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Connecticut Regulations § 9-7b-43 Proposal for decision in a contested case

⤴ Up to Part 4: Decision in a Contested Case

Regulation Text

(a) The Commission will proceed in the following manner in contested cases where a majority of the Commission has not heard the case or read the record. A final decision shall not be adopted by the Commission until a proposed final decision is served upon all of the parties, and until an opportunity has been afforded to each party adversely affected by the proposed final decision to file exceptions, to present briefs, and to make oral argument before the Commission at a Commission meeting. Compliance with this requirement concerning the proposed final decision may be waived by a written stipulation of the parties. The Commission may limit the period of time for argument by serving notice of such limitation upon all of the parties simultaneously with the proposed final decision. For good cause shown, the Commission may enlarge the period for argument if the request is made in writing, stating the reasons therefor, and filed with the Commission on or before the Wednesday immediately prior to the meeting at which such proposed final decision is scheduled to be discussed or acted upon by the Commission.
(b) In no event may new evidence, not admitted into evidence under Section 9-7b-41 of the regulations of Connecticut state agencies, be submitted or considered by the Commission at the Commission meeting at which the proposed final decision is considered. In addition, no party or intervenor may present any argument at the Commission meeting at which the proposed final decision is considered unless such argument had been raised (1) at the hearing in the contested case, or (2) in a bill of exceptions or brief filed with the Commission on before the Wednesday immediately prior to the meeting at which the proposed final decision is scheduled to be discussed or acted upon by the Commission, or (3) in the proposed final decision itself.
(c) In the proposed final decision to be served upon the parties, the Commission or hearing officer shall set forth each issue of fact or law that it finds necessary to reach the conclusions contained in the proposed final decision.

History

Effective March 23, 1989; Amended July 31, 1998

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