Sec.10-183l-18. Hearing procedures

(a) Scope. This regulation shall apply to all hearings conducted by the Teachers' Retirement Board. Hearings will be held upon a timely written request for a hearing by any person receiving notice pursuant to section 10-183l-19 of the board's intention to discontinue or reduce the amount of his or her periodic benefits or when a petition for a declaratory ruling is filed and the board votes to hold a hearing thereon.

(b) Initial Determination. In each case where a hearing is to be held the board shall determine whether the hearing will be before the entire board or a panel of the board. Where a hearing is to be held before the full board, the chairperson shall be the presiding officer.

(c) Hearing Panel. If not heard by the full board, the matter shall be heard by a three-member panel of the board consisting of at least one teacher member and one member who is not a teacher member. The chairperson of the board shall designate the panel in writing and shall also designate in writing one of its members to act as presiding officer. The panel shall make a written recommendation, together with a summary of the evidence presented and the reasons for its decision, to the board concerning the matter at the next regular meeting of the board.

(d) Notice of hearings. At least fourteen days prior to a scheduled hearing the board shall give written notice of the hearing in any pending matter to all parties, to all persons otherwise required by statute to be notified, and to such other persons as have filed with the board their written request for notice of hearing in a particular matter. The board may give such public notice of the hearing as it shall deem appropriate within the provisions of sections 1-15, 1-18a, 1-19 to 1-19b, inclusive, and 1-21 to 1-21k, inclusive, of the General Statutes. Notice of hearing shall include but shall not be limited to the following: (1) a statement of the time, place and nature of the hearing; (2) a statement of the legal authority under which the hearing is to be held and the particular sections of the statutes and regulations involved; (3) a short and plain statement of facts describing the purpose of the hearing and the principal facts to be asserted therein or, in lieu thereof, if the hearing is upon a petition for a declaratory ruling, a copy of the petition.

(e) Signatures. Every petition, notice, brief and memorandum shall be signed on behalf of the person filing the same.

(f) Service. Service of all documents and other papers filed in all proceedings, including but not limited to motions, petitions, notices, briefs, and exhibits shall be by personal delivery or by first class mail, except as hereinafter provided. All such documents and other papers shall be served by the person filing the same on every party and intervenor in the proceeding and all such additional persons as the board or panel shall direct. A copy of any document or other paper served by the board or panel, showing the addresses to whom the document or other paper was mailed, shall be placed in the board's files and shall be given to each party, intervenor and to such other person as the presiding officer may deem appropriate by personal service upon such person or by first class mail.

(g) Parties, intervention, and participation. At any time prior to the commencement of oral testimony in any hearing, any person may request that the presiding officer permit that person to participate in the hearing. Any person not a party who is so permitted to participate in the hearing will be identified as an intervenor, and will participate in those portions of the hearing as the presiding officer shall expressly allow. No grant or leave to participate in the hearing as an intervenor or in any other manner shall be deemed to be an admission by the board or panel that the person it has permitted to participate is a party in interest who may be aggrieved by any final decision, order or ruling of the board unless such grant of leave to participate expressly so states. Each person authorized to participate in a hearing as a party or as an intervenor shall file a written notice of appearance with the board. Such appearance may be filed on behalf of parties and intervenors by an attorney, an agent, or other duly authorized representative subject to the rules hereinabove stated. The filing of a written appearance may be excused by the presiding officer.

(h) General provisions.

(1) Purpose of hearing. The purpose of any hearing the board conducts shall be to provide to all parties an opportunity to present evidence and argument on all issues to be considered by the board.

(2) Order of presentation. In all hearings the party who shall open and close the presentation of any part of the matter shall be the person requesting the hearing or declaratory ruling unless otherwise provided by the presiding officer for good cause shown.

(3) Limiting the number of witnesses. To avoid unnecessary cumulative evidence, the presiding officer may limit the number of witnesses or the time for testimony upon a particular issue in the course of any hearing.

(4) Written testimony. The board may, by order of the presiding officer, permit any party to offer testimony in written form. Such written testimony shall be received in evidence with the same force and effect as though it were stated orally by the witness who has given the evidence, provided that each such witness shall be present at the hearing at which the testimony is offered, shall adopt the written testimony under oath, and shall be made available for cross examination as directed by the presiding officer. Prior to its admission such written testimony shall be subject to objections by parties.

(5) Additional evidence. At any time prior to a final decision, any party, for good cause shown, may move the presiding officer to reconvene the hearing for the purpose of adducing additional evidence.

(6) Transcripts. A transcript shall be made of all hearings. Any interested party or other person may, upon payment of the cost, obtain a copy of such transcript.

(i) Rules of evidence. The following rules of evidence shall be followed in the admission of testimony in all hearings.

(1) General. Any oral or documentary evidence may be received; but the presiding officer shall, as a matter of policy, exclude irrelevant, immaterial or unduly repetitious evidence. The presiding officer shall give effect to the rules of privilege recognized by law in Connecticut where appropriate to the conduct of the hearing. Subject to these requirements and subject to the right of any party to cross examine, any testimony may be received in written form as herein provided.

(2) Documentary evidence, copies. Documentary evidence may be received at the discretion of the presiding officer in the form of copies or excerpts, if the original is not found to be readily available.

(3) Cross examination. Such cross examination may be conducted as the presiding officer shall find to be required for a full and true disclosure of the facts.

(4) Facts noticed, scope and procedure. The board may take administrative notice of generally recognized technical facts within the board's specialized knowledge and of judicially cognizable facts including the records of the board and its prior decisions. Parties shall be afforded an opportunity to contest the material so noticed by being notified before or during the hearing, or by an appropriate reference in preliminary reports or otherwise of the material noticed. The board shall nevertheless employ the board's experience, technical competence, and specialized knowledge in evaluating the evidence presented at the hearing for the purpose of making its finding of facts and arriving at a final decision.

(j) Proposal for decision. The board will proceed in the following manner where a majority of the board has not heard the case or read the record. If the decision is to be adverse to a party requesting a hearing or declaratory ruling, the decision shall not be adopted by the board until a proposal for decision is served upon all of the parties, and until an opportunity has been afforded to each party adversely affected by the proposed decision to file exceptions, to present briefs, and to make oral argument before the board. The board may limit the period of time for argument by serving notice of such limitation upon all of the parties simultaneously with the proposal for decision. For good cause shown, the board may enlarge the period of time for argument if the request is made in writing, stating the reasons therefor, and filed with the board on or before the Friday immediately prior to the proceeding at which such proposal for decision is scheduled to be discussed and/or acted upon by the board. In the proposal for decision to be served upon the parties, the panel will set forth its summary of each issue of fact or law that it finds necessary to reach the conclusion contained in the proposed decision.

(k) Contents of the record. The record of the hearing shall include: (1) all motions, requests, applications, petitions, responsive pleadings, notices of hearing, and intermediate rulings; (2) the evidence received and considered by the board; (3) questions and offers of proof, objections, and the presiding officer's rulings thereon during the hearing; and (4) the proposed decision, opinion or report by the panel to the board and the final decision adopted by the board. The board or presiding officer may designate other documents or portions of the board's proceedings as part of the record. Requests to so designate other material as part of the record should be made to the board or presiding officer at the time the final decision is adopted.

(l) Final decision. All decisions of the board shall require the approval of five members of the board or a majority of the members who are present, whichever is greater. All decisions and orders of the board concluding a hearing shall be in writing, which writing shall include the board's findings of fact and conclusions of law, separately stated. The board will serve a copy of its decision on each party. Service shall be in person or by certified mail.

(Effective July 30, 1996)