Connecticut Administrative Code › Title 31 - Labor › 237g - Proceedings on Disputed Matters Pertaining to Unemployment Compensation Claims › Article II - Appeals to the Referee › Section 31-237g-30 - Conduct of hearing

Current through July 10, 2024
(Statutory reference: 31-242, 31-244a, 31-245, 31-254, 1-19
				  (b) (2), 1-18a (e) (5))
(a) The
				Referee shall hear the case
de novo,
and shall not be bound by
				the previous decision of the administrator. The Referee shall conduct and
				control the hearing informally and shall not be bound by the ordinary common
				law or statutory rules of evidence or procedure. The Referee shall make inquiry
				in such manner, through oral testimony and written and printed records, and
				take any action consistent with the impartial discharge of his duties, as is
				best calculated to ascertain the relevant facts and the substantial rights of
				the parties, furnish a fair and expeditious hearing, and render a proper and
				complete decision. The Referee may, at any time, examine or cross-examine any
				party or witness, and require such evidence as the Referee determines to be
				necessary for a proper and complete decision. The Referee may, at any time,
				indicate on the record that the testimony being presented is not being supplied
				by a person with actual personal knowledge of the facts in question. The
				Referee shall determine the order for presentation of evidence and he may
				exclude testimony and evidence which he determines to be incompetent,
				irrelevant, unduly repetitious, or otherwise improper, provided that, before
				excluding any such evidence, the referee shall permit the offering party an
				opportunity to describe the evidence and to explain its reliability and
				importance to the case. When a party is not represented by an attorney, the
				Referee shall, as he deems necessary in the interests of justice, advise such
				party as to his rights, aid him in examining and cross-examining witnesses,
				help him in presenting evidence and otherwise render such assistance as is
				compatible with the impartial discharge of the Referee's duties.
(b) The Referee shall have authority to
				administer oaths and affirmations. All testimony at the hearing before the
				Referee shall be under oath or affirmation which shall be included on the
				hearing record. Any interpreter participating in such hearing shall so
				interpret under the separate oath for interpreters which shall also be included
				on the hearing record. Upon administering such oath or affirmation, the Referee
				may require the interpreter to interpret, to the extent possible, word for word
				in the first person as the person being interpreted for so
				communicates.
(c) The hearing shall
				be confined to the issues which the notice of hearing issued pursuant to
				Section
				31-237g-17(e)
				of these regulations indicates may be covered at the hearing. The hearing may
				also cover, at the discretion of the Referee, any separate issue which the
				parties are prepared and willing to go forward on and on which they expressly
				waive right to notice of.
(d) At
				the commencement of the hearing, the Referee shall, on the hearing record:
(1) announce the title and case number of the
				appeal;
(2) announce the
				commencement time, date and location of the hearing;
(3) announce the identity of the Referee and
				indicate that the Referee is a member of the Appeals Division which is separate
				and independent from the Administrator;
(4) identify all parties, representatives and
				witnesses present, indicate on whose behalf each such representative or witness
				is appearing, and verify the mailing addresses of all such parties and
				representatives;
(5) explain the
				procedure to be followed at the hearing, including a statement as to the
				Referee's full authority over the conduct of the hearing.
(6) explain the
de novo
nature of the hearing, provided it is explained that the Administrator's
				records shall be considered as evidence;
(7) indicate that the hearing will be taped
				and that the official record thus obtained will be kept during the pendency of
				the appeal;
(8) indicate that the
				hearing will likely be the only full evidentiary hearing granted in the case
				due to the fact that further appellate review is generally limited to a review
				of the record created at such hearing and therefore all parties in attendance
				should take pains to insure that they present at such hearing all testimony and
				evidence that they believe is material to the issues involved;
(9) summarize the rights and responsibilities
				of the parties at the hearing pursuant to these regulations;
(10) indicate that a written decision upon
				the appeal will be mailed by the Referee to all parties and representatives
				with reasonable promptness following the close of the hearing, and advise the
				parties as to the appeal rights of the party aggrieved by such
				decision;
(11) advise the claimant
				to continue to file benefit claims as instructed by the Administrator in order
				to preserve the claimant's rights during the pendency of the appeal;
(12) summarize the case history of the appeal
				and indicate the issues which appear to be involved;
(13) indicate which party has the burden of
				proof, if any, with regard to the issues involved;
(14) announce that the Appeals Division has
				statutory power to authorize and limit the fees payable for representation of a
				claimant in such proceedings and that if either the claimant or such
				representative so requests, the Appeals Division shall rule on that
				matter.