Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 247e - Abuse and Neglect Registry › Section 17a-247e-8 - Hearing responsibilities and procedures

Current through July 10, 2024
(a) Within
			 forty-five (45) days following notification by an employer, during which the
			 department will verify necessary information, including the substantiation of
			 abuse or neglect, the department shall notify the employee by certified mail
			 that his name has been submitted by his former employer for placement on the
			 registry following a termination or separation from employment for
			 substantiated abuse or neglect and that a hearing will be convened to determine
			 whether the employee's name should be placed on the registry.
(b) Such notification shall include the date,
			 time and location of the hearing specifying the allegation(s) of abuse or
			 neglect substantiated by the authorized agency. Not less than two weeks prior
			 to the hearing, the department shall make available to the employee, for
			 review, inspection and copying, the investigation report, all documents
			 included in the investigation file maintained by the employer or authorized
			 agency, including but not limited to any statements by witnesses and
			 interviews, except as otherwise protected by law from disclosure, any report or
			 statement prepared in accordance with subsection (f), subdivision (3) of
			 Section
			 17a-247e-2
			 of the Regulations of Connecticut State Agencies, and the contents of the
			 administrative record maintained in accordance with Section
			 4-177
			 of the Connecticut General Statutes. Except for disclosure necessary for the
			 identification of witnesses, personally identifying information about
			 department clients, including client records, shall not be disclosed, except
			 upon a determination by the hearing officer, balancing relevant interests, that
			 such disclosure is necessary to the fair conduct of the hearing. Nothing in
			 this section alters the rights of the parties to access to relevant documents
			 in accordance with the Uniform Administrative Procedures Act, nor is any party
			 prohibited from requesting that the hearing officer conduct an in camera review
			 of any relevant document to resolve any issue concerning the privacy,
			 confidentiality, or privileged status of the information contained
			 herein.
(c) Hearing officers for
			 the conduct of hearings concerning the placement of an employee's name on the
			 registry shall be appointed by the commissioner. Hearing officers shall not be
			 employees of the department.
(d)
			 The hearing shall be conducted in accordance with Sections
			 4-177
			 to
			 4-181a,
			 inclusive, of the Connecticut General Statutes. The hearing officer shall
			 consider all relevant evidence within the scope of the hearing, except when
			 properly excluded in accordance with Section
			 4-178
			 of the Connecticut General Statutes. The scope of any hearing convened pursuant
			 to Sections
			 17a-247e-1 to
			 17a-247e-9,
			 inclusive, of the Regulations of Connecticut State Agencies shall be limited to
			 the following issues for which the department bears the burden of proof:
(1) whether the individual is or was an
			 employee, as defined in Section
			 17a-247a of the
			 Connecticut General Statutes;
(2)
			 whether the individual was employed by an employer as defined in Section
			 17a-247a of the
			 Connecticut General Statutes;
(3)
			 whether the individual was terminated or separated from employment due to
			 allegations of abuse or neglect as defined by Section
			 17a-247a of the
			 Connecticut General Statutes, and Section
			 17a-247e-1 of the
			 Regulations of Connecticut State Agencies;
(4) whether the allegations of abuse or
			 neglect were substantiated by an authorized agency in accordance with the
			 procedures set forth in Section
			 17a-247e-2
			 of the Regulations of Connecticut State Agencies; and
(5) whether the allegations of abuse or
			 neglect, as defined in Section
			 17a-247a of the
			 Connecticut General Statutes, that were substantiated are supported by a
			 preponderance of evidence.