Sec.12-562-42a. Conduct of show cause hearings

(a) As the matter may require, show cause hearings shall be presided over by at least four board members where the respondent is a board licensee or by the executive director, the deputy executive director, any unit head, assistant unit head or executive assistant appointed by the executive director as a hearing officer where the respondent is a division licensee.

(b) The board members and the executive director and other authorized presiding officers shall have the power:

(1) To administer oaths and affirmations;

(2) To rule upon offers of proof and receive evidence and exclude irrelevant, immaterial, or unduly repetitious evidence;

(3) To regulate the course of the hearing and the conduct of the parties and their counsel therein;

(4) To hold conferences for informal dispositions and simplification of issues;

(5) To consider stays and rule upon, as justice may require, all procedural and other motions appropriate in a show cause proceeding;

(6) To make and file final decisions, recommendations, and orders;

(7) To exercise any and all other powers as provided in the Connecticut General Statutes;

(c) Unless varied or modified by the board, the executive director or other authorized hearing officer, the order of proof at show cause hearings shall be:

(1) Evidence of the violations alleged;

(2) Cross-examination of board or division witnesses;

(3) Evidence by respondent charged and his witnesses;

(4) Cross-examination of the person charged and his witnesses;

(5) Such rebuttal or other evidence on behalf of the board or the division or any party in interest as may be regarded as relevant by the board or the division.

(d) Each party at a show cause hearing shall have the right to present evidence of a visual or oral nature, cross-examine witnesses, enter motions and objections, and assert all other rights essential to a fair hearing. The rules of evidence shall be as prescribed in Section 4-178 C.G.S. and Section 12-562-32a of the Regulations of Connecticut State Agencies.

(e) Objections to evidence shall be timely and shall briefly state the grounds relied upon. Rulings on all decisions and any exceptions thereto shall appear on the record.

(Effective October 24, 1986; Amended June 4, 1999)