Connecticut Administrative Code › Title 1 - Provisions of General Application › 92 - Description of Organization and Rules of Practice › II - RULES OF PRACTICE › Article 3 - Hearing Procedure for Determination of Violations under Subsection (b) of Section 1-82 and Subsection (b) of Section 1-93 of the Connecticut General Statutes › Part 4 - Hearings, Record and Decision › Section 1-92-31 - Board hearings

Current through July 10, 2024
(a) Within thirty
					 days of a finding of probable cause pursuant to sections 1-82 (a)(2) or 1-93
					 (a)(2) of the Connecticut General Statutes, the Citizen's Ethics Advisory Board
					 shall initiate a hearing pursuant to sections 1-82(b) and 1-93(b) of the
					 Connecticut General Statutes to determine whether there has been a violation of
					 the Codes of Ethics. The thirty day time period shall not apply if the judge
					 trial referee determines that good cause exists for extending such limitation
					 period.
(b) The enforcement
					 division of the Office of State Ethics shall contact the chief court
					 administrator prior to the date of commencement of any board hearing, and
					 request that the chief court administrator designate a judge trial referee who
					 has not taken part in the probable cause determination to preside over the
					 board hearing.
(c) The judge trial
					 referee shall rule on all issues concerning the application of the rules of
					 evidence, which rules shall be the same as in judicial proceedings. The judge
					 trial referee shall have no vote in the decision of the board as to whether a
					 violation has occurred. The judge trial referee shall have the same authority
					 as is provided in section 51-35 of the Connecticut General Statutes, over
					 witnesses who refuse to obey a subpoena or to testify with respect to any
					 matter upon which such witness may be lawfully interrogated, and may commit any
					 such witness for contempt for a period of no longer than thirty days.
(d) The respondent at the hearing
					 shall have the right to be represented by legal counsel, the right to compel
					 attendance of witnesses and the production of books, documents, records and
					 papers and to examine and cross-examine witnesses.
(1) Not later than fifteen days prior to the
					 commencement of any board hearing, the enforcement division shall provide the
					 respondent, and any other party to the proceeding, with copies of all exhibits
					 that it anticipates will be introduced into evidence in the direct presentation
					 of its case. Except as otherwise ordered by the judge trial referee, each
					 exhibit shall be marked by the enforcement division prior to being copied and
					 exchanged.
(2) Not later than ten
					 days prior to the commencement of any board hearing, the respondent, and any
					 other party to the proceeding, shall provide the enforcement division with
					 copies of all exhibits that the respondent or party anticipate(s) will be
					 introduced into evidence in the responsive presentation of the respondent's or
					 party's case(s). Except as otherwise ordered by the judge trial referee, each
					 exhibit shall be marked by the respondent, or party where applicable, prior to
					 being copied and exchanged.
(3) Not
					 later than five days prior to the commencement of any board hearing, the
					 enforcement division, the respondent, and any other party to the hearing shall
					 each draft and exchange, in writing, a list of the exhibits of which each plans
					 on making objection to their introduction. For each exhibit that is the subject
					 of an anticipated objection, the objector shall identify the exhibit and
					 articulate the reason that he or she believes the evidence should be excluded.
					 All written objections shall be filed with the judge trial referee prior to the
					 commencement of the board hearing, or as otherwise directed by the judge trial
					 referee.
(4) Prior to the
					 commencement of any board hearing, the enforcement division, the respondent,
					 and any other party, shall make
bona fide
attempts to resolve
					 any objections that have been raised to proposed exhibits.
(5) If, after
bona fide
attempts at resolution have failed to resolve an objection, any party may file
					 a motion
in limine
with the judge trial referee regarding the
					 admission or exclusion of evidence that has been the subject of the objection.
					 Such motion shall be in writing and shall describe the anticipated evidence and
					 the prejudice which may result therefrom. The judge trial referee may grant the
					 relief sought in the motion or such other relief as it may deem appropriate,
					 may deny the motion with or without prejudice to its later renewal, or may
					 reserve decision thereon until a later time in the proceeding.