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Regulations of Connecticut State Agencies (Last Updated: June 14,2023) |
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Title29 Public Safety and State Police |
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SubTitle29-32b-1_29-32b-15. Organization of the Board, Rules of Practice of or before the Board, and Declaratory Rulings of the Board |
SubTitle29-32b-1_29-32b-15. Organization of the Board, Rules of Practice of or before the Board, and Declaratory Rulings of the Board
| Sec. 29-32b-1. Description of organization |
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The Board of Firearms Permit Examiners was created as the Board of Permit Examiners by Public Act No. 633 of the 1967 General Assembly. The Board derives its primary duties and authority from Section 29-32b of the General Statutes as amended. Under that section, the Board is authorized to make inquiries and investigations, take testimony, and render decisions regarding appeals brought to the Board by persons aggrieved by the action or inaction of an issuing authority in matters pertaining to sections 29-28 or 29-28a in the case of pistol and revolver permits, sections 53-206 or 53-206a in the case of dangerous weapons permits, and section 29-36f in the case of eligibility certificates. |
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(Effective May 1, 1975; Amended December 9, 1997) |
| Sec. 29-32b-2. Chairman |
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The Chairman of the Board of Firearms Permit Examiners serves as the presiding officer at meetings of the Board at which he is present. However, with respect to hearings of appeals, if said Chairman (1) is not present or (2) is not an attorney authorized to practice law in Connecticut, then a member of the Board who is both present and authorized to practice law in Connecticut shall act as Chairman of the Board during the hearing of an appeal. |
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(Effective May 1, 1975) |
| Sec. 29-32b-3. Secretary |
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The Secretary of the Board of Firearms Permit Examiners shall be responsible for all secretarial duties defined in sections 29-32b-5 through 29-32b-15. The chairman may appoint an interim secretary as needed. |
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(Effective May 1, 1975; Amended December 9, 1997) |
| Sec. 29-32b-4. Office |
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The Board shall maintain an office for conducting its day-to-day business. The office shall be staffed by a manager and other personnel as needed. Such manager shall serve as its executive head for routine administrative and operational matters. The official address of the Board is: Board of Firearms Permit Examiners, 251 Maxim Road, Hartford, Connecticut 06114. All communications to the Board should be mailed or delivered to the Board's official address, unless otherwise specifically requested by the Board. |
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(Effective May 26, 1989; Amended December 9, 1997) |
| Sec. 29-32b-4a. Election of officers |
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The Board shall elect its officers biennially. Officers shall serve for a period of twenty four months or until their successors take office, and there shall be no limit placed upon the number of terms, consecutive or non-consecutive an individual may serve. |
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(Adopted effective December 9, 1997) |
| Sec. 29-32b-5. Petition for hearing |
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Any person aggrieved by any refusal to issue or renew a permit for selling pistols and revolvers or carrying pistols and revolvers or dangerous weapons or an eligibility certificate or by any limitation or revocation of such permit or certificate, or by refusal or failure of an issuing authority to furnish an application for such permit, may within ninety days of such action and without prejudice to any other course of action available to him in law or equity appeal to the Board. |
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(Effective May 1, 1975; Amended December 9, 1997) |
| Sec. 29-32b-6. Form of petition |
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The petition shall be in writing and shall identify the cause for the appeal. It shall state the name and address of the petitioner and be mailed or delivered as specified in Sec. 29-32b-4 of these Regulations. |
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(Effective May 1, 1975) |
| Sec. 29-32b-7. Acknowledgement |
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After receipt of the appeal the Secretary reserves the right to make a thorough inquiry of the facts of the appeal. When the Secretary determines that the information obtained relative to the appeal is sufficient to permit the conduct of a fair and impartial hearing, he shall set a date for a hearing and give reasonable notice of the time and place of the hearing to the appellant and to the issuing authority. |
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(Effective May 1, 1975) |
| Sec. 29-32b-8. Conduct of hearings |
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Hearings shall be conducted informally in a manner that guarantees fundamental fairness and the right to cross-examination. A verbatim transcript of each hearing shall be kept in a manner determined by discretion of the Secretary of the Board. In presenting his case, each party will be allowed adequate time as determined by the chairman of the Board. |
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(Effective May 26, 1989) |
| Sec. 29-32b-9. Attendance at hearing |
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The Board may compel attendance at hearings by the issuance of a subpoena signed by the Chairman or by the Secretary. |
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(Effective May 1, 1975) |
| Sec. 29-32b-10. Failure to appear |
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Failure of either party to an appeal to appear at a hearing shall be cause in the discretion of the Board for the appeal to be decided against the non-appearing party. |
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(Effective May 1, 1975) |
| Sec. 29-32b-11. Postponing, recessing, or rescheduling hearing |
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The Board may postpone, recess, or reschedule hearings at the discretion of the Secretary; or, if the Board is in session, at the discretion of the Chairman. Either party to an appeal may request the Board to postpone or reschedule a hearing and the Secretary in his discretion may grant or refuse the request. Any such request for postponing or rescheduling a hearing must be received by the Secretary at least one business day prior to the date of the hearing, excluding Saturdays, Sundays, and holidays. |
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(Effective May 1, 1975) |
| Sec. 29-32b-12. Decisions of the board |
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Decisions of the Board shall be by a majority vote of those present and voting. Decisions shall be communicated in writing to the appellant and the issuing authority within twenty days of rendition, except when the decision is rendered and communicated to the parties at a time when the parties are in the presence of the Board or its Secretary. |
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(Effective May 26, 1989) |
| Sec. 29-32b-13. Mandamus |
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The Board may apply to the Superior Court for a writ of mandamus to enforce its decision if the issuing authority does not comply within ten days of receipt of notice of the decision. |
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(Effective May 1, 1975) |
| Sec. 29-32b-14. Appeal |
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Any person aggrieved by a decision of the Board may appeal such decision in accordance with the provisions of Section 4-183 of the General Statutes, as amended. |
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(Effective May 26, 1989) |
| Sec. 29-32b-15. Declaratory rulings |
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The Board may, in its discretion, issue declaratory rulings as to the applicability of any statutory provision or of any regulation, decision, or order of the Board. Any person may petition the Board for such a ruling. The petition shall be made in writing, shall identify the particular statutory provision, regulation, decision, or order with respect to which such ruling is requested, shall state the name and address of the petitioner, and shall be mailed or delivered as specified in Sec. 29-32b-4 of these Regulations. Any such petition shall be acknowledged by the Board within thirty days after its receipt by the Board and, unless the petition is denied by the Board, a declaratory ruling in the matter shall be issued as expeditiously as circumstances permit. |
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(Effective May 1, 1975) |