reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article II - SCOPE AND CONSTRUCTION OF RULES › Part I - General Provisions › Section 38a-8-13 - Effect of filing

Current through July 10, 2024
(a) The filing with
				  the department of any application, petition, complaint, request for declaratory
				  ruling or any other filing of any nature whatsoever shall not relieve any
				  person of the obligation to comply with any statute, regulation or order of the
				  Commissioner.
(b) Unless the
				  Commissioner provides otherwise in writing, accepting the filing of any
				  non-conforming petition, application, exhibit, annex or document of any kind
				  whatsoever, shall not be construed as a waiver of compliance with these
				  rules.
(c) Any petition or
				  application filed for the purpose of securing from the Commissioner an approval
				  or grant of permission under the rules of practice and any supporting evidence
				  annexed or filed as part of such petition or application shall be part of the
				  public records of the department as defined by section
				  1-200
				  of the Connecticut General Statutes, except when expressly excluded by the
				  provisions of section
				  1-210(b)
				  of the Connecticut General Statutes, or other statutes. Such public record
				  shall include and not be limited to all written forms, required components,
				  pre-filed testimony, exhibits, and other evidence attached to the application
				  as part thereof.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article II - SCOPE AND CONSTRUCTION OF RULES › Part 2 - Formal Requirements › Section 38a-8-14 - Date of filing

Current through July 10, 2024
All orders, decisions, findings of fact, correspondence,
					 motions, petitions, applications, and any other documents governed by the rules
					 of practice, including rate applications and applications for approval as
					 hereinafter defined, shall be deemed to have been filed or received on the date
					 on which they are issued or received by the department or the Commissioner at
					 its principal office, except as hereinafter provided.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article II - SCOPE AND CONSTRUCTION OF RULES › Part 2 - Formal Requirements › Section 38a-8-15 - Identification of communications

Current through July 10, 2024
Communications should embrace only one matter and shall
					 contain the name and address of the sender and an appropriate file reference to
					 the subject of the communication. When the subject matter pertains to a
					 proceeding pending before the insurance department, the title of the proceeding
					 and the department docket number should be given.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article II - SCOPE AND CONSTRUCTION OF RULES › Part 2 - Formal Requirements › Section 38a-8-16 - Signatures

Current through July 10, 2024
Every application, notice, motion, petition, brief,
					 memorandum and other communications shall be signed by the filing person or by
					 one or more attorneys in their individual names on behalf of the filing
					 person.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article II - SCOPE AND CONSTRUCTION OF RULES › Part 2 - Formal Requirements › Section 38a-8-17 - 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 the rules of practice or by any
				  other rules or regulations of the Commissioner or as ordered or expressly
				  requested by the Commissioner, at the time motions, petitions, applications,
				  documents or other papers are filed with the Commissioner, there shall be
				  furnished to the Commissioner the original of such papers. In addition to the
				  original, there shall also be filed four (4) copies for the use of the
				  department, the staff, and the public, unless a greater or lesser number of
				  such copies is expressly requested by the Commissioner.
(b)
Form.
Except for such forms
				  as may from time to time be provided or adopted by the department and used
				  where appropriate, all documents and papers including but not limited to
				  motions, petitions, applications, notices, briefs, exhibits, and all other
				  written materials filed for the purpose of any proceeding before the department
				  shall be on only one side of eight and one half by eleven inch
				  (81/2" x 11") paper, unless pre-printed, and shall
				  be double spaced. Reproduced copies of the original documents will be accepted
				  provided all copies filed are clear and permanently legible.
(c)
Filing.
All motions,
				  petitions, applications, documents or other papers relating to matters
				  requiring action by the Commissioner or the department shall be filed with the
				  Commissioner, at the Department's principal office.
(d) Failure to comply with the provisions of
				  this section shall constitute a deficiency in filing and as such shall be
				  subject to the regulations governing that contingency.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article II - SCOPE AND CONSTRUCTION OF RULES › Part 2 - Formal Requirements › Section 38a-8-18 - Service

Current through July 10, 2024
(a)
General rule.
Service of all
				  documents and other papers filed in all contested cases, including but not
				  limited to motions, petitions, applications, notices, briefs, and exhibits
				  shall be by personal delivery, first class mail or other manner as determined
				  by the Commissioner, except as otherwise provided by law.
(b)
On whom served.
In addition
				  to the filing of such documents and papers by the person filing an original
				  plus four (4) copies on the Commissioner, one copy shall be served by personal
				  delivery, first class mail or other manner as determined by the Commissioner on
				  every person that has theretofore been designated a party or intervenor in the
				  proceeding. Certification of such service shall be endorsed on all documents
				  and other papers when filed with the Commissioner.
(c)
Service by the Commissioner.
A copy of any documents or other papers served by the Commissioner showing the
				  addresses to whom the document or other paper was mailed and the date of
				  mailing shall be placed in the department'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
				  Commissioner, shall be given to the party affected thereby and to such other
				  person as the Commissioner may deem appropriate by personal service upon such
				  person, first class mail or other manner determined by the
				  Commissioner.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article III - REQUIREMENTS FOR APPLICATIONS AND PETITIONS › Part I - General Provisions › Section 38a-8-19 - General rule

Current through July 10, 2024
Petitions and applications shall include all proposals,
					 requests, applications, petitions, and filings of whatever nature that are
					 placed before the Commissioner or the Insurance Department pursuant to law
					 including, but not limited to, petitions for declaratory ruling, petitions for
					 regulation, applications for any license, and applications for approval of
					 rates or contracts.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article III - REQUIREMENTS FOR APPLICATIONS AND PETITIONS › Part I - General Provisions › Section 38a-8-20 - Function of application

Current through July 10, 2024
The petition or application and annexed materials may be
					 treated by the department as a substantially complete statement of the case in
					 chief of the applicant or petitioner.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article III - REQUIREMENTS FOR APPLICATIONS AND PETITIONS › Part I - General Provisions › Section 38a-8-21 - Required components, general

Current through July 10, 2024
(a)
Form.
The form to be followed in the filing of petitions and
				  applications hereunder will vary to the extent necessary to provide for the
				  nature of the legal rights, duties or privileges involved therein. In addition
				  to the special provisions for particular types of petitions and applications
				  provided by the rules of practice, all petitions and applications shall include
				  the following components:
(1) Each petition or
				  application shall incorporate a statement setting forth clearly and concisely
				  the authorization or other relief sought. The statement shall cite by
				  appropriate reference the statutory provision or other authority under which
				  such authorization or relief is to be granted by the Commissioner.
(2) The exact legal name of each person
				  seeking the authorization or relief and the address or principal place of
				  business of each such person. If any applicant or petitioner is a corporation,
				  trust association or other organized group, it shall also give the state under
				  the laws of which it was created or organized.
(3) The name, title, address and telephone
				  number of the attorney or other person to whom correspondence or communications
				  in regard to the petition or application shall be addressed. Notice, orders and
				  other papers may be served upon the person so named; and such service shall be
				  deemed to be service upon the petitioner or applicant.
(4) A concise and explicit statement of the
				  facts on which the Commissioner is expected to rely in granting the
				  authorization or other relief sought.
(5) An explanation of any unusual
				  circumstances involved in the petition or application to which the Commissioner
				  will be expected to direct particular attention, including the existence of
				  emergency conditions or any request for the granting of interlocutory relief by
				  way of an interim order in the proceeding.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article III - REQUIREMENTS FOR APPLICATIONS AND PETITIONS › Part I - General Provisions › Section 38a-8-22 - Original records

Current through July 10, 2024
When so required, the petitioner or applicant shall furnish
					 and make available for the use of the department the original books, papers,
					 and documents from which any evidence supporting the granting of the petition
					 or application is derived. Failure to furnish records as directed may be
					 grounds for rejecting any component and, if appropriate, for the entry of a
					 decision denying the petition or application.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article III - REQUIREMENTS FOR APPLICATIONS AND PETITIONS › Part I - General Provisions › Section 38a-8-23 - Fees

Current through July 10, 2024
(a) All application fees or other charges
				  required or authorized by law shall be paid to the Commissioner by check or
				  money order made payable to the Treasurer, State of Connecticut, at the time
				  that the application is filed, unless otherwise required by law.
(b) Except as otherwise provided by law, if
				  the Commissioner finds that any application received from an applicant does not
				  conform to law, the Commissioner may return it, with any fee that was submitted
				  with it, to the applicant for correction.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article III - REQUIREMENTS FOR APPLICATIONS AND PETITIONS › Part I - General Provisions › Section 38a-8-24 - Date of filing, components, deficiencies

Current through July 10, 2024
(a) The date of
				  filing of any application with the department shall be the date that the
				  application is received by the Commissioner.
(b) An application shall consist of all the
				  required components and any special components set forth in the rules of
				  practice.
(c) Any application or
				  petition which is incomplete or not in conformity with the rules of practice
				  may be rejected by the Commissioner.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article III - REQUIREMENTS FOR APPLICATIONS AND PETITIONS › Part 2 - Special Provisions › Section 38a-8-26 - Petition requesting the promulgation, amendment or repeal of regulations

Current through July 10, 2024
(a)
General.
Any interested
				  person may at any time petition the Commissioner requesting the promulgation,
				  amendment or repeal of a regulation.
(b)
Form.
The petition shall
				  conform to the general provisions of the rules of practice where applicable
				  and, in addition, shall set forth clearly and concisely the text of the
				  proposed regulation or amendment or the provisions sought to be repealed. The
				  petition shall also state the facts and arguments on which the petitioner
				  relies either in the petition or in a brief annexed thereto.
(c)
Decision on petition.
Not
				  more than thirty (30) days after receipt of the petition, the Commissioner
				  shall determine whether to deny the petition or to initiate regulation making
				  proceedings in accordance with law.
(d)
Procedure on denial.
If the
				  Commissioner denies the petition, the Commissioner shall give the petitioner
				  notice in writing, stating the reasons for the denial.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article III - REQUIREMENTS FOR APPLICATIONS AND PETITIONS › Part 2 - Special Provisions › Section 38a-8-27 - Petition for declaratory ruling

Current through July 10, 2024
(a)
General.
The rules of practice set forth the procedure to be
				  followed by the Commissioner in the disposition of requests for declaratory
				  rulings as to the validity of any regulation, or the applicability of any
				  statutory provision or of any regulation or order of the
				  Commissioner.
(b)
Form of
				  petition for declaratory ruling.
Any person may at any time request a
				  declaratory ruling from the Commissioner with respect to the validity of any
				  regulation, or applicability to such person of any statute, regulation or order
				  enforced, administered or promulgated by the Commissioner. Such request shall
				  be filed in accordance with the applicable provisions of the rules of practice
				  and shall in addition:
(1) state clearly and
				  concisely the substance and nature of the request;
(2) identify the statute, regulation or order
				  concerning which the inquiry is made; and
(3) identify the particular aspect thereof to
				  which the inquiry is directed. The request for an advisory ruling shall be
				  accompanied by a statement of any supporting data, facts, and arguments that
				  support the position of the person making the inquiry.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article IV - HEARINGS › Part I - General Provisions › Section 38a-8-30 - Calendar of hearings

Current through July 10, 2024
The Commissioner shall maintain a docket of all proceedings
					 of the Department. The Commissioner shall maintain a hearing calendar of all
					 proceedings that are to receive a hearing. Proceedings shall be placed on the
					 hearing calendar in the order in which the proceedings are listed on the docket
					 of the department, unless otherwise ordered by the Commissioner. The Department
					 shall maintain a calendar of scheduled hearings. The Department shall give
					 notice by mail of each hearing, at least one week prior to the date set for
					 such hearing, to any person who has filed a written request for such notice
					 with the Department, except that the Department may give notice as it deems
					 practical of hearings called less than seven days prior to the date set for
					 such hearing. Any request for notice filed pursuant to this section shall be
					 valid for one year from the date on which it is filed unless a renewal request
					 is filed. Renewal requests shall be filed within thirty days after January 1 of
					 each year pursuant to section
					 1-227
					 of the Connecticut General Statutes. The charge for fulfilling the requests of
					 those persons who have requested written notice of hearings is $20.00 per
					 year.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article IV - HEARINGS › Part I - General Provisions › Section 38a-8-31 - Public hearing; hearing location; recording, broadcasting or photographing hearings

Current through July 10, 2024
(a) Unless
				  otherwise provided by statute, all hearings shall be open to the
				  public.
(b) Unless by statute or by
				  direction of the Commissioner a different place is designated, all hearings of
				  the department shall be held at Hartford at the Office of the
				  Commissioner.
(c) At any public
				  hearing, the Commissioner or presiding officer may direct that any recording,
				  radio, television or broadcasting equipment is to be placed in a stationery
				  location and handled in such a manner as possible so as not to disturb the
				  proceedings or create a safety hazard.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article IV - HEARINGS › Part I - General Provisions › Section 38a-8-32 - Notice of hearings

Current through July 10, 2024
Notice of a hearing shall include but 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;
(3) A reference to the particular sections of
				  the statutes and regulations involved;
(4) A short and plain statement of fact
				  describing the nature of the hearing and the principal facts to be asserted
				  therein, except that in the case of applications and petitions, the
				  Commissioner may refer to or annex the application or petition.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article IV - HEARINGS › Part I - General Provisions › Section 38a-8-33 - Appearance and representation

Current through July 10, 2024
(a)
Taking
				  appearances.
Parties shall enter their appearance at the beginning of
				  the proceedings or at such time as may be designated by the Commissioner by
				  giving their names and addresses and stating their positions or intentions in
				  the proceedings.
(b)
Representation of parties.
(1) An
				  individual who is a party to a proceeding may represent himself or herself. A
				  bona fide officer designated by a partnership, corporation, association, or an
				  employee of a governmental subdivision or agency that is a party to a
				  proceeding, may represent that party's interest in the proceeding.
(2) A person may be represented in any
				  proceeding by an attorney at law admitted to practice in this state. An
				  attorney who is in good standing at the bar of another state, the District of
				  Columbia, or the commonwealth of Puerto Rico, may also be allowed to represent
				  any person in a proceeding before the Commissioner, provided such attorney is
				  in compliance with the requirements of section
				  2-16
				  of the Connecticut Practice Book.
(3) An attorney or other authorized
				  representative of a party shall file a Notice of Appearance with the
				  Commissioner in the following form, except that a Notice of Appearance shall
				  not be required of an attorney representing the insurance department in such
				  proceedings:
STATE OF CONNECTICUT
INSURANCE DEPARTMENT
In the Matter of:
Docket No. _________
NOTICE OF APPEARANCE
Please enter my appearance in the above-designated matter
					 on behalf of ________.
I am authorized to accept service on behalf of said
					 participation in this matter.
______________________________
Signature
______________________________
Name (Printed)
______________________________
P. O. box/address
______________________________
City, state and zip code
_______________________________
Telephone number (including area code)
_______________________________
E-mail address
After a notice of appearance has been filed in accordance
					 with this section, copies of all pleadings, notices, rulings, or decisions
					 shall be served on each and every person named in the notices of
					 appearance.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article IV - HEARINGS › Part I - General Provisions › Section 38a-8-35 - Ex parte communications

Current through July 10, 2024
(a) Unless required
				  for the disposition ex parte of matters authorized by law, neither the
				  Commissioner nor any presiding officer shall communicate directly or indirectly
				  with any person or party concerning any issue of fact or law involved in any
				  contested case that has been commenced under these rules, except upon notice
				  and opportunity for all parties to participate.
(b) Any hearing officer or presiding officer
				  and the Commissioner may severally communicate with each other ex parte and may
				  have the aid and advice of such members of the staff as are assigned to assist
				  them in such contested case. This rule shall not be construed to preclude such
				  necessary routine communications as are necessary to permit the staff to
				  investigate facts and to audit the applicable records of any party in a
				  contested case at any time before, during, and after the hearing
				  thereof.
(c) Unless required for
				  the disposition of ex parte matters authorized by law, no party or intervenor
				  in a contested case, and no person who has a direct or indirect interest in the
				  outcome of the case, shall communicate, directly or indirectly, in connection
				  with any issue in that case, with the Commissioner, a hearing officer or with
				  any employee or agent of the Insurance Department assigned to assist the
				  hearing officer or Commissioner in such case, without notice and opportunity
				  for all parties to participate in the communication.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article IV - HEARINGS › Part I - General Provisions › Section 38a-8-36 - Continuance of hearing

Current through July 10, 2024
On motion of the Commissioner, or presiding officer, or
					 that of any party, the hearing may be adjourned or continued on such terms as
					 the Commissioner or presiding officer may require.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article IV - HEARINGS › Part I - General Provisions › Section 38a-8-37 - Amendment of notice of hearing

Current through July 10, 2024
The Commissioner may amend any notice of hearing to
					 incorporate additional matters or allegations and may continue or postpone the
					 hearing for such reasonable time as justice requires to allow the parties to
					 respond to such additional matters or allegations.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article IV - HEARINGS › Part I - General Provisions › Section 38a-8-38 - Pre-hearing conference

Current through July 10, 2024
(a) The
				  Commissioner or presiding officer may, in his or her discretion, order counsel
				  or any party to meet for a pre-hearing conference. Such conference may be held
				  with one or more persons participating by telephone or other remote
				  means.
(b) At a pre-hearing
				  conference, the Commissioner or presiding officer may consider and take action
				  with respect to any or all of the following:
(1) simplification and clarification of the
				  issues;
(2) exchange of witnesses
				  and exhibit list and copies of exhibits;
(3) stipulations, admissions of fact, and
				  stipulations concerning the contents, authenticity, or admissibility into
				  evidence of documents;
(4) matters
				  of which official notice may be taken;
(5) the schedule for exchanging pre-hearing
				  motions or briefs, if any;
(6) the
				  method of service and filing of papers by the parties;
(7) determination of hearing dates;
(8) amendments to the complaint or answers
				  thereto;
(9) such other matters as
				  may aid in the orderly and expeditious disposition of the proceeding.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article IV - HEARINGS › Part I - General Provisions › Section 38a-8-39 - Rules of evidence

Current through July 10, 2024
The following rules of evidences shall be applied at
					 hearings:
(1)
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 allegations and facts as stated in the Notice of
				  Hearing or complaint issued in Insurance Department enforcement proceedings
				  shall determine the relevance of evidence at the hearing. The Commissioner or
				  presiding officer shall give effect to the rules of privilege recognized by law
				  in Connecticut. Subject to these requirements and subject to the right of any
				  party to cross-examine, any testimony may be received in written
				  form.
(2)
Documentary
				  evidence.
Documentary evidence may be received at the discretion of the
				  Commissioner or presiding officer in the form of copies or excerpts, if the
				  original is not 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, within the provisions of
				  section
				  52-180
				  of the Connecticut General Statutes.
(3)
Cross examination.
Such
				  cross examination may be conducted as the presiding officer shall find to be
				  required for a full and true disclosure of the facts.
(4) Facts noticed, department records. The
				  Commissioner or presiding officer, on his or her own initiative or at the
				  request of any party, may take notice of judicially cognizable facts, including
				  prior decisions and orders of the Commissioner or the department, and generally
				  recognized technical or scientific facts within the Department's specialized
				  knowledge.
(5)
Facts,
				  noticed, procedure.
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 Commissioner shall nevertheless employ the department's
				  experience, technical competence, and specialized knowledge in evaluating the
				  evidence presented at the hearing for the purpose of making findings of the
				  facts and arriving at a decision in any contested case.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article IV - HEARINGS › Part I - General Provisions › Section 38a-8-40 - Filing of added exhibits and testimony

Current through July 10, 2024
Upon order of the presiding officer before, during or after
					 the hearing of a case, any party or intervenor shall prepare and file added
					 exhibits and written testimony. Any party or intervenor filing added exhibits
					 or testimony shall deliver copies of such to all other parties and intervenors,
					 and shall file a certification regarding such delivery.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article IV - HEARINGS › Part I - General Provisions › Section 38a-8-41 - Uncontested disposition of case

Current through July 10, 2024
Unless precluded by law, any contested case may be resolved
					 by stipulation, agreed settlement, consent order or default upon order of the
					 Commissioner. Upon such disposition a copy of the order of the Commissioner
					 shall be served on each party in accordance with section
					 38a-8-18(d)
					 of the Regulations of Connecticut State Agencies.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article IV - HEARINGS › Part I - General Provisions › Section 38a-8-42 - The record in contested cases

Current through July 10, 2024
The record in a contested case shall include:
(1) All motions, applications, petitions,
				  complaints, responsive pleadings, bills of particulars, notices of hearing, and
				  intermediate rulings;
(2) The
				  evidence received and considered by the presiding officer;
(3) Questions and offers of proof,
				  objections, and the presiding officer's rulings thereon during the
				  hearing;
(4) The decision, opinion
				  or report by the presiding officer or the Commissioner.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article IV - HEARINGS › Part I - General Provisions › Section 38a-8-43 - Proposal for decision

Current through July 10, 2024
(a) The
				  Commissioner shall proceed in the following manner in contested cases where the
				  Commissioner has not heard the case or read the record. The decision of the
				  presiding officer shall not be adopted by the Commissioner until the presiding
				  officer's proposal for decision is served upon all of the parties and until an
				  opportunity has been afforded to each party and intervenor affected by the
				  proposed decision to file exceptions, to present briefs, and to make oral
				  argument before the Commissioner.
(b) The proposal for decision served upon the
				  parties shall state the hearing officer's reasons therefor and each issue of
				  law or fact necessary for the proposed decision.
(c) Compliance with this section may be
				  waived by a written stipulation of the parties.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article IV - HEARINGS › Part I - General Provisions › Section 38a-8-44 - Final decision

Current through July 10, 2024
All final decisions and orders of the Commissioner
					 concluding a contested case shall be in writing or orally stated and shall be
					 made a part of the record of such case. The Commissioner shall serve a copy of
					 the final decision on each party and intervenor in the manner required by the
					 rules of practice and by chapter 54 of the Connecticut General Statutes. With
					 the consent in writing of the respondent and notice to all others concerned, an
					 order may be entered without holding of any hearing or the making of any
					 findings of fact or conclusion of law.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article IV - HEARINGS › Part 2 - Special Provisions › Hearings on Applications and Petitions › Section 38a-8-47 - General provisions

Current through July 10, 2024
(a) The
					 Commissioner shall hold a hearing on any application or petition where required
					 by law and may in his or her discretion hold a hearing on any application or
					 petition presented to the Commissioner where he or she deems a hearing to be
					 necessary for a complete consideration of the matter.
(b) In addition to the general provisions of
					 this article governing hearings, the following special provisions, sections
					 38a-8-48
					 to 38a-8-53, inclusive, of the Regulations of Connecticut State Agencies shall
					 apply to all hearings on applications and petitions filed with the
					 Commissioner.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article IV - HEARINGS › Part 2 - Special Provisions › Hearings on Applications and Petitions › Section 38a-8-48 - Party and intervenor status

Current through July 10, 2024
(a) In issuing the
					 notice of hearing, the Commissioner shall designate as parties those persons
					 known to the Commissioner whose legal rights, duties or privileges are being
					 determined. All other persons proposing to be named or admitted as parties or
					 intervenors shall apply for such designation in the manner hereinafter
					 described. No other person shall be or have standing before the Commissioner as
					 a party or intervenor.
(b) The
					 Commissioner or presiding officer shall grant a person status as a party in a
					 contested case if the Commissioner or presiding officer finds that:
(1) such person has submitted a written
					 petition to the the Insurance Department and mailed copies to all parties, at
					 least five days before the date of hearing; and
(2) the petition states facts that
					 demonstrate that the petitioner's legal rights, duties or privileges shall be
					 specifically affected by the Commissioner's decision in the contested
					 case.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article IV - HEARINGS › Part 2 - Special Provisions › Hearings on Applications and Petitions › Section 38a-8-49 - Petition to be designated a party or intervenor

Current through July 10, 2024
The petition to be designated a party or intervenor as
						required by section
						38a-8-48
						of the Regulations of Connecticut State Agencies shall include the
						following:
(1) the petitioner's name
					 and address;
(2) a legal
					 description of the petitioner;
(3)
					 the identity of the individual on whom papers are to be served during the
					 course of the contested case;
(4)
					 for petitions to be designated a party, a description of the facts that
					 demonstrate that the petitioner's legal rights, duties or privileges shall be
					 specifically affected by the Department's decision in the contested case;
					 and
(5) for petitions to be
					 designated an intervenor, a description of the facts that demonstrate that the
					 petitioner's participation is in the interests of justice and will not impair
					 the orderly conduct of the proceedings.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article IV - HEARINGS › Part 2 - Special Provisions › Hearings on Applications and Petitions › Section 38a-8-51 - Procedure concerning added parties

Current through July 10, 2024
(a)
Notice of
					 designation.
In the event that the Commissioner grants any petitioner
					 status as a party or intervenor after service of the initial notice of hearing
					 in a contested case, the Commissioner or presiding officer shall give notice
					 thereof to all parties theretofore designated or admitted. The form of the
					 notice shall be a copy of the order of the department naming or admitting such
					 added party and a copy of any petition filed by such added party requesting
					 designation as a party. Service of such notice shall be in the manner provided
					 in these rules.
(b)
Public
					 comment.
In any hearing on a petition, the Commissioner or the presiding
					 officer may allow interested persons who do not wish to be made parties to
					 present comments either orally or in writing. Such comments shall be made
					 available to all parties and petitioners, and shall be given the same weight as
					 legal argument. The presiding officer may require any such statement to be
					 given under oath or affirmation.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article IV - HEARINGS › Part 3 - Special Provisions › Section 38a-8-54 - General

Current through July 10, 2024
In addition to the general provisions of this article
					 governing hearings, the following special provisions shall apply to all
					 proceedings instituted by the Commissioner for the revocation or suspension of
					 any license, in any proceeding where a fine may be imposed, and in any
					 proceeding under sections
					 38a-815
					 to
					 38a-819,
					 inclusive, of the Connecticut General Statutes alleging unfair
					 practices.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article IV - HEARINGS › Part 3 - Special Provisions › Section 38a-8-55 - Hearings - licenses, fines

Current through July 10, 2024
Except as provided in section
					 38a-8-56
					 of the Regulations of Connecticut State Agencies or any provision of the
					 Connecticut General Statutes, no license may be revoked or suspended nor any
					 fine imposed for violation of any provision within title 38a of the Connecticut
					 General Statutes or the Regulations of Connecticut State Agencies without prior
					 notice and an opportunity to be heard.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article IV - HEARINGS › Part 3 - Special Provisions › Section 38a-8-56 - Suspension pending proceedings

Current through July 10, 2024
If the Commissioner finds that the public health, safety or
					 welfare imperatively requires emergency action, and incorporates a finding to
					 that effect in his or her order, summary suspension of a license may be ordered
					 pending proceedings for revocation or other action. These proceedings shall be
					 promptly instituted and determined by the Commissioner.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article IV - HEARINGS › Part 3 - Special Provisions › Section 38a-8-57 - Hearings - unfair practices

Current through July 10, 2024
Proceedings instituted by the Commissioner alleging unfair
					 practices under sections
					 38a-815
					 to
					 38a-819,
					 inclusive, of the Connecticut General Statutes and Regulations promulgated
					 thereunder shall be conducted in accordance with the provisions of said
					 sections as supplemented by the rules of practice.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article IV - HEARINGS › Part 3 - Special Provisions › Section 38a-8-58 - Intervention - unfair practices proceeding

Current through July 10, 2024
The Commissioner shall permit any person to intervene in
					 any proceeding under sections
					 38a-817
					 and
					 38a-818
					 of the Connecticut General Statutes in accordance with section
					 38a-8-49
					 of the Regulations of Connecticut State Agencies.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article IV - HEARINGS › Part 3 - Special Provisions › Section 38a-8-59 - Notice - time

Current through July 10, 2024
Unless a greater or lesser time is required by statute or
					 regulation with regard to any proceeding subject to this section, notice shall
					 be given to the respondent at least thirty (30) days prior to a
					 hearing.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article IV - HEARINGS › Part 3 - Special Provisions › Section 38a-8-60 - Complaint

Current through July 10, 2024
(a)
Complaint issuance.
All
				  enforcement proceedings instituted by the Commissioner for the revocation or
				  suspension of any license or imposition of a fine, or both, shall be initiated
				  by serving on each respondent a complaint which shall specify in reasonable
				  detail the conduct alleged to constitute a violation of any regulation or
				  statutory provision which the commissioner has jurisdiction to enforce and
				  contain the information required by section
				  38a-8-32 of
				  the Regulations of Connecticut State Agencies and section
				  4-177
				  of the Connecticut General Statutes. In addition, the complaint shall include a
				  notice that the respondent's failure to file an answer in accordance with
				  section
				  38a-8-61 of the
				  Regulations of Connecticut State Agencies shall allow the commissioner or the
				  presiding officer to treat as admitted the allegations in the complaint and
				  issue a decision by default against the respondent, pursuant to section
				  38a-8-62 of the
				  Regulations of Connecticut State Agencies.
(b)
Amendments to complaint.
The
				  Insurance Department may file and serve, not later than the day on which a
				  hearing is scheduled, an amended complaint that includes new matters of fact or
				  law once as a matter of course before the respondent answers the complaint.
				  After the filing of a respondent's answer to the complaint, upon motion by the
				  department, the presiding officer may permit the Insurance Department to amend
				  the complaint to include new matters of fact or law, after considering whether
				  the Insurance Department has shown good cause for the amendment and whether any
				  respondent will suffer any unfair prejudice if the amendment is
				  allowed.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article IV - HEARINGS › Part 3 - Special Provisions › Section 38a-8-61 - Answer

Current through July 10, 2024
(a)
Form, content, affirmative
				  defenses.
The respondent in any enforcement proceeding shall file an
				  answer to the complaint with the Commissioner no later than twenty (20) days
				  after service of the complaint. An answer shall specifically admit, deny, or
				  state that the respondent does not have and is unable to obtain sufficient
				  information to admit or deny each allegation in the complaint. When a
				  respondent intends to deny only part of an allegation, the respondent shall
				  specify so much of it as is admitted and deny only the remainder. A statement
				  of a lack of information shall be deemed a denial. Any allegation not denied in
				  whole or in part shall be deemed admitted. Any affirmative defense shall be
				  asserted specifically in the answer.
(b)
Amendments to answer.
Upon
				  motion by a respondent, the presiding officer may, after considering good cause
				  shown by the respondent and any unfair prejudice which may result to any other
				  party, permit an answer to be amended up to and including the date scheduled
				  for the hearing.
(c)
Extension of time to answer amended complaint.
If a complaint is
				  amended pursuant to section
				  38a-8-60(b)
				  of the Regulations of Connecticut State Agencies, the time for filing an answer
				  or amended answer shall be the greater of the original time period within which
				  the respondent is required to respond, or fourteen days after service of the
				  amended complaint. If any respondent has already filed an answer, such
				  respondent shall have fourteen days after service of the amended complaint to
				  file an amended answer, unless otherwise ordered by the presiding
				  officer.
(d)
Failure to
				  answer, default.
A respondent's failure to file an answer with the
				  insurance department within the time required by this section shall allow the
				  commissioner or the presiding officer, in the exercise of his or her
				  discretion, pursuant to section
				  38a-8-62 of the
				  Regulations of Connecticut State Agencies to:
(1) treat as admitted by the respondent the
				  allegations in the complaint; and
(2) issue a default decision against the
				  respondent as provided by section
				  38a-8-62 of the
				  Regulations of Connecticut State Agencies.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article IV - HEARINGS › Part 3 - Special Provisions › Section 38a-8-62 - Default decisions

Current through July 10, 2024
The Commissioner or presiding officer may issue a default
					 decision against a respondent that fails to answer the complaint within the
					 time afforded under section
					 38a-8-61 of the
					 Regulations of Connecticut State Agencies, or a party that fails to appear at a
					 pre-hearing conference held pursuant to section
					 38a-8-38
					 of the Regulations of Connecticut State Agencies of which the party has due
					 notice, or a party that fails to appear at any duly noticed hearing. If the
					 defaulting party is the respondent, the Commissioner or presiding officer may
					 deem the allegations against the respondent admitted. If the defaulting party
					 is the insurance department, the Commissioner or presiding officer may issue a
					 default decision ordering that the complaint be dismissed.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article IV - HEARINGS › Part 3 - Special Provisions › Section 38a-8-63 - Reopened hearing

Current through July 10, 2024
A respondent may, for good cause shown, file a motion to
					 set aside a decision rendered by default no later than sixty (60) days of the
					 entry thereof. If a default was entered for failure of the respondent to file
					 an answer, the respondent shall submit said answer with the motion to reopen.
					 Upon a showing of good cause, the Commissioner may grant said motion and shall
					 schedule the hearing at the earliest date convenient to the
					 Commissioner.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article IV - HEARINGS › Part 3 - Special Provisions › Section 38a-8-64 - Conduct of enforcement hearing

Current through July 10, 2024
(a) Unless modified
				  by the Commissioner or the presiding officer, the order of proof in enforcement
				  proceedings shall be as follows:
(1) evidence
				  of the violations alleged;
(2)
				  cross-examination of the department's witnesses;
(3) evidence by respondent and his
				  witnesses;
(4) cross-examination of
				  respondent and his witnesses;
(5)
				  such rebuttal or other evidence on behalf of the department or other party in
				  interest as may be allowed by the Commissioner.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article IV - HEARINGS › Part 3 - Special Provisions › Section 38a-8-65 - Jurisdictional objections

Current through July 10, 2024
After procceedings have commenced in a contested case,
					 objections to the jurisdiction of the Insurance Department may be made to the
					 Commissioner at any time prior to the final decision.