Connecticut Regulations § 9-7b-8 Hearing officers

Regulation Text

(a) The Commission, by its chairperson, may designate a member of the Commission or the Executive Director or Deputy Director of the Commission to be a hearing officer for the purpose of conducting any contested case the Commission shall conduct under the authority of Section 9-7b and Chapter 54 of the General Statutes, provided that, in the event the Executive Director or Deputy Director of the Commission is designated as a hearing officer, he or she shall not personally carry out any of the functions of an investigator in such contested case. The appointment of hearing officers for cases heard under the federal Help America Vote Act shall be governed by Section 9-7b-93 of the Regulations of Connecticut State Agencies.

(b) By such designation the hearing officer shall be empowered to exercise on behalf of the Commission all of the authority to conduct a contested case, hearing or other proceeding delegated to the Commission under Section 9-7b and Chapter 54 of the General Statutes within the limits hereinafter set forth.

(1) The hearing officer shall convene and conduct all hearings required by law within the scope of the Commission's designation.

(2) A member of the Commission's staff may provide technical assistance to the hearing officer and to the Commission. The person designated to provide such technical assistance may act as legal and procedural advisor, subject to the direction of the hearing officer. The designation of a member of the Commission's staff to serve in such capacity shall not in any way diminish the authority of the hearing officer.

(3) The hearing officer shall administer oaths, examine witnesses, receive oral and written evidence, rule on the admissibility of evidence, rule on the order in which the hearing is conducted and on all other aspects of its conduct on behalf of the Commission. Upon conclusion of the hearing, the hearing officer shall submit a proposed final decision to the Commission which shall contain the hearing officer's recommended findings of fact, conclusions of law and a recommended order.

(4) In the event the hearing officer finds it necessary to subpoena witnesses to compel their attendance or testimony, or the production of evidence for examination, the hearing officer is authorized to order on behalf of the Commission the issuance of such subpoena as is required for purposes of the hearing. Such subpoena may be signed on behalf of the hearing officer by the executive director or managing director. In the case of the failure to comply with the subpoena or to testify with respect to any matter at the hearing, investigation or other proceeding, the hearing officer shall report to the Commission the need to seek enforcement of the Commission's authority under Section 9-7b of the General Statutes. Upon a majority vote of a quorum of the Commission, the executive director and general counsel shall be empowered to take such action to enforce the subpoena or to compel testimony as may be provided by law.

History

Effective July 31, 1998; Amended October 7, 2004; Amended April 26, 2007

Explore Related Documents

This section contains links to related documents with the same tags to allow you quickly access other relevant legal materials. These links include document types and counts, enabling you to explore similar content efficiently.