Sec.17b-812-14. Notice, appeals and hearings

(a) The department or its agent shall give program applicants prompt written notice of a decision to deny assistance to an applicant, and shall give program participants written notice of a decision to change the terms of assistance or to discontinue assistance to a participant. Such notice of decision shall: (1) contain a brief statement of the reasons for the decision; (2) state that any person aggrieved by a decision of the commissioner or the commissioner's agent pursuant to the program may request an administrative hearing in accordance with the provisions of section 17b-60 of the Connecticut General Statutes; and (3) describe how to request an administrative hearing. A notice of decision changing the terms of assistance or discontinuing assistance shall be issued not less than thirty days prior to the effective date of the proposed action.

(b) A participant or applicant may make a written request for an administrative hearing to the department's Office of Legal Counsel, Regulations and Administrative Hearings. Such request shall be faxed or postmarked not later than sixty days from the date printed on the notice of decision issued by the department or its agent.

(c) If an aggrieved participant requests an administrative hearing due to a decision to deny assistance, change the terms of assistance or discontinue assistance, the department shall continue to provide rental assistance payments as provided in the participant's rental assistance certificate until a decision has been issued following such hearing, provided: (1) the request for an administrative hearing is faxed or postmarked not later than ten days from the date printed on the notice of decision issued by the department or its agent; (2) the program has sufficient funds to provide such assistance; and (3) the decision under review is not one that affects all program applicants or participants equally. If an aggrieved participant requests an administrative hearing but the participant's grievance is not due to a decision to deny assistance, change the terms of assistance or discontinue assistance, the department shall continue to provide rental assistance payments as provided in the rental assistance certificate until a decision has been issued following such hearing.

(d) An administrative hearing shall be scheduled by the Office of Legal Counsel, Regulations and Administrative Hearings not later than thirty days from the receipt of the request for an administrative hearing. The Office of Legal Counsel, Regulations and Administrative Hearings shall notify the applicant or participant and the department or its agent of the administrative hearing by written notice issued not less than ten days in advance of the scheduled hearing. The notice of administrative hearing shall include the date, time and place for the hearing; reference the particular sections of the statutes and regulations involved; make a short and plain statement of the matters asserted; and advise the participant of the right to be represented by counsel. The administrative hearing shall be conducted by a hearing officer designated by the department.

(e) In lieu of holding an administrative hearing, the Office of Legal Counsel, Regulations and Administrative Hearings may take one of the following actions:

(1) Accept a withdrawal of the request by the person who made it. This action shall be voluntary and may be made at any time before the administrative hearing by a written statement of withdrawal addressed to the Office of Legal Counsel, Regulations and Administrative Hearings; or

(2) dismiss the request if:

(A) The applicant or recipient who has requested the administrative hearing fails to appear at the designated time and place without good cause; or

(B) the point at issue is resolved prior to the administrative hearing.

(f) Not later than sixty days from the date of the administrative hearing, the Office of Legal Counsel, Regulations and Administrative Hearings shall issue a written report of its findings which may order a change to the original decision of which review was sought. Factual determinations relating to the individual circumstances of the applicant or recipient who requested the administrative hearing shall be based on information presented at the administrative hearing. A copy of the decision shall be provided promptly to the applicant or recipient who requested the administrative hearing.

(Effective December 28, 2012)