Connecticut Administrative Code › Title 31 - Labor › 49p › Section 31-49p-8 - Hearing

Current through July 10, 2024
(a) Hearings may be ordered for such limited
			 purposes as the commissioner may direct pursuant to section 3 l-49p-3 of the
			 Regulations of Connecticut State Agencies and may be limited exclusively to
			 oral argument. Any such hearing shall be conducted by telephone or other
			 electronic means, except that the commissioner may order an in-person
			 hearing.
(b) Written notice of a
			 hearing shall be sent to each party's address, and to any attorney of record
			 for such party, not less than fifteen (15) calendar days prior to the date of
			 the hearing, except that the parties may agree to a shorter notice period. A
			 hearing may be rescheduled at the initiative of the commissioner or upon the
			 request of a party or the party's attorney, provided there is good cause for
			 such request. Such a request need not be in writing but shall be promptly made
			 as far as possible in advance of the hearing and shall describe the good cause
			 alleged for the request.
(c)
			 Subject to the commissioner's right to determine the scope of any hearing
			 ordered and to control the admission of testimony and evidence, it is the
			 responsibility of each party to present all witnesses, testimony, evidence, and
			 argument that are material to such party's contentions concerning the appeal.
			 The commissioner may order the parties to provide, in advance of any hearing, a
			 list of any witnesses that the party intends to produce at such hearing and a
			 copy of any documentary evidence that the party intends to submit at such
			 hearing. The commissioner may refuse to provide a subsequent hearing for
			 purposes of presenting testimony, evidence or oral argument not presented at a
			 hearing ordered by the commissioner, if the commissioner determines that,
			 through the exercise of due diligence by the party involved, such testimony,
			 evidence or argument could have been presented at such hearing ordered by the
			 commissioner and there was no good cause for such party's failure to do
			 so.
(d) The commissioner shall
			 prepare or arrange to have prepared a recording capable of being transcribed of
			 all proceedings at any hearing.
(e)
			 The commissioner shall conduct and control any hearing the commissioner orders.
			 Except as provided in subsection (m) of this section, the commissioner shall
			 not be bound by the ordinary common law or statutory rules of evidence or
			 procedure. Subject to the purposes of the hearing, the commissioner shall make
			 inquiry in such manner, through oral testimony and written and printed records,
			 and take any action consistent with the impartial discharge of duties, as is
			 best calculated to ascertain the relevant facts and the substantive rights of
			 the parties, furnish a fair and expeditious hearing, and render a proper and
			 complete decision. The commissioner may, at any time, examine or cross-examine
			 any party or witness, and compel the attendance of witnesses or the production
			 of documents or such other evidence as the commissioner determines necessary to
			 render a proper and complete decision. The commissioner shall determine the
			 order for presentation of evidence and may exclude testimony and evidence which
			 the commissioner determines to be incompetent, irrelevant, unduly repetitious,
			 or otherwise improper.
(f) The
			 commissioner has authority to administer oaths and affirmations. All testimony
			 at any hearing shall be under oath or affirmation. Any interpreter
			 participating in such hearing shall so interpret under the separate oath for
			 interpreters.
(g) Individuals with
			 limited English proficiency, or who are deaf or hearing impaired, shall have
			 the right to request an interpreter provided by the Connecticut Labor
			 Department. The commissioner may require the use of an interpreter for any
			 person who cannot adequately speak or understand spoken English and for whom a
			 capable interpreter has not been requested.
(h) Any document entered into the record that
			 is written in a language other than English shall be interpreted at the hearing
			 by a competent interpreter or accompanied by a correct English translation with
			 proof satisfactory to the commissioner that such translation is a correct
			 translation of the original document.
(i) Any party or witness may request a
			 reasonable accommodation that is necessary to allow that individual to
			 participate in any hearing that may be ordered by the commissioner.
(j) The hearing shall be confined to the
			 purposes and issues listed on the notice of hearing issued pursuant to
			 subsection (b) of this section. The hearing may also cover any separate issue
			 concerning the appeal on which the parties are prepared and willing to go
			 forward and on which they expressly waive right to notice of at the
			 hearing.
(k) If any party seeks to
			 introduce at such hearing any documentary evidence or material that the
			 appellant or any other party has not, at the time of the hearing, yet received
			 a copy of, the commissioner shall require a specific identification of such
			 documentary evidence or material and an explanation of the alleged importance
			 of such documentary evidence or material to the appeal involved. The
			 commissioner may exclude such documentary evidence or material unless the
			 commissioner determines that such documentary evidence or material is critical
			 to the determination of the appeal. The commissioner may:
(1) if practicable, permit such documentary
			 evidence or material to be read into the record, provided such documentary
			 evidence or material shall thereafter be filed with the commissioner and all
			 other parties in accordance with the time limitation that the commissioner may
			 reasonably direct;
(2) if the
			 commissioner deems it necessary and appropriate, reschedule the hearing;
			 or
(3) take such other action as
			 the commissioner deems appropriate.