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Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Section 13b-17-37 - Period of settling

Current through July 10, 2024
Depending upon the character of the excavation, the depth, the kind of material used in backfilling, the degree of compactness obtained and other conditions, an Inspector may require that the temporary pavement repair of an excavation be maintained until he/she is satisfied that the settlement of the backfill material is practically complete and that the permanent repair can be made without creating a hazard to the users of this highway.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Section 13b-17-38 - Making repairs on roadsides

Current through July 10, 2024
In the area between the edge of the shoulder and right-of-way line, backfilled material shall be tamped in excavations in the manner previously described until flush with the surrounding ground surface. Excess material, roots, stones and debris shall be removed by the permittee and all areas affected by his operations shall be left in a neat and orderly condition. As the backfilled material settles, additional material shall be placed by the permittee from time to time, as required, to keep the surface reasonably even. Ater the settlement is completed, the excavated area shall be left by the permittee in as good a condition as before the work started.
Where the operations of the permittee are expected to disturb gardens, lawns or shrubs, the permittee shall secure the District Maintenance Manager's approval, in advance, as to the method of accomplishing the work. The District Maintenance Manager shall designate, at that time, what part, if any, of the removal and restoration shall be done by the State, at the permittee's expense. The permittee shall be responsible for the cost of reestablishing lawns or turfed areas and shall not be relieved of this responsibility until the grass on the seeded or turfed areas has attained a uniformly dense growth with a height of at least three inches.
Grass seed used by the permittee shall be in accordance with State of Connecticut Standard Specifications for Roads, Bridges, and Incidental Construction as revised regarding purity, germination, seed varieties by weight and application rate. Grass seed may be applied by hand or by cyclone-type distributor. In established lawn areas, the permittee may be required to reestablish disturbed areas with suitable sod.
Fertilizer of the commercial type and lime should be applied to the seed bed as required by soil conditions.
Seeding will not be permitted between July 1 and August 15, unless specifically authorized by the District Maintenance Manager.
Loam, when supplied by a permittee, shall consist of loose, friable material without the admixture of subsoil, refuse, rocks, weeds or any other material which will prevent or interfere with the formation of a suitable seed bed. Prior to stripping, it shall have demonstrated by the occurrence of healthy crops, grass or other vegetative growth upon it, that it is of good quality and reasonably well-draining. The permittee shall inform the Permit Inspector of the source of the topsoil prior to transporting it to the project, to afford the State Bureau of Highways the opportunity to examine it. Any loam spilled on the surface of the State highway during haulage shall be removed promptly, before it becomes compacted by traffic. Such material, when removed, must not be cast upon the roadsides.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Section 13b-17-39 - Responsibility for replacement of pavement, shoulders and other parts of the highway

Current through July 10, 2024
Portions of the highway damaged by the permittee's operations shall be repaired or replaced to the satisfaction of the District Maintenance Manager at the permittee's expense. In excavated areas where concrete pavement had been overlaid with bituminous concrete, the District Maintenance Manager will determine whether Portland cement concrete or pre-mixed bituminous concrete will be used for the permanent repair.
The replacement of highway signs, highway monuments and all historical monuments shall be performed by the Transportation Department at the permittee's expense.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Section 13b-17-40 - Quality of construction and repair work

Current through July 10, 2024
Construction, repair and maintenance work done by a permittee shall be of the highest grade and materials used shall be of the best quality for each class of work performed. All work shall conform to the specifications of the Department and to recognized standards of construction, repair and maintenance, and must be acceptable to the District Maintenance Manager.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Section 13b-17-41 - Final inspection, acceptance of work and closing out of permits

Current through July 10, 2024
Final inspection of work performed under permit will be made by the applicable District personnel. The purpose of such inspection is to ascertain whether the work has been performed according to the terms of the permit and in a manner satisfactory to the Department. In any case, before the work will be accepted, the traveled way, shoulders, roadside, ditches and other parts of the highway must be placed in as good a condition as before the work was started.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Section 13b-17-42 - Refusal to do acceptable work

Current through July 10, 2024
If, at any time, a permittee refuses or neglects to conduct the work or furnish material as directed, the Permit Inspector shall stop the work immediately, and shall cause the permittee to arrange for a change of workmen, materials and methods. If the permittee thereafter refuses to comply with the instructions of the Permit Inspector, the District Maintenance Manager, through the Transportation Commissioner, may revoke the permit and restore the highway right-of-way and charge the permittee for all costs of this work.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Section 13b-17-44 - Keeping drainage system open

Current through July 10, 2024
The work performed under permit shall be planned and carried out so that the drainage system of the highways is effective at all times. Any costs for damages arising from the failure of a permittee to properly keep culverts, ditches, catch basins or any other drainage device from becoming obstructed must be borne by the permittee, and the deposit guarantee or performance bond shall be held by the Department until such damages are paid. When it is necessary to use a ditch or gutter area for the storage of excavated materials, supplies, construction materials or equipment, pipe or culvert of sufficient size adequate to handle normal runoff shall be placed temporarily in the ditch or gutter before the work starts. Extreme care must be exercised to see that such culverts are kept clean at all times.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Section 13b-17-45 - Protecting tree roots

Current through July 10, 2024
The greatest care shall be exercised to protect tree roots from damage, not only when excavating but also on all subsequent operations of construction and backfilling. Power machinery, such as trench diggers and shovels, shall not be allowed to operate within the root areas of trees in State highways except when specifically authorized by the Department. When roots are encountered near the base of a tree, the permittee will be required to tunnel under the root systems as directed by the Inspector. When earth has been removed from around tree roots, the roots shall be protected by wrapping with burlap or by covering with mulch. When excavated materials must be piled around the base of trees, the trunks shall be wrapped with burlap from the ground surface to a height well above that of the materials. No stones, metal products, lumber or other hard substances shall be piled in direct contact with burlap so placed. A section of trench passing within the confines of the crown spread of any tree shall be backfilled with a soil having texture and fertility sufficient to sustain plant life. No rubbish or rock shall be placed in this area at any time. Where trench sheeting or bracing is necessary within the root areas of trees on State highways, it shall be placed so that the root systems sustain the least damage.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Section 13b-17-46 - Detours

Current through July 10, 2024
When, in the opinion of the District Maintenance Manager, the pavement of a State highway may be obstructed by the permit applicant's proposed operations to such extent as to unduly restrict public usage or make hazardous its use and a parallel town road bypass is available, the following procedures shall apply:
(1) The permit applicant shall secure written permission from the town to establish a temporary detour via town roads. Any commitment made to the town and all expenses incurred by the permittee as a result of the establishment, use and restoration of said detour shall be the entire responsibility of the permittee.
(2) The permittee shall notify the State and local police and local fire department of the layout and expected time of use of the detour.
(3) Upon receipt of a written statement from the town that it has authorized a permittee to establish a detour, the permittee, at his own expense, shall supply and maintain such signs and other traffic controls as may be required on the detour.
(4) Unless the District Maintenance Manager grants special permission to the contrary, the permittee shall close all excavations in the State highway right of way by the end of the work day and the right of way shall not be obstructed or restricted from sunset to sunrise. If special permission is granted by the District Maintenance Manager to allow an excavation to remain open overnight, the special precautions described under "SAFETY TO TRAFFIC" shall be rigidly enforced. Safety regulations apply to pedestrians as well as vehicle operators.
(5) Preliminary to the detouring of State highway traffic to the local road bypass, an inspection shall be made by representatives of the State, town and permittee to determine the adequacy of the signs and the structural condition of the town roads concerned. A second inspection shall be made by the same persons when the detour is terminated so that there will be agreement as to the extent of repairs to be made by the permittee to restore the conditions equal to those existing prior to the establishment of the detour.
(6) Before the permittee shall be released from his/her obligations under the terms of his/her permit he/she must present to the District Maintenance Manager a statement, in writing, from the town or municipal government indicating that he/she has fulfilled the conditions stipulated by the local government when he/she was granted authority to establish the town road detour.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article ONE - GENERAL PROVISIONS › Part 1 - Scope and Construction of Rules and Conduct › Section 13b-17-100a - Procedures governed

Current through July 10, 2024
Sections 13b-17-100 a through 13b-17-152a, inclusive, of the Regulations of Con-necticut State Agencies govern practice and procedures before the Department of Transportation, in all contested cases and proceedings on petitions, regulations or declaratory rulings under the applicable laws of the State of Connecticut.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article ONE - GENERAL PROVISIONS › Part 1 - Scope and Construction of Rules and Conduct › Section 13b-17-102a - Applicability, purpose and construction

Current through July 10, 2024
(a) Sections 13b-17-100 a to 13b-17-152a, inclusive, of the Regulations of Con-necticut State Agencies, shall govern in all agency proceedings except that other substantive regulations of the agency, which are specific to certain proceedings, shall take precedence. Other procedural regulations of the agency which impose requirements in addition to those imposed by said sections shall also apply.
(b) As used in this section, words in the singular include the plural, words in the feminine include the masculine or neuter and vice versa, as the case may be.
(c) Sections 13b-17-100 a through 13b-17-152a, inclusive, of the Regulations of Connecticut State Agencies shall apply on and after their effective date to every agency hearing or proceeding, whether such hearing or proceeding commenced before or after such effective date, except where application to a hearing or proceeding that commenced before such effective date would unavoidably result in unfairness to any party or intervenor or would prejudice the public health, safety or welfare.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article ONE - GENERAL PROVISIONS › Part 1 - Scope and Construction of Rules and Conduct › Section 13b-17-103a - Construction and amendment

Current through July 10, 2024
Sections 13b-17-100 a through 13b-17-152a, inclusive, of the Regulations of Con-necticut State Agencies shall be so construed by the commissioner so as to secure the just and speedy determination of the issues presented in hearings and proceedings.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article ONE - GENERAL PROVISIONS › Part 1 - Scope and Construction of Rules and Conduct › Section 13b-17-104a - Computation of time

Current through July 10, 2024
In computing any period of time prescribed or allowed by sections 13b-17-100 a to 13b-17-152a, inclusive, of the Regulations of Connecticut State Agencies, or by an order, ruling, proposed final decision, final decision, regulation, license or other action of the commissioner, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, a Sunday or a state designated holiday, in which case the last day shall be the day immediately following said Saturday, Sunday or state designated holiday which is not a Saturday, Sunday or state designated holiday.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article ONE - GENERAL PROVISIONS › Part 1 - Scope and Construction of Rules and Conduct › Section 13b-17-105a - Extension of time

Current through July 10, 2024
At the discretion of the commissioner, for good cause shown, any time limit prescribed or allowed by sections 13b-17-100 a to 13b-17-152a, inclusive, of the Regulations of Connecticut State Agencies, may be extended, except where specified or prohibited in the Connecticut General Statutes. All requests for extensions shall be made before the expiration of the period originally prescribed or as previously extended. The commissioner shall cause all parties to be notified of the action upon any such motion.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article ONE - GENERAL PROVISIONS › Part 1 - Scope and Construction of Rules and Conduct › Section 13b-17-106a - Date of filing

Current through July 10, 2024
The submission of all notices, correspondence, memoranda, motions, exhibits, briefs, petitions, complaints, applications or any other document shall be deemed to have been filed on the date they are stamped at the agency office as described in subsection (c) of section 13b-17-117 a.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article ONE - GENERAL PROVISIONS › Part 1 - Scope and Construction of Rules and Conduct › Section 13b-17-107a - Effect of filing

Current through July 10, 2024
(a) The filing with the agency of any document, or any other filing of any nature whatsoever shall not relieve any person of the obligation to comply with any statute, regulation or order of the commissioner.
(b) Unless the commissioner provides otherwise in writing, accepting the filing of any non-conforming document of any kind whatsoever, shall not be construed as a waiver of compliance with sections 13b-17-100 a to 13b-17-152a, inclusive, of the Regulations of Connecticut State Agencies.
(c) Any document filed pursuant to said sections shall be public record, except when expressly excluded by state or federal law.
(d) All cited deficiencies in any filed document shall be corrected by the party filing the document, and if ordered, within the time period so designated by the commissioner. Failure to correct cited deficiencies in the manner directed by the commissioner or in the time period so stated, shall be grounds for denying or rejecting an application or filing for lack of proper submission.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article ONE - GENERAL PROVISIONS › Part 1 - Scope and Construction of Rules and Conduct › Section 13b-17-108a - Acceptance or rejection of filing non-waiver

Current through July 10, 2024
(a) By accepting the filing of any document of any kind, whatsoever, the commissioner shall not have waived any failure to comply with sections 13b-17-100 a to 13b-17-152a, inclusive, of the Regulations of Connecticut State Agencies. Where appropriate, the commissioner may reject any filing or require the amendment of said filing.
(b) Where the regulations of the agency require that specific exhibits or data be prepared and submitted as part of any petition or application, and the petition or application is not in compliance with the regulations of the agency or the law as enumerated in the statutes, the commissioner may reject and return to the sender any petition or application that the commissioner finds to have failed to comply with such criteria for the submission of information pursuant to this section and section 13b-17-118 a.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article ONE - GENERAL PROVISIONS › Part 1 - Scope and Construction of Rules and Conduct › Section 13b-17-110a - Rules of conduct of parties, intervenors and representatives

Current through July 10, 2024
(a) A party or intervenor may appear in person or by representative. The representative shall be deemed to have appeared as the agent of said party or intervenor. Each party, intervenor or representative thereof shall promptly file, with the agency, a written notification of appearance. Any person appearing on behalf of the party or intervenor is deemed to be authorized to act on behalf of said party or intervenor.
(b) Each person making an appearance before the commissioner is subject to the agency's regulatory jurisdiction in connection with any hearing and shall promptly notify the agency, in writing, in order that same may be made a part of the record.
(c) The Rules of Professional Ethics and the Code of Judicial Conduct as adopted and approved by the Judges of the Superior Court shall govern the conduct of all attorneys in any proceeding before the agency on behalf of any public or private person, firm, corporation or association.
(d) Any attorney, agent, representative or any other person present at any proceeding before the agency who engages in disruptive behavior or misconduct that prevents or disrupts an orderly hearing or proceeding may be removed from or limited in further participation, at the discretion of the commissioner.
(e) Any person who testifies falsely to any material fact in any contested case wherein he has given oath or affirmation or who willfully falsifies any account, book, paper, record, report, financial statement or any other exhibit that is made a part of the record in any contested case with the intent to mislead or deceive the commissioner shall be referred to the state's attorney for prosecution, as provided by law.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article ONE - GENERAL PROVISIONS › Part 1 - Scope and Construction of Rules and Conduct › Section 13b-17-111a - Client absenteeism

Current through July 10, 2024
Party or intervenor status shall not be granted to any person, whether represented or not, seeking such status unless the person seeking status is present at the hearing.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article ONE - GENERAL PROVISIONS › Part 1 - Scope and Construction of Rules and Conduct › Section 13b-17-112a - Time of commencement of proceeding

Current through July 10, 2024
The commencement of each proceeding shall differ when considering the following:
(1)
Contested Case:
Upon the date of service of the initial notice of hearing wherein a party's rights, duties, and privileges are to be determined;
(2)
Declaratory Ruling:
Upon receipt of filing of petition requesting a declaratory ruling from the agency;
(3)
Reconsideration of Final Decision:
Upon receipt of filing of petition requesting reconsideration, or upon the commissioner's own motion;
(4)
Adoption, Repeal or Amendment of Regulation:
Upon receiptof filing of petition requesting adoption, repeal or amendment of a regulation, or upon the commissioner's own motion.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article ONE - GENERAL PROVISIONS › Part 1 - Scope and Construction of Rules and Conduct › Section 13b-17-113a - Record

Current through July 10, 2024
The agency shall maintain the official record of all hearings or proceedings and the record shall be kept in accordance with chapter 54 of the Connecticut General Statutes.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article ONE - GENERAL PROVISIONS › Part 1 - Scope and Construction of Rules and Conduct › Section 13b-17-114a - Recording

Current through July 10, 2024
Any interested person may, after giving notice to the commissioner at least five (5) days prior to the commencement of a hearing, record any portion of a proceeding subject to the direction of the commissioner. The commissioner may limit the number of recording devices in any hearing. These recordings shall not be deemed to be an official record of the agency.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article ONE - GENERAL PROVISIONS › Part 1 - Scope and Construction of Rules and Conduct › Section 13b-17-115a - Sanctions

Current through July 10, 2024
If a party or intervenor has failed to comply with an order of the presiding officer that such party or intervenor comply with a request for production, the presiding officer may make such order as the ends of justice require. Such orders may include the following:
(1) The denial of the petition or application of the party failing to comply;
(2) The entry of an order that the matters regarding which the discovery was sought or other related facts shall be taken to be established for the purposes of the action in accordance with the claim of the party or intervenor obtaining the order;
(3) The entry of an order prohibiting the party who has failed to comply from introducing designated matters into evidence;
(4) The limitation of participation by the party or intervenor who has failed to comply in the hearing on issues or facts relating to the discovery sought;
(5) The enforcement of the order in court.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article ONE - GENERAL PROVISIONS › Part 2 - Formal Requirements › Section 13b-17-116a - Office

Current through July 10, 2024
The office of the agency where all correspondence of any nature shall be filed, including service upon the commissioner, and where all official business and all hearings shall be conducted, unless otherwise notified, shall be at the Department of Transportation, 2800 Berlin Turnpike, Newington, Connecticut. The mailing address is 2800 Berlin Turnpike, P.O. Box 317546, Newington, Connecticut, 06131-7546. The office hours are from 8:30 a.m. to 4:30 p.m. Monday through Friday, excepting Saturdays, Sundays, and state designated holidays.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article ONE - GENERAL PROVISIONS › Part 2 - Formal Requirements › Section 13b-17-117a - Service of process

Current through July 10, 2024
(a)
General rule.
Service of all documents and other papers filed in all hearings and proceedings, including but not limited to motions, petitions, applications, notices, briefs, and exhibits shall be by personal delivery or by first class mail, except as otherwise designated by the commissioner.
(b)
On whom served.
In addition to the filing requirements of subsection (a) of this section, one copy of each document served on the commissioner in any hearing or proceeding, by a party, intervenor or representative thereof, shall be served on every person who has requested party or intervenor status or after such a determination, has been designated a party or intervenor in the hearing or proceeding. Certification of such service shall be endorsed on any and all documents and other papers when filed with the commissioner.
(c) Service upon the commissioner, of any document, shall be effective upon receipt at the office of the agency as designated by the official date stamp.
(d)
Service of written notice.
Written notice of all orders, decisions or authorizations issued by the commissioner shall be given to all parties, by personal service upon such person, by bulk certified first class mail or by certified first class mail, or such other method as the commissioner determines, in accordance with the Connecticut General Statutes.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article ONE - GENERAL PROVISIONS › Part 2 - Formal Requirements › Section 13b-17-118a - Formal requirements as to documents and other papers filed in hearings and proceedings

Current through July 10, 2024
(a)
Copies.
Except for routine correspondence and inquiries by the public, and as may be otherwise required by sections 13b-17-100 a to 13b-17-152a, inclusive, of the Regulations of Connecticut State Agencies, or by any other regulations of the commissioner or as ordered or expressly requested by the commissioner, the original of such documents shall be furnished to the commissioner. In addition to the original, there shall also be filed with the agency, four (4) copies, unless a greater or lesser number of such copies is expressly requested by the commissioner.
(b)
Form.
Except for such forms as may from time to time be provided or adopted by the commissioner and used where appropriate, all documents shall be on only one side of an eight and one half by eleven (8½? x 11?) inch paper, and shall be double spaced. Copies shall be mimeographed, multigraphed, photoduplicated or similarly reproduced and will be accepted provided all copies filed are clear and permanently legible.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article ONE - GENERAL PROVISIONS › Part 2 - Formal Requirements › Section 13b-17-120a - Identification of communications

Current through July 10, 2024
When the subject matter of any document or any other filing pertains to a hearing or proceeding pending before the commissioner, the title and the docket number of the hearing or proceeding shall be clearly designated on each and every page of said document or other filing pertaining thereto.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article ONE - GENERAL PROVISIONS › Part 2 - Formal Requirements › Section 13b-17-121a - Calendar of hearings

Current through July 10, 2024
The agency shall maintain a calendar of all hearings. Hearings shall be placed on the hearing calendar in the order in which they are docketed, unless otherwise directed by the commissioner. Hearings shall be placed on docket only when the application has been deemed complete by the commissioner.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article ONE - GENERAL PROVISIONS › Part 2 - Formal Requirements › Section 13b-17-122a - Agency action

Current through July 10, 2024
The agency on its own motion, may initiate an investigation or fact-finding proceeding as it deems necessary or upon the receipt of any notice of complaint by any person concerning any matter within the agency's jurisdiction.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article ONE - GENERAL PROVISIONS › Part 2 - Formal Requirements › Section 13b-17-123a - Voluntary withdrawal of proceedings

Current through July 10, 2024
An applicant may withdraw an application at any time, and a petitioner for a declaratory ruling under section 4-176 of the Connecticut General Statutes, as amended, may withdraw the petition at any time. Upon withdrawal of an application or petition, said proceeding shall be deemed terminated. Upon termination of any proceeding, all procedural orders issued by the commissioner are null and void. Any fee, submitted with an application or petition, as required by statute or regulation, shall be considered forfeited to the agency upon withdrawal of said application or petition.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article ONE - GENERAL PROVISIONS › Part 2 - Formal Requirements › Section 13b-17-124a - Failure to pursue in a timely manner

Current through July 10, 2024
When the agency is prepared to go to hearing and notifies the applicant or petitioner, and the applicant or petitioner refuses or is unprepared to go forward, said matter shall be placed at the end of the docket file. If a matter is subsequently called for hearing and the applicant or petitioner again refuses or is unprepared to go forward, said matter shall be deemed a voluntary withdrawal in accordance with section 13b-17-123 a.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article ONE - GENERAL PROVISIONS › Part 2 - Formal Requirements › Section 13b-17-125a - Time for submission of documents

Current through July 10, 2024
Submission of any document in support of any party's case shall be made within seven (7) days, unless otherwise prescribed by specific provisions of sections 13b-17-100 a to 13b-17-152a, inclusive, of the Regulations of Connecticut State Agencies, prior to the commencement of any hearing or as otherwise directed by the commissioner.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article ONE - GENERAL PROVISIONS › Part 2 - Formal Requirements › Section 13b-17-126a - Motions

Current through July 10, 2024
(a) All motions shall (1) be in writing unless made orally on the record, (2) state with particularity the grounds therefore and (3) set forth the relief or ruling sought.
(b) Any party, intervenor or representative thereof, may file a response supporting or opposing the motion within ten (10) days of service of a written motion or such other time as the commissioner may prescribe. The movant shall have no right to reply.
(c) The movant shall have the burden of demonstrating that the relief or ruling sought in the motion should be granted.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article ONE - GENERAL PROVISIONS › Part 3 - Application for Authorization › Section 13b-17-127a - General rule

Current through July 10, 2024
(a) Petitions and applications placed before the agency pursuant to law, including but not limited to petitions for declaratory ruling, petitions for the adoption, amendment or repeal of regulations and applications for any license, shall include any and all proposals and requests, with all required filings of whatever nature.
(b) The petition or application and annexed materials may be treated by the commissioner as a substantially complete statement of the case in chief of the applicant or petitioner and shall be submitted in accordance with section 13b-17-128 a.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article ONE - GENERAL PROVISIONS › Part 3 - Application for Authorization › Section 13b-17-128a - Required components, generally

Current through July 10, 2024
(a)
Form -
The form to be followed in the filing of petitions and applications pursuant to sections 13b-17-100 a to 13b-17-152a, inclusive, of the Regulations of Connecticut State Agencies will vary to the extent necessary to provide for the nature of the legal rights, duties or privileges involved therein. In addition to the special provisions for particular types of petitions and applications as described in said sections and provided by statute, all petitions and applications shall include the following:
(1) a statement setting forth clearly and concisely the authorization and relief sought. The statement shall cite by appropriate reference the statutory provision or other authority under which such authorization or relief is to be granted by the commissioner.
(2) the exact legal name of each person seeking the authorization and relief and the address or principal place of business of each such person. If any applicant or petitioner is a corporation, trust, association or other organized group, it shall also give the state under the laws of which it was created or organized.
(3) the name, title, address and telephone number of the representative to whom correspondence or communications in regard to the applicant or application shall be addressed. Notice, orders and other papers may be served upon the person so named; and such service shall be deemed to be service upon the petitioner or applicant.
(4) a concise and explicit statement of the facts on which the commissioner is expected to rely in granting the authorization and relief sought.
(5) an explanation of any unusual circumstances involved in the petition or application to which the commissioner will be expected to direct particular attention, including the existence of emergency conditions or any request for the granting of interlocutory relief by way of an interim order in the proceeding.
(6) as to all applications for operating authority, there shall be submitted the results of a criminal history conviction information search provided by the state police in the state in which each of the following resides to the extent that such search is authorized by the Connecticut General Statutes for such authority:
(A) where the proposed operator or transferee is an unincorporated sole association, each proprietor, partner and association member;
(B) where the proposed operator or transferee is incorporated, or a limited liability company, each officer of the corporation, each person owning ten (10%) per cent or more of the outstanding debt or equity of the operator or transferee, and each member or the manager of the limited liability company.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article ONE - GENERAL PROVISIONS › Part 3 - Application for Authorization › Section 13b-17-129a - Original records

Current through July 10, 2024
When the commissioner so requires, any party, intervenor or representative thereof shall furnish or make available to the commissioner, witnesses, records, physical evidence, papers and documents relative to a proceeding in accordance with chapter 54 of the Connecticut General Statutes. Failure to comply with the commissioner's request shall result in action pursuant to section 13b-17-115 a.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article ONE - GENERAL PROVISIONS › Part 3 - Application for Authorization › Section 13b-17-130a - Fees

Current through July 10, 2024
All application fees or other charges required or authorized by law shall be payable to the Treasurer, State of Connecticut, at the time that the application is filed. Any fees submitted with an application shall be non-refundable.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article ONE - GENERAL PROVISIONS › Part 3 - Application for Authorization › Section 13b-17-131a - Subsequent filing of application

Current through July 10, 2024
A final decision or judgment shall have been rendered and become effective before any applicant may file a subsequent application seeking additional operating authority of the same type of service, in the same or overlapping territory which is the subject of the pending proceeding.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article ONE - GENERAL PROVISIONS › Part 3 - Application for Authorization › Section 13b-17-132a - Waiver of rules

Current through July 10, 2024
At the discretion of the commissioner or any presiding officer where good cause appears, the commissioner or any presiding officer may permit deviation from sections 13b-17-100 a to 13b-17-152a, inclusive, of the Regulations of Connecticut State Agencies, except where specified or prohibited in the Connecticut General Statutes.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article II - CONTESTED CASES › Part 1 - GENERAL PROVISIONS › Section 13b-17-133a - Purpose of hearing

Current through July 10, 2024
The purpose of a hearing in a contested case shall be to provide all parties whose legal rights, duties and privileges are to be determined, an opportunity to present evidence and arguments on all issues.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article II - CONTESTED CASES › Part 1 - GENERAL PROVISIONS › Section 13b-17-134a - Place of hearing

Current through July 10, 2024
Unless a different place is designated by direction of the commissioner, all hearings shall be held at the office of the Department of Transportation, pursuant to section 13b-17-116 a. The commissioner shall give written notice, as required by law, by newspaper publication and by any other means as the commissioner deems appropriate and advisable.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article II - CONTESTED CASES › Part 1 - GENERAL PROVISIONS › Section 13b-17-135a - Date and time of hearing

Current through July 10, 2024
All hearings shall commence at the specific date and time designated by the commissioner. Failure of any party, intervenor, petitioner or representative thereof to appear at the designated date and time of such hearing as specified by the commissioner within thirty (30) minutes of noticed time for such hearing may result in the imposition of sanctions pursuant to section 13b-17-115 a.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article II - CONTESTED CASES › Part 1 - GENERAL PROVISIONS › Section 13b-17-136a - Order of procedure at hearings

Current through July 10, 2024
(a) In hearings on complaints, applications and petitions, the party that shall open and close the presentation of any part of the matter shall be the complainant, applicant or petitioner. In a case where the opening portion has already been submitted in written form as provided by sections 13b-17-100 a to 13b-17-152a, inclusive, of the Regulations of Connecticut State Agencies, the applicant shall open with the introduction into evidence of said written information previously submitted and the hearing shall then continue with the cross examination of persons who have given written testimony.
(b) In the event that any person has given written testimony and has been subpoenaed but is not available for such cross examination at the time and place directed by the commissioner, all of such written testimony may be stricken from the record at the direction of the commissioner.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article II - CONTESTED CASES › Part 1 - GENERAL PROVISIONS › Section 13b-17-137a - Burdens of proof

Current through July 10, 2024
In a proceeding on an application, the applicant shall have the burden of going forward with evidence and the burden of persuasion with respect to each issue which the commissioner is required, by law, to consider in deciding whether to grant or deny the application.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article II - CONTESTED CASES › Part 2 - NOTICE, BILL OF PARTICULARS › Section 13b-17-138a - Notice of hearing

Current through July 10, 2024
(a) In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice. Reasonable notice shall be deemed to be written notice of the date and time of hearing sent by the agency no later than fourteen (14) days prior to the date of the hearing.
(b) Notwithstanding subsection (a) of this section, in a hearing on a citation, notice of such hearing shall not be less than fourteen (14) days prior to the date of the hearing on the citation.
(c) Nothing in sections 13b-17-100 a to 13b-17-152a, inclusive, of the Regulations of Connecticut State Agencies shall preclude a summary suspension of a license pursuant to chapter 54 of the Connecticut General Statutes.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article II - CONTESTED CASES › Part 2 - NOTICE, BILL OF PARTICULARS › Section 13b-17-139a - Bill of particulars

Current through July 10, 2024
Any party may request a bill of particulars containing a more definite and detailed statement of facts from the commissioner, no later than seven (7) days after notice is issued. Upon receipt of such request, if the commissioner finds that a more definite and detailed statement of such facts is necessary and appropriate, a bill of particulars shall be prepared as directed by the commissioner and a copy sent to each person requesting party or intervenor status.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article II - CONTESTED CASES › Part 2 - NOTICE, BILL OF PARTICULARS › Section 13b-17-140a - Disposition of case

Current through July 10, 2024
Any contested case may be resolved by stipulation, agreed settlement, consent order or default upon the approval of such resolution by the commissioner.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article II - CONTESTED CASES › Part 3 - PARTIES, INTERVENORS AND REPRESENTATIVES › Section 13b-17-141a - Petition for designation as party or intervenor

Current through July 10, 2024
(a)
Filing of Petition.
Any person who proposes to be named or admitted as a party to any proceeding shall comply with the requirements of chapter 54 of the Connecticut General Statutes.
(b)
Contents of Petition.
(1) The petition shall state the exact legal name of each person seeking relief and the last known address of the residence or the principal place of business of each person. If petitioner has received operating authority from the commissioner, it shall attach to said petition a copy of its present operating authority along with a list of all motor vehicles presently registered to the petitioner under Title 14 of the Connecticut General Statutes relating to motor vehicles.
(2) The petition shall state the name, title, address and telephone number of the representative to whom correspondence or communication in regard to the petition is to be addressed.
(3) The petition shall further state the relief sought by petitioner; the statutory and regulatory authority for such petition; and the nature of the evidence, if any, to be presented at hearing.
(4) There shall be annexed to the petition, any exhibits, data, models, illustrations, and all other materials that the petitioner deems necessary and desirable to support the granting of the petition.
(5) Each petition shall certify that the applicant and all other known petitioners have received a copy of the petition and all materials annexed thereto.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article II - CONTESTED CASES › Part 3 - PARTIES, INTERVENORS AND REPRESENTATIVES › Section 13b-17-142a - Persons not named as a party or intervenor

Current through July 10, 2024
At the discretion of the presiding officer, any person or entity not named as a party or intervenor may be given the opportunity to present an oral or written statement. The presiding officer may require any such statement to be given under oath or affirmation.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article II - CONTESTED CASES › Part 3 - PARTIES, INTERVENORS AND REPRESENTATIVES › Section 13b-17-143a - Requests for continuances

Current through July 10, 2024
Continuances of any hearing may be granted upon motion of any party under the following circumstances:
(1) When any party or representative of record for good cause is unable to attend and when a substitute representative cannot be provided; or
(2) Other good cause as determined by the commissioner. Failure to adhere to this policy may result in the imposition of sanctions pursuant to section 13b-17-115 a; and
(3) No undue burden is placed upon the commissioner.
Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Rules of Practice › Article II - CONTESTED CASES › Part 4 - AUTHORITY OF PRESIDING OFFICER › Section 13b-17-144a - Powers and duties of the presiding officer

Current through July 10, 2024
(a) The presiding officer shall conduct a fair and impartial proceeding, assure that the relevant facts are fully elicited, adjudicate issues of law and fact and prevent delay and harassment.
(b) In addition to any other powers provided by law and limited to the proceeding for which the person is presiding officer, said presiding officer shall have the power to:
(1) Determine the scope of the hearing;
(2) Dispose of motions and requests;
(3) Make all necessary or appropriate rulings with regard to evidentiary matters;
(4) Administer oaths and affirmations;
(5) Subpoena witnesses and evidence;
(6) Examine witnesses and control the examination of witnesses;
(7) Consolidate proceedings or portions thereof; and
(8) Issue proposed or final decisions.