reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 31 - Labor › 372 - OCCUPATIONAL SAFETY AND HEALTH › Limitations, Variations, Tolerances, and Exemptions › Section 31-372-23 - Prehearing conference

Current through July 10, 2024
(a) Upon his own
				motion or the motion of a party, the hearing examiner may direct the parties or
				their counsel to meet with him for a conference to consider:
1. Simplification of the issues;
2. Necessity or desirability of amendments to
				documents for purposes of clarification, simplification, or
				limitation;
3. Stipulations,
				admissions of fact, and of contents and authenticity of documents;
4. Limitation of the number of parties and of
				expert witnesses; and
5. Such other
				matters as may tend to expedite the disposition of the proceeding and to assure
				a just conclusion thereof.
Connecticut Administrative Code › Title 31 - Labor › 372 - OCCUPATIONAL SAFETY AND HEALTH › Limitations, Variations, Tolerances, and Exemptions › Section 31-372-24 - Consent findings and rules or orders

Current through July 10, 2024
(a) At any time
				before the reception of evidence in any hearing, or during any hearing a
				reasonable opportunity may be afforded to permit negotiation by the parties of
				an agreement containing consent findings and a rule or order disposing of the
				whole or any part of the proceeding. The allowance of such opportunity and the
				duration thereof shall be in the discretion of the presiding hearing examiner,
				after consideration of the nature of the proceeding, the requirements of the
				public interest, the representations of the parties, and the probability of an
				agreement which will result in a just disposition of the issues
				involved.
(b) Any agreement
				containing consent findings and rule or order disposing of a proceeding shall
				also provide:
(1) That the rule or order
				shall have the same force and effect as if made after a full hearing;
(2) That the entire record on which any rule
				or order may be based shall consist solely of the application and the
				agreement;
(3) A waiver of any
				further procedural steps before the hearing examiner and the Commissioner;
				and
(4) A waiver of any right to
				challenge or contest the validity of the findings and of the rule or order made
				in accordance with the agreement.
Connecticut Administrative Code › Title 31 - Labor › 372 - OCCUPATIONAL SAFETY AND HEALTH › Limitations, Variations, Tolerances, and Exemptions › Section 31-372-25 - Depositions

Current through July 10, 2024
(a)
Discovery.
(1) For reasons of unavailability or for
				other good cause shown, the testimony of any witness may be taken by
				deposition. Depositions may be taken orally or upon written interrogatories
				before any person designated by the presiding hearing examiner and having power
				to administer oaths.
(2) Any party
				desiring to take the deposition of a witness may make application in writing to
				the presiding hearing examiner, setting forth:
(i) The reasons why such deposition should be
				taken;
(ii) The time when, the
				place where, and the name and post office address of the person before whom the
				deposition is to be taken;
(iii)
				The name and address of each witness; and
(iv) The subject matter concerning which each
				witness is expected to testify.
(3) Such notice as the presiding hearing
				examiner may order shall be given by the party taking the deposition to every
				other party.
(4) Each witness
				testifying upon deposition shall be sworn, and the parties not calling him
				shall have the right to cross-examine him. The questions propounded and the
				answers thereto, together with all objections made, shall be reduced to
				writing, read to the witness, subscribed by him, and certified by the officer
				before whom the deposition is taken. Thereafter, the officer shall seal the
				deposition, with two copies thereof, in an envelope and mail the same by
				registered mail to the presiding hearing examiner. Subject to such objections
				to the questions and answers as were noted at the time of taking the deposition
				and would be valid were the witness personally present and testifying, such
				deposition may be read and offered in evidence by the party taking it as
				against any party who was present, represented at the taking of the deposition,
				or who had due notice thereof. No part of a deposition shall be admitted in
				evidence unless there is a showing that the reasons for the taking of the
				deposition in the first instance exist at the time of hearing.
Connecticut Administrative Code › Title 31 - Labor › 372 - OCCUPATIONAL SAFETY AND HEALTH › Limitations, Variations, Tolerances, and Exemptions › Section 31-372-26 - Hearings

Current through July 10, 2024
(a) Except as may be ordered otherwise by the
				presiding hearing examiner, the party applicant for relief shall proceed first
				at a hearing.
(b) The party
				applicant shall have the burden of proof.
(c)
(1) A
				party shall be entitled to present his case or defense by oral or documentary
				evidence, to submit rebuttal evidence, and to conduct such cross-examination as
				may be required for a full and true disclosure of the facts. Any oral or
				documentary evidence may be received, but a presiding hearing examiner shall
				exclude evidence which is irrelevant, immaterial or unduly
				repetitious.
(2) The testimony of a
				witness shall be upon oath or affirmation administered by the presiding hearing
				examiner.
(3) If a party objects to
				the admission or rejection of any evidence, or to the limitation of the scope
				of any examination or cross-examination, or to the failure to limit such scope,
				he shall state briefly the grounds for such objection. Rulings on all
				objections shall appear in the record. Only objections made before the
				presiding hearing examiner may be relied upon subsequently in a
				proceeding.
(4) Formal exception to
				an adverse ruling is not required.
Connecticut Administrative Code › Title 31 - Labor › 372 - OCCUPATIONAL SAFETY AND HEALTH › Limitations, Variations, Tolerances, and Exemptions › Section 31-372-27 - Decisions of hearing examiners

Current through July 10, 2024
(a) Within 10 days
				after receipt of notice that the transcript of the testimony has been filed or
				such additional time as the presiding hearing examiner may allow, each party
				may file with the hearing examiner proposed findings of fact, conclusions of
				law, and rule or order, together with a supporting brief expressing the reasons
				for such proposals. Such proposals and brief shall be served on all other
				parties, and shall refer to all portions of the record and to all authorities
				relied upon in support of each proposal.
(b) Within a reasonable time after the time
				allowed for the filing of proposed findings of fact, conclusions of law, and
				rule or order, the presiding hearing examiner shall make and serve upon each
				party his decision, which shall become final upon the 20th day after service
				thereof, unless exceptions are filed thereto, as provided in Section
				31-372-28.
				The decision of the hearing examiner shall include:
(1) A statement of findings and conclusions,
				with reasons and bases therefor, upon each material issue of fact, law, or
				discretion presented on the record, and
(2) The appropriate rule, order, relief, or
				denial thereof. The decision of the hearing examiner shall be based upon a
				consideration of the whole record and shall state all facts officially noticed
				and relied upon. It shall be made on the basis of a preponderance of reliable
				and probative evidence.
Connecticut Administrative Code › Title 31 - Labor › 372 - OCCUPATIONAL SAFETY AND HEALTH › Limitations, Variations, Tolerances, and Exemptions › Section 31-372-28 - Exceptions

Current through July 10, 2024
Within 20 days after service of a decision of a presiding
				  hearing examiner, any party may file with the hearing examiner written
				  exceptions thereto with supporting reasons. Such exceptions shall refer to the
				  specific findings of fact, conclusions of law, or terms of the rule or order
				  excepted to, the specific pages of transcript relevant to the suggestions, and
				  shall suggest corrected findings of fact, conclusions of law, or terms of the
				  rule or order. Upon receipt of any exceptions, the hearing examiner shall fix a
				  time for filing any objections to the exceptions and any supporting
				  reasons.
Connecticut Administrative Code › Title 31 - Labor › 372 - OCCUPATIONAL SAFETY AND HEALTH › Limitations, Variations, Tolerances, and Exemptions › Section 31-372-29 - Transmission of record

Current through July 10, 2024
If exceptions are filed, the hearing examiner shall transmit
				  the record of the proceeding to the Commissioner for review. The record shall
				  include: the application, any request for hearing thereon, motions and requests
				  filed in written form, rulings thereon, the transcript of the testimony taken
				  at the hearing, together with the exhibits admitted in evidence, any documents
				  or papers filed in correction with pre-hearing conferences, such proposed
				  findings of fact, conclusions of law, rules or orders, and supporting reasons,
				  as may have been filed, the hearing examiner's decision, and such exceptions,
				  statements of objections, and briefs in support thereof, as may have been filed
				  in the proceeding.
Connecticut Administrative Code › Title 31 - Labor › 372 - OCCUPATIONAL SAFETY AND HEALTH › Limitations, Variations, Tolerances, and Exemptions › Section 31-372-30 - Decision of the commissioner

Current through July 10, 2024
If exceptions to a decision of a hearing examiner are taken
				  pursuant to Section
				  31-372-28,
				  the Commissioner shall upon consideration thereof, together with the record
				  references and authorities cited in support thereof, and any objections to
				  exceptions and supporting reasons, make his decision. The decision may affirm,
				  modify, or set aside, in whole or part the findings, conclusions, and the rule
				  or order contained in the decision of the presiding hearing examiner, and shall
				  include a statement of reasons or bases for the actions taken of each exception
				  presented.
Connecticut Administrative Code › Title 31 - Labor › 372 - OCCUPATIONAL SAFETY AND HEALTH › Limitations, Variations, Tolerances, and Exemptions › Section 31-372-40 - Motion for summary decision

Current through July 10, 2024
(a) Any party may,
				at least 20 days before the date fixed for any hearing under Section
				31-372-20
				through
				31-372-30,
				move with or without supporting affidavits for a summary decision in his favor
				of all or any part of the proceeding. Any other party may, within ten days
				after service of the motion, serve opposing affidavits or countermove for
				summary decision. The presiding hearing examiner may, in his discretion, set
				the matter for argument and call for the submission of briefs.
(b) The filing of any documents under
				paragraph (a) of this section, shall be with the hearing examiner, and copies
				of any such documents shall be served in accordance with Section
				31-372-21.
(c) The hearing examiner may grant such
				motion if the pleadings, affidavits, material obtained by discovery or
				otherwise obtained, or matters officially noticed show that there is no genuine
				issue as to any material fact and that a party is entitled to summary decision.
				The hearing examiner may deny such motion whenever the moving party denies
				access to information by means of discovery to a party opposing the
				motion.
(d) Affidavits shall set
				forth such facts as would be admissible in evidence, and shall show
				affirmatively that the affiant is competent to testify to the matters stated
				therein. When a motion for summary decision is made and supported as provided
				in this section, a party opposing the motion may not rest upon the mere
				allegations or denials of his pleading; his response must set forth specific
				facts showing that there is a genuine issue of fact for the hearing.
(e) Should it appear from the affidavits of a
				party opposing the motion that he cannot for reasons stated present by
				affidavit facts essential to justify his opposition, the hearing examiner may
				deny the motion for summary decision or may order a continuance to permit
				affidavits to be obtained or discovery to be had or may make such other order
				as is just.
(f) The denial of all
				or any part of a motion for summary decision by the hearing examiner shall not
				be subject to interlocutory appeal to the Commissioner unless the hearing
				examiner certifies in writing (1) that the ruling involves an important
				question of law or policy as to which there is substantial ground for
				difference of opinion, and (2) that an immediate appeal from the ruling may
				materially advance the ultimate termination of the proceeding. The allowance of
				such an interlocutory appeal shall not stay the proceeding before the hearing
				examiner unless the Commissioner shall so order.
Connecticut Administrative Code › Title 31 - Labor › 372 - OCCUPATIONAL SAFETY AND HEALTH › Limitations, Variations, Tolerances, and Exemptions › Section 31-372-41 - Summary decision

Current through July 10, 2024
(a)
(1) Where no genuine issue of a material fact
				is found to have been raised, the hearing examiner may issue an initial
				decision to become final twenty days after service thereof, unless, within such
				period of time any party has filed written exception to the decision. If any
				timely exception is filed, the hearing examiner shall fix a time for filing any
				objections to the exception and any supporting reasons.
Thereafter, the Commissioner, after consideration of the
				  exceptions and any supporting briefs filed therewith and of any objections to
				  the exceptions and any supporting reasons, may issue a final decision.
(2) An initial decision and a
				final decision made under this paragraph shall include a statement of:
(i) Findings and conclusions, and the reasons
				or bases therefor, on all issues presented; and
(ii) The terms and conditions of the rule or
				order made.
(3) A copy
				of an initial decision and a final decision under this paragraph shall be
				served on each party.
Connecticut Administrative Code › Title 31 - Labor › 372 - OCCUPATIONAL SAFETY AND HEALTH › Limitations, Variations, Tolerances, and Exemptions › Section 31-372-51 - Finality for purposes of judicial review

Current through July 10, 2024
Only a decision by the Commissioner shall be deemed final
				  agency action for purposes of judicial review. A decision by a hearing examiner
				  which becomes final for lack of appeal is not deemed final agency
				  action.
Connecticut Administrative Code › Title 31 - Labor › 372 - OCCUPATIONAL SAFETY AND HEALTH › Standards › Section 31-372-100-1903 - Safety and health standards for abatement verification

Current through July 10, 2024
These Occupational Safety and Health Standards were
				  promulgated by the Secretary of the U. S. Department of Labor under the
				  authority of the Williams-Steiger Occupational Safety and Health Act of 1970
				  (84 Statute 1590-1620). Any changes, additions, deletions or interpretations
				  subsequently made will be adopted as if fully set forth herein.
Title 29, Chapter XVII, Part 1910 as published in the Federal
				  Register, Volume 39, Number 125, June 27, 1974.
Standard
							 Affected
Subject
Fed. Reg.
							 Date
Action
Part 1903
Abatement Verification
3-31-97
New
Connecticut Administrative Code › Title 31 - Labor › 372 - OCCUPATIONAL SAFETY AND HEALTH › Standards › Section 31-372-108-1928 - Occupational safety and health standards for agriculture

Current through July 10, 2024
Standard
							 Affected
Subject
Fed. Reg.
							 Date
Action
Adopt
1928.
Occupational Exposure to Cotton Dust in Cotton
							 Gins
6-30-78
Correction
1928.21
Superseded by new section
Delete
1928.113
Subpart I Toxic and Hazardous
							 Substances
New
1928.113
Occupational Exposure to Cotton Dust in Cotton
							 Gins
8-8-78
Corrections
(Effective February 11, 1980)
Changes
1915.84 (b)
Lifesaving Equipment
7-10-74
Correction
(1) and (2)
1917.84 (b)
Lifesaving Equipment
7-16-74
Correction
(1) and (2)
1928.57
Guarding of Farm Field Equipment
3-9-76
New
1928.57
Guarding of Farm Field Equipment
3-16-76
Correction
1928.57
Guarding of Farm Field Equipment; Deferral of
							 Effective Date
6-2-76
Amendment
1928.57
Guarding of Farm Field Equipment; Deferral of
							 Effective Date
6-4-76
Amendment
1928.57
Guarding of Farm Field Equipment
10-22-76
Amendment
1915.59
Operations
1916.59
1917.59
1918.99
1928.21(b)
Operations
1928.21
Applicability of General Industry Standards to
							 Agriculture
7-29-77
Correction
(Adopted March 27, 1978)
1926.58
Asbestos, tremolite, anthophyllite and
							 actinolite
2/5/90
Amendment and Revision
(Effective December 31, 1990)
1928.21
Hazard Communication
2/9/94
Republish
(Effective August 26, 1994)
1928.21
Applicable standards in Section 31-372-101
							 -1910.
7/19/94
Amended
(Effective January 19, 1995)
1928.21
Applicable Standards in 29 CFR Part
							 1910.
10/12/94
Revised
(Effective April 19, 1995)
1928
Authority
2/28/06
Amended
Subpart C
1928.51
Roll-over protective structures (ROPS) for tractors
							 used in agricultural operations
2/28/06
Amended
1928.52
Protective frames for wheel-type agricultural
							 tractors - test procedures and performance requirements
2/28/06
Added
1928.53
Protective enclosures for wheel-type agricultural
							 tractors - test procedures and performance requirements
2/28/06
Added
Appendix B
2/28/06
Added
(Adopted effective April 10, 2007)
Part 1928
Authority
6/8/11
Amended
1928.110
Field sanitation
6/8/11
Amended
Connecticut Administrative Code › Title 31 - Labor › 374 - OCCUPATIONAL SAFETY AND HEALTH › Recording and Reporting Occupational Injuries and Illnesses › Section 31-374-1 - Purpose and scope

Current through July 10, 2024
These sections provide for recordkeeping and reporting by
				  employers covered by the Connecticut Occupational Safety and Health Laws and
				  Regulations, for developing information regarding the causes and prevention of
				  occupational accidents and illnesses, and for maintaining a program of
				  collection, compilation and analysis of occupational safety and health
				  statistics.
Connecticut Administrative Code › Title 31 - Labor › 374 - OCCUPATIONAL SAFETY AND HEALTH › Recording and Reporting Occupational Injuries and Illnesses › Section 31-374-2 - Definitions

Current through July 10, 2024
(a) "Affected employee" means any employee
				who would be affected by the grant or denial of a petition submitted pursuant
				to section
				31-374-12
				of the Regulations of Connecticut State Agencies;
(b) "Commissioner" means "commissioner" as
				defined in subsection (a) of section
				31-367 of
				the Connecticut General Statutes;
(c) "Employee" means "employee" as defined in
				subsection (e) of section
				31-367 of
				the Connecticut General Statutes;
(d) "Employer" means "employer" as defined in
				subsection (d) of section
				31-367 of
				the Connecticut General Statutes.
Connecticut Administrative Code › Title 31 - Labor › 374 - OCCUPATIONAL SAFETY AND HEALTH › Recording and Reporting Occupational Injuries and Illnesses › Section 31-374-3 - Reporting and record keeping standards

Current through July 10, 2024
The standards for the reporting and recording of occupational
				  illnesses and injuries, as required by chapter 571 of the Connecticut General
				  Statutes, shall be the standards set forth in
				  29 CFR
				  1910.502(q)(2)(ii),
				  29 CFR
				  1910.502(q)(3)(ii)-(iv), and
				  29 CFR
				  1910.502(r), as well as 29
				  CFR part 1904 , except for sections 1904.1, 1904.2, note to subpart B and
				  non-mandatory appendix A to subpart B, and appendices A and B to subpart E.
				  Such standards for reporting and recording shall apply to all Employers.
Connecticut Administrative Code › Title 31 - Labor › 374 - OCCUPATIONAL SAFETY AND HEALTH › Recording and Reporting Occupational Injuries and Illnesses › Section 31-374-12 - Petitions for recordkeeping exceptions

Current through July 10, 2024
(a)
Submission of petition
.
An employer may submit a petition to the commissioner to
				  maintain records in a different manner than required by sections
				  31-374-1
				  through
				  31-374-3,
				  inclusive, of the Regulations of Connecticut State Agencies. If an employer
				  submits such a petition to the commissioner, the employer shall simultaneously
				  provide to the affected employees and their authorized representatives a copy
				  and summary of the petition. The employer shall inform the affected employees
				  and their authorized representatives of their right to comment to the
				  commissioner pursuant to subsection (b) of this section and shall provide to
				  the affected employees and their authorized representatives a copy of section
				  31-374-12 of the Regulations of Connecticut State Agencies. The receipt by the
				  employees and their authorized representatives of such information shall
				  constitute notice for the purposes of subsection (b) of this section. The
				  employer shall post the petition and summary in each affected place of
				  employment in the manner required by section
				  31-371-2
				  of the Regulations of Connecticut State Agencies.
(b)
Opportunity for comment.
Affected employees or their authorized representatives may submit written data,
				views, or arguments concerning the petition to the commissioner not later than
				ten business days following the receipt of notice pursuant to subsection (a) of
				this section.
(c)
Contents of
				petition.
A petition filed pursuant to subsection (a) of this section
				shall include:
(1) the name and address of
				the employer;
(2) the address of
				the place or places of employment affected by the petition;
(3) The reason for the petition;
(4) A description of the recordkeeping
				procedures requested by the employer which description demonstrates that such
				procedures will result in the collection of the same information required under
				section
				31-374-1 to
				31-374-3,
				inclusive, of the Regulations of Connecticut State Agencies, will achieve the
				purposes of chapter 571 of the Connecticut General Statutes, and will not
				interfere with the administration of said chapter 571 of the Connecticut
				General Stautes;
(5) Proof that the
				employer has met all the requirements of subsection (a) of this
				section.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart A - GENERAL PROVISIONS › Section 31-376-1 - Definitions

Current through July 10, 2024
(a) "Act" means the Connecticut Occupational
				Safety and Health Act Chapter 571, Public Act 73-379 as amended by Public Act
				74-137.
(b) "Commission," "person,"
				"employer," and "employee" have the meanings set forth in Section
				31-367 of
				the Act.
(c) "Commissioner" means
				the Commissioner of the Connecticut Labor Department or his duly authorized
				representative.
(d) "Secretary"
				means the Secretary of the Commission
(e) "Affected employee" means an employee of
				a cited employer who is exposed to an alleged hazard described in the citation
				as a result of his assigned duties.
(f) "Hearing Officer" means an employee of
				the Commission appointed by the Commission and designated to hear and make a
				determination on any proceeding and any motion in connection
				therewith.
(g) "Authorized employee
				representative" means a labor organization which has a collective bargaining
				relationship with the cited employer and which represents affected
				employees.
(h) "Representative"
				means any person including an authorized employee representative, authorized by
				a party or intervenor to represent him in a proceeding.
(i) "Citation" means a written communication
				issued by the Commissioner to an employer pursuant to Section
				31-375 of
				the Act.
(j) "Notification of
				proposed penalty" means a written communication issued by the Commissioner to
				an employer pursuant to Section
				31-377
				of the Act.
(k) "Day" means a
				calendar day.
(l) "Working day"
				means all days except Saturdays, Sundays, and State holidays.
(m) "Proceeding" means any proceeding before
				the Commission or Hearing Officer.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart A - GENERAL PROVISIONS › Section 31-376-2 - Scope of rules: Applicability of Connecticut rules of civil procedure

Current through July 10, 2024
These rules shall govern all proceedings before the
				  Commission and Hearing Officers. In the absence of specific provisions,
				  procedures shall be in accordance with the Connecticut Rules of Civil
				  Procedure.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart A - GENERAL PROVISIONS › Section 31-376-4 - Computation of time

Current through July 10, 2024
(a) In computing
				any period of time prescribed or allowed in these rules, the day from which the
				designated period begins to run shall not be included. The last day of the
				period so computed shall be included unless it is a Saturday, Sunday, or State
				holiday, in which event the period runs until the end of the next day which is
				not a Saturday, Sunday, or State holiday. When the period of time prescribed or
				allowed is less than seven days, intermediate Saturdays, Sundays, and State
				holidays shall be excluded in the computation.
(b) Where service of a pleading or document
				is by mail pursuant to Section
				31-376-7 of
				this subpart, three days shall be added to the time allowed by these rules for
				the filing of a responsive pleading.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart A - GENERAL PROVISIONS › Section 31-376-6 - Record address

Current through July 10, 2024
The initial pleading filed by any person shall contain his
				  name, address, and telephone number. Any change in such information must be
				  communicated promptly in writing to the Hearing Officer or the Commission, as
				  the case may be, and to all parties and intervenors. A party or intervenor who
				  fails to furnish such information shall be deemed to have waived his right to
				  notice and service under these rules.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart A - GENERAL PROVISIONS › Section 31-376-8 - Filing

Current through July 10, 2024
(a) Prior to the assignment of a case to a
				Hearing Officer, all papers shall be filed with the Secretary. Subsequent to
				the assignment of a case to a Hearing Officer, and before the issuance of his
				decision, all papers shall be filed with the Hearing Officer. Subsequent to
				issuance of the decision of the Hearing Officer, all papers shall be filed with
				the Secretary.
(b) Unless otherwise
				ordered, all filings may be accomplished by first class mail.
(c) Filing is deemed effected at the time of
				mailing.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart A - GENERAL PROVISIONS › Section 31-376-9 - Consolidation

Current through July 10, 2024
Cases may be consolidated on the motion of any party on the
				  Hearing Officer's own motion, or on the Commission's own motion, where there
				  exist common parties, common questions of law or fact, or both, or in such
				  other circumstances as justice and the administration of the Act
				  require.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart A - GENERAL PROVISIONS › Section 31-376-10 - Severance

Current through July 10, 2024
Upon its own motion, or on the motion of any party or
				  intervenor, the Commission or Hearing Officer may, for good cause, order any
				  proceeding with respect to some or all issues or parties.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart A - GENERAL PROVISIONS › Section 31-376-11 - Trade secrets and other confidential information

Current through July 10, 2024
(a) Upon application by any person in a
				proceeding where trade secrets or other matters may be divulged, the
				confidentiality of which is protected by Section
				31-381
				of the Act, the Hearing Officer shall issue such orders as may be appropriate
				to protect the confidentiality of such matters.
(b) Interlocutory appeal from an adverse
				ruling under this section shall be granted as of right.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart B - PARTIES AND REPRESENTATIVES › Section 31-376-12 - Party status

Current through July 10, 2024
(a) Affected
				employees may elect to participate as parties at any time before the
				commencement of the hearing before the Hearing Officer, unless, for good cause
				shown, the Commission or the Hearing Officer allows such election at a later
				time. (See also 31-376-13 below.)
(b) Where a notice of contest is filed by an
				employee or by an authorized employee representative with respect to the
				reasonableness of the period for abatement of a violation, the employer charged
				with the responsibility of abating the violation may elect party status at any
				time before the commencement of the hearing before the Hearing Officer. (See
				also 31-376-13 below.)
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart B - PARTIES AND REPRESENTATIVES › Section 31-376-13 - Intervention: Appearance by nonparties

Current through July 10, 2024
(a) A petition for
				leave to intervene may be filed at any stage of a proceeding before
				commencement of the hearing before the Hearing Officer.
(b) The petition shall set forth the interest
				of the petitioner in the proceeding and show that that participation of the
				petitioner will assist in the determination of the issues in question, and that
				the intervention will not unnecessarily delay the proceeding.
(c) The Commission or the Hearing Officer may
				grant a petition for intervention to such an extent and upon such terms as the
				Commission or the Hearing Officer shall determine.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart B - PARTIES AND REPRESENTATIVES › Section 31-376-14 - Representatives of parties and intervenors

Current through July 10, 2024
(a) Any party or
				intervenor may appear in person or through a representative.
(b) A representative of a party or intervenor
				shall be deemed to control all matters respecting the interest of such party or
				intervenor in the proceeding.
(c)
				Affected employees who are represented by an authorized employee representative
				may appear only through such authorized employee representative.
(d) Nothing contained herein shall be
				construed to require any representative to be an attorney at law.
(e) Withdrawal of appearance of any
				representative may be effected by filing a written notice of withdrawal and by
				serving a copy thereof on all parties and intervenors.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart C - PLEADINGS AND MOTIONS › Section 31-376-15 - Form

Current through July 10, 2024
(a) Except as provided herein, there are no
				specific requirements as to the form of any pleading. A pleading is simply
				required to contain a caption sufficient to identify the parties in accordance
				with Section
				31-376-16
				which shall include the Commission's docket number, if assigned, and a clear
				and plain statement of the relief that is sought, together with the grounds
				therefor.
(b) Pleadings and other
				documents (other than exhibits) shall be typewritten, double spaced, on letter
				size opaque paper (approximately 8½ inches by 11 inches). The left
				margin shall be 1½ inches and right margin 1 inch. Pleadings and other
				documents shall be fastened at the upper left corner.
(c) Pleadings shall be signed by the party
				filing or by his representative. Such signing constitutes a representation by
				the signer that he has read the document or pleading, that to the best of his
				knowledge, information and belief the statements made therein are true, and
				that it is not interposed for delay.
(d) The Commission may refuse for filing any
				pleading or document which does not comply with the requirements of paragraphs
				(a), (b), and (c) of this section.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart C - PLEADINGS AND MOTIONS › Section 31-376-16 - Caption: Titles of cases

Current through July 10, 2024
(a) Cases initiated
				by a notice of contest shall be titled:
Commissioner of Labor,
Complainant
V.
(Name of Contestant)
Respondent.
(b)
				Cases initiated by a petition for modification of the abatement period shall be
				titled:
(Name of Employer),
Petitioner
V.
Commissioner of Labor,
Respondent.
(c)
				The titles listed in paragraphs (a) and (b) of this section shall appear at the
				left upper portion of the initial page of any pleading or document (other than
				exhibits filed).
(d) The initial
				page of any pleading or document (other than exhibits) shall show, at the upper
				right of the page, opposite the title, the docket number, if known, assigned by
				the Commission.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart C - PLEADINGS AND MOTIONS › Section 31-376-18 - Employer contests

Current through July 10, 2024
(a)
Complaint.
(1) The Commissioner
				shall file a complaint with the Commission no later than 20 days after receipt
				of the notice of contest.
(2) The
				complaint shall set forth all alleged violations and proposed penalties which
				are contested, stating with particularity:
(i) The basis for jurisdiction;
(ii) The time, location, place, and
				circumstances of each such alleged violation; and
(iii) The considerations upon which the
				period for abatement and the proposed penalty on each such alleged violation is
				based.
(3) Where the
				Commissioner seeks in his complaint to amend his citation or proposed penalty,
				he shall set forth the reasons for amendment and shall state with particularity
				the change sought.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart C - PLEADINGS AND MOTIONS › Section 31-376-19 - Petitions for modification of abatement period

Current through July 10, 2024
(a) An
				employer may file a petition for modification of abatement date when such
				employer has made a good faith effort to comply with the abatement requirements
				of a citation, but such abatement has not been completed because of factors
				beyond the employer's reasonable control.
(b) A petition for modification of abatement
				date shall be in writing and shall include the following information:
(1) All steps taken by the employer, and the
				dates of such action, in an effort to achieve compliance during the prescribed
				abatement period.
(2) The specific
				additional abatement time necessary in order to achieve compliance.
(3) The reasons such additional time is
				necessary including the unavailability of professional or technical personnel
				or of materials and equipment, or because necessary construction or alteration
				of facilities cannot be completed by the original abatement date.
(4) All available interim steps being taken
				to safeguard the employees against the cited hazard during the abatement
				period.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart C - PLEADINGS AND MOTIONS › Section 31-376-20 - Employee contests

Current through July 10, 2024
(a) Where an
				employee or authorized employee representative files a notice of contest with
				respect to the abatement period, the Commissioner shall, within 10 days from
				receipt of notice of contest, file a clear and concise statement of the reasons
				the abatement period prescribed by him is not unreasonable.
(b) Not later than 10 days after receipt of
				the statement referred to in paragraph (a) of this section, the contestant
				shall file a response.
(c) All
				contests under this section shall be handled as expedited proceedings as
				provided for in section
				31-376-52.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart C - PLEADINGS AND MOTIONS › Section 31-376-21 - Statement of position

Current through July 10, 2024
At any time prior to the commencement of the hearing before
				  the Hearing Officer, any person entitled to appear as a party, or any person
				  who has been granted leave to intervene, may file statement of position with
				  respect to any or all issues to be heard.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart C - PLEADINGS AND MOTIONS › Section 31-376-23 - Failure to file

Current through July 10, 2024
Failure to file any pleading pursuant to these rules when
				  due, may, in the discretion of the Commission or Hearing Officer, constitute a
				  waiver of the right to further participation in the
				  proceedings.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart D - PRE-HEARING PROCEDURES AND DISCOVERY › Section 31-376-25 - Pre-hearing conference

Current through July 10, 2024
(a) At any time
				before a hearing the Commission or Hearing Officer, on their own motion or on
				motion of a party, may direct the parties or their representatives to exchange
				information or to participate in a prehearing conference for the purpose of
				considering matters which will tend to simplify the issues or expedite the
				proceedings.
(b) The Commission or
				Hearing Officer may issue a pre-hearing order which includes the agreements
				reached by the parties. Such order shall be served on all parties and shall be
				part of the record.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart D - PRE-HEARING PROCEDURES AND DISCOVERY › Section 31-376-26 - Requests for admissions

Current through July 10, 2024
(a) At any time
				after the filing of responsive pleadings, any party may request of any other
				party admissions of facts to be made under oath. Each admission requested shall
				be set forth separately. The matter shall be deemed admitted unless, within 15
				days after service of the request, or within such shorter or longer time as the
				Commission or the Hearing Officer may prescribe, the party to whom the request
				is directed serves upon the party requesting the admission a specific written
				response.
(b) Copies of all
				requests and responses shall be served on all parties in accordance with the
				provisions of Section
				31-376-7(a)
				and filed with the Commission within the time allotted and shall be a part of
				the record.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart D - PRE-HEARING PROCEDURES AND DISCOVERY › Section 31-376-27 - Discovery depositions and interrogatories

Current through July 10, 2024
(a)
				Except by special order of the Commission or the Hearing Officer, discovery
				depositions of parties, intervenors, or witnesses, and interrogatories directed
				to parties, intervenors, or witnesses shall not be allowed.
(b) In the event the Commission or the
				Hearing Officer grants an application for the conduct of such discovery
				proceedings, the order granting the same shall set forth appropriate time
				limits governing the discovery.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart D - PRE-HEARING PROCEDURES AND DISCOVERY › Section 31-376-28 - Failure to comply with orders for discovery

Current through July 10, 2024
If any party or intervenor fails to comply with an order of
				  the Commission or the Hearing Officer to permit discovery in accordance with
				  the provisions of these rules, the Commission or the Hearing Officer may issue
				  appropriate orders.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart D - PRE-HEARING PROCEDURES AND DISCOVERY › Section 31-376-29 - Issuance of subpoenas: Petitions to revoke or modify subpoenas: Right to inspect or copy data

Current through July 10, 2024
(a) Any member of
				the Commission shall, on the application of any party directed to the
				Commission, forthwith issue subpoenas requiring the attendance and testimony of
				witnesses and the production of any evidence, including relevant books,
				records, correspondence, or documents, in his possession or under his control.
				Applications for subpoenas if filed subsequent to the assignment of the case to
				a Hearing Officer, shall be filed with the Hearing Officer. A Hearing Officer
				shall grant the application on behalf of any member of the Commission.
				Applications for subpoenas may be made ex parte. The subpoena shall show on its
				face the name and address of the party at whose request the subpoena was
				issued.
(b) Any person served with
				a subpoena, whether ad testificandum or duces tecum, shall within 5 days after
				the date of service of the subpoena upon him, move in writing to revoke or
				modify the subpoena if he does not intend to comply. All motions to revoke or
				modify shall be served on the party at whose request the subpoena was issued.
				The Hearing Officer or the Commission, as the case may be, shall revoke or
				modify the subpoena if in its opinion the evidence whose production is required
				does not relate to any matter under investigation or in question in the
				proceedings or the subpoena does not describe with sufficient particularity the
				evidence whose production is required, or if for any other reason sufficient in
				law the subpoena is otherwise invalid. The Hearing Officer or the Commission,
				as the case may be, shall make a simple statement of procedural or other
				grounds for the ruling on the motion to revoke or modify. The motion to revoke
				or modify, any answer filed thereto, and any ruling thereon shall become a part
				of the record.
(c) Persons
				compelled to submit data or evidence at a public proceeding are entitled to
				retain, or on payment of lawfully prescribed costs, to procure copies of
				transcripts of the date or evidence submitted by them.
(d) Upon the failure of any person to comply
				with a subpoena issued upon the request of a party, the Commission by its
				counsel shall initiate proceedings in the appropriate district court for the
				enforcement thereof, if in its judgment the enforcement of such subpoena would
				be consistent with law and with policies of the Act. Neither the Commission nor
				its counsel shall be deemed thereby to have assumed responsibility for the
				effective prosecution of the same before the court.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart E - HEARINGS › Section 31-376-30 - Notice of hearing

Current through July 10, 2024
Notice of the time, place, and nature of a hearing shall be
				  given to the parties and intervenors at least 10 days in advance of such
				  hearing, except as otherwise provided in Section
				  31-376-52.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart E - HEARINGS › Section 31-376-31 - Postponement of hearing

Current through July 10, 2024
(a) Postponement of
				a hearing ordinarily will not be allowed.
(b) Except in the case of an extreme
				emergency or in unusual circumstances, no such request will be considered
				unless received in writing at least 3 days in advance of the time set for the
				hearing.
(c) No postponement in
				excess of 30 days shall be allowed without Commission approval.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart E - HEARINGS › Section 31-376-32 - Failure to appear

Current through July 10, 2024
(a) Subject to the
				provisions of paragraph (c) of this section, the failure of a party to appear
				at a hearing shall be deemed to be a waiver of all rights except the rights to
				be served with a copy of the decision of the Hearing Officer and to request
				Commission review pursuant to Section
				31-376-48.
(b) Requests for reinstatement must be made,
				in the absence of extraordinary circumstances, within 5 days after the
				scheduled hearing date.
(c) The
				Commission or the Hearing Officer, upon a showing of good cause, may excuse
				such failure to appear. In such event, the hearing will be
				rescheduled.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart E - HEARINGS › Section 31-376-33 - Payment of witness fees and mileage: Fees of persons taking depositions

Current through July 10, 2024
Witnesses summoned before the Commission or the Hearing
				  Officer shall be paid the same fees and mileage that are paid witnesses in the
				  courts of Connecticut, and witnesses whose depositions are taken and the
				  persons taking the same shall severally be entitled to the same fees as are
				  paid for like services in the courts of Connecticut. Witness fees and mileage
				  shall be paid by the party at whose instance the witness appears, and the
				  person taking a deposition shall be paid by the party at whose instance the
				  deposition is taken.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart E - HEARINGS › Section 31-376-35 - Transcript of testimony

Current through July 10, 2024
Hearings shall be transcribed verbatim. A copy of the
				  transcript of testimony taken at the hearing, duly certified by the reporter,
				  shall be filed with the Hearing Officer before whom the matter was heard. The
				  Hearing Officer shall promptly serve notice upon each of the parties and
				  intervenors of such filing.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart E - HEARINGS › Section 31-376-36 - Duties and powers of hearing officers

Current through July 10, 2024
It shall be the duty of the Hearing Officer to conduct a fair
				  and impartial hearing, to assure that the facts are fully elicited, to
				  adjudicate all issues and avoid delay. The Hearing Officer shall have authority
				  with respect to cases assigned to him, between the time he is designated and
				  the time he issues his decision, subject to the rules and regulations of the
				  Commission, to:
(a) Administer oaths
				and affirmations;
(b) Issue
				authorized subpoenas;
(c) Rule upon
				petitions to revoke subpoenas;
(d)
				Rule upon offers of proof and receive relevant evidence;
(e) Take or cause depositions to be taken
				whenever the needs of justice would be served;
(f) Regulate the course of the hearing and,
				if appropriate or necessary, exclude persons or counsel from the hearing for
				contemptuous conduct and strike all related testimony of witnesses refusing to
				answer any proper questions;
(g)
				Hold conferences for the settlement or simplification of the issues;
(h) Dispose of procedural requests or similar
				matters, including motions referred to the Hearing Officer by the Commission
				and motions to amend pleadings; also to dismiss complaints or portions thereof,
				and to order hearings reopened or, upon motion, consolidated prior to issuance
				of his decision;
(i) Make decisions
				in conformity with pertinent Connecticut codes.
(j) Call and examine witnesses and to
				introduce into the record documentary or other evidence;
(k) Request the parties at any time during
				the hearing to state their respective positions, concerning any issue in the
				case or theory in support thereof;
(l) Adjourn the hearing as the needs of
				justice and good administration require;
(m) Take any other action necessary under the
				foregoing and authorized by the published rules and regulations of the
				Commission.