Sec.17a-101k-7. Scheduling the administrative hearing

(a) The administrative hearing shall be scheduled by the department not later than thirty (30) days after the date the request is received by the commissioner. Notice of the hearing date shall be provided in accordance with section 4-177 of the Connecticut General Statutes.

(b) The administrative hearing shall be held in the office of the department or unit that conducted the investigation or another location designated by the commissioner or designee.

(c) An administrative hearing shall not be continued or postponed except when requested in writing and for good cause shown as determined by the hearing officer.

(d) An administrative hearing may be consolidated with any other reasonably-related department administrative hearings at the discretion of the commissioner or designee.

(e) The hearing officer may dismiss an administrative hearing if the individual responsible, without good cause shown, fails to attend a hearing after receiving notice.

(f) An administrative hearing may be deferred pending disposition of any civil court proceeding arising from or including the incident of abuse or neglect that is the subject of the administrative hearing.

(g) An administrative hearing may be deferred pending disposition of any criminal court proceeding arising from or including the incident of abuse or neglect that is the subject of the administrative hearing unless the individual responsible files a written objection to such deferral.

(h) A request for an administrative hearing shall be denied and the registry finding shall be confirmed in accordance with subsection (b) of section 17a-101k-3 of the Regulations of Connecticut State Agencies by the department when a criminal court proceeding has been finally disposed with a factual determination by the court that the individual responsible committed the act of child abuse or neglect that is the subject of the substantiation.

(i) A request for an administrative hearing shall be denied by the department when a civil court proceeding has been finally disposed with a factual determination by the court that the identified person committed the act of child abuse or neglect that is the subject of the substantiation. Notwithstanding the foregoing, the department shall proceed with an administrative hearing for the sole purpose of determining the legal sufficiency of the registry finding in any civil case that does not result in a factual determination that at least one of the circumstances listed in subsection (b) of section 17a-101k-3 of the Regulations of Connecticut State Agencies exists.

(Adopted effective November 7, 2008)