Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article IV - HEARINGS › Part 2 - Special Provisions › Hearings on Applications and Petitions › Section 38a-8-52 - Hearing procedure

Current through July 10, 2024
(a)
Order of
					 presentation.
In hearings on petitions, the party that shall open and
					 close the presentation of any part of the matter shall be the petitioner. In a
					 case where the direct testimony has already been submitted in written form as
					 provided by the rules of practice, the hearing shall open with the direct
					 testimony being read for the benefit of those present or, at the discretion of
					 the Commissioner or presiding officer, the hearing shall open with the
					 cross-examination of persons who have given written testimony. In the event any
					 person has given written testimony and is not available for such
					 cross-examination at the time and place directed by the Commissioner or
					 presiding officer, all of such written testimony may be discarded and removed
					 from the record at the discretion of the Commissioner or presiding
					 officer.
(b)
Limiting number
					 of witnesses.
To avoid unnecessary cumulative evidence, the Commissioner
					 or the presiding officer may limit the number of witnesses or the time for the
					 testimony upon a particular issue in the course of any hearing pertaining to a
					 petition for party or intervenor status.
(c)
Limitation of direct case.
The direct case of any petitioner shall consist substantially of the written
					 statement of the petition, and the exhibits and other materials annexed thereto
					 unless the Commissioner or presiding officer shall rule otherwise for good
					 cause shown. All prepared written testimony filed with the petition shall be
					 received in evidence with the same force and effect as though it were stated
					 orally by the witnesses, provided that each such witness shall be present at
					 the hearing at which such prepared written testimony is offered, shall adopt
					 such written testimony under oath, and shall be made available for
					 cross-examination as directed by the Commissioner or presiding officer. Prior
					 to its admission, such written testimony shall be subject to objections by any
					 party. The Department, any party or intervenor may waive the attendance of such
					 witness at the hearing. Where the attendance at the hearing of all witnesses is
					 waived by all parties, intervenors and the Department, the matters at issue in
					 the hearing may be decided solely on the basis of the prepared written
					 testimony.
(d) The Commissioner or
					 presiding officer may by order, require any party or other participant that
					 proposes to offer substantive, technical or expert testimony, to prefile such
					 testimony in written form on such date before or during the public hearing as
					 the Commissioner or presiding officer shall direct. Such prefiled written
					 testimony shall be received in evidence with the same force and effect as
					 though it were stated orally by the witnesses who have given the evidence,
					 provided that each witness shall be present at the hearing at which the
					 prefiled written testimony is offered, shall adopt the written testimony under
					 oath, and shall be made available for cross-examination as directed by the
					 Commissioner or presiding officer. Prior to its admission, such written
					 testimony shall be subject to objections by any party.
(e) The Commissioner or presiding officer may
					 allow oral testimony or arguments to be presented by telephone or other
					 electronic means, provided the testimony or arguments are amplified so that the
					 public attending such hearing may hear such testimony or arguments.