Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 101k - Child Abuse and Neglect Registry › Section 17a-101k-8 - Conduct of the administrative hearing

Current through July 10, 2024
(a) The
			 administrative hearing shall be conducted by a hearing officer designated by
			 the commissioner or designee. The agency's case may be presented by any agency
			 employee or other designee of the commissioner. The person requesting the
			 hearing may be represented by legal counsel, except that the department shall
			 have no obligation to appoint or retain counsel for any person.
(b) The hearing officer shall have the power
			 to administer oaths and affirmations, subpoena witnesses and require the
			 production of records, physical evidence, papers and documents to any hearing
			 held in the case.
(c) The hearing
			 officer shall have the authority to limit witnesses and take any other
			 necessary actions that will facilitate the hearing process.
(d) No pre-hearing discovery shall be
			 permitted except for the opportunity to inspect and copy relevant and material
			 records, papers and documents.
(e)
			 The department may amend its allegation(s) at any time prior to or at the start
			 of the hearing, provided that such amendment is in writing and that the
			 appellant shall be granted, upon request, a continuance for the purpose of
			 preparing a response to the amended allegation(s).
(f) The department's investigative record
			 including protocol, medical records and other materials used to substantiate
			 abuse or neglect or to make the registry finding, and any relevant documents
			 submitted to the department by the individual responsible for use during the
			 internal review shall be admitted as part of the hearing record.
(g) Any oral or documentary evidence may be
			 received provided:
(1) the hearing officer
			 shall limit or exclude any evidence that is irrelevant, immaterial or unduly
			 repetitious;
(2) the hearing
			 officer shall recognize the rules of privilege governing confidential
			 professional communications;
(3)
			 when a hearing will be expedited and the interests of the parties will not be
			 prejudiced substantially, any part of the evidence may be received in written
			 form;
(4) documentary evidence may
			 be received in the form of copies or excerpts, if the original is not readily
			 available, and, upon request, parties shall be given an opportunity to compare
			 the copy with the original;
(5)
			 notice may be taken of generally recognized technical or scientific facts
			 within common knowledge or the agency's specialized knowledge;
(6) parties shall be notified in a timely
			 manner of any material noticed, including any agency memoranda or data, and
			 they shall be afforded an opportunity to contest the material so noticed;
(7) the agency's experience,
			 technical compliance, and specialized knowledge may be used in the evaluation
			 of the evidence;
(8) all parties
			 and their attorneys shall be permitted to examine all records and documents
			 introduced by the parties to the hearing. Should any record or document that a
			 party was not permitted to examine in advance of the hearing be introduced,
			 that party may request a continuance, which may be granted at the discretion of
			 the hearing officer, to allow the requesting party an opportunity to prepare a
			 response to the record or document; and
(9) a party may present evidence and argument
			 in support of his position on all issues involved and cross-examine witnesses
			 presented by the opposing party or parties.