professionals or providers, and educational professionals
				and institutions.
(5) Legal
				Authority: Section
				10-295
				of CGS.
(6) Categories of Personal
				Data:
(A) Education including school name,
				level of study and performance or grade level;
(B) Health including physical and mental
				capacities, medical diagnosis, history of treatment and prognosis;
(C) Educational and vocational including
				vocational potential, psychological and other test results, pupil placement
				team reports and individual educational plans; and
(D) Financial including cost of student
				program.
Connecticut Administrative Code › Title 10 - Education and Culture › 293 - Agency Organization, Practice and Procedure › Part II - Rules of Practice Definitions › Section 10-293-38 - Register of blind

Current through July 10, 2024
The following information is used in maintaining a registry
				  of blind persons in the state:
(1)
				Name: Register of Blind Persons.
(2) Type of System: both automated and
				manual.
(3) Purpose: to allow the
				board to meet the requirements of Sections
				10-208
				and
				10-305
				of CGS to prepare and maintain a registry of blind in the state including cause
				of blindness and capacity for education and industrial training.
(4) Source of Data: routine sources of
				information are the blind or visually impaired person, physicians,
				optometrists, educational institutions and other state agencies such as the
				Division of Vocational Rehabilitation.
(5) Legal Authority: Sections
				10-298
				and
				10-305
				of CGS.
(6) Categories of Personal
				Data:
(A) medical including diagnosis, cause
				of blindness and prognosis;
(B)
				educational including grade level, performance level and potential for
				learning; and
(C) vocational
				including work history, vocational capacities and interests.