Sec.10-293-6. Definitions  


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  • (a) Definitions

    (1) The definitions provided by sections 4-166, 1-14, 1-18a, 10-294a through 10-300a inclusive, 10-303 and 10-306 of the general statutes shall govern the interpretation and application of Sections 10-293-6 through 10-293-25 of these regulations.

    (2) "Board" means the board of education and services for the blind.

    (3) "Executive Director" means the executive director of the board.

    (4) "Hearing Officer" means the executive director, member of the board or an impartial person designated by the executive director to conduct hearings and recommend decisions.

    (b) Application and Construction

    This part of the regulations governs the practice and procedure before the board except where otherwise provided by state or federal statute or federal or board regulation. Any other procedural regulations of the board shall be construed so as to be consistent with this part.

    (c) Hearing Officers

    The hearing officer shall be the executive director, a member of the board or any other person designated by the executive director in behalf of the board for the purpose of conducting any contested case to be heard under Chapter 54 of the general statutes. Such designation shall be limited to the particular contested case or investigation for which the appointment is made.

    (1) The hearing officer shall convene and conduct all hearings required by law within the scope of the board and the executive director’s designation. No testimony or argument shall become a part of the record or form a basis for any finding of the hearing officer unless the hearing officer is present in the place where the hearing is being conducted and personally hears or receives the testimony and argument there offered.

    (2) The hearing officer shall examine witnesses under oath, 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 in behalf of the board. Upon conclusion of the hearing, the hearing officer shall report to the board the hearing officer’s proposed decision which shall include a statement of the reasons therefor and of each issue of fact and law necessary to the proposed decision.

    (3) The hearing officer shall admit any person as a party if he/she is satisfied that:

    (A) the person has rights, duties or privileges which are likely to be determined in such hearing; or

    (B) the participation of such person as a party is necessary to the proper disposition of the hearing.

    (4) Request for Party Status

    (A) Any request for party status shall be made in writing unless made orally at the start of the hearing. If such request is made prior to the designation of a hearing officer, it shall be directed to the executive director. At any other time, such request shall be directed to the hearing officer. A copy of any written request shall be sent to all parties and to the appropriate unit of the board, and a list of the parties to whom the request was sent and a certification in substantially the following form shall be submitted to the executive director or the hearing officer, as applicable, with the request for party status:

    I hereby certify that a copy of the above was mailed on (date) to all parties or their authorized representatives.

    ______________________________________

    (signature of person mailing service)

    (B) The hearing officer shall notify the person requesting party status of his/her decision, and, if the person is granted party status, the hearing officer shall notify all parties of such decision.

(Effective July 23, 1987)