Sec.31-237g-22. Responsibility of party to present testimony and evidence

(a) It is the responsibility of each party to present at the hearing before the Referee all witnesses, testimony, evidence and argument material to such party’s contentions concerning the appeal. Testimony and evidence personally presented at the hearing by individuals with actual personal knowledge of the facts in question is preferred, provided the weight to be afforded such testimony and evidence shall be determined by the Referee with consideration to the circumstances of each appeal. Any party, who, without good cause, fails to present at the hearing all testimony, evidence and oral argument material to such party’s contentions concerning the appeal may be deemed to have assented to the Referee’s decision of the appeal solely on the basis of the credible testimony, evidence and oral argument presented at such hearing and the records already on file. The Appeals Division may refuse to provide, by reopening, remand or otherwise, a further hearing for purposes of presenting testimony, evidence or oral argument not presented at the Referee’s hearing duly scheduled in any case wherein it is determined that, through the exercise of due diligence by the party involved, such testimony, evidence or argument could have been presented at such hearing and there was no good cause for such party’s failure to do so.

(b) Immediately upon receipt of the written notice of a hearing, it shall be the responsibility of each party to:

(1) mail, fax or submit by other authorized means to the Appeals Division office that issued the notice and to each other party all proposed documentary evidence or written materials which such party wishes to introduce during such hearing. Proposed documentary evidence must be submitted in time to ensure receipt of the documents by the Appeals Division at least twenty-four hours prior to the time of the scheduled hearing or such evidence may be excluded pursuant to Section 31-237g-30(k) of the Regulations of Connecticut State Agencies;

(2) pursuant to Section 31-237g-17(a) of the Regulations of Connecticut State Agencies, notify the Appeals Division if it intends to appear in person;

(3) arrange to have all witnesses that such party intends to introduce at such hearing (A) available to participate by telephone or by other electronic means specified by the Appeals Division, or (B) present at the Appeals Division office conducting the hearing, provided that the party notifies the Appeals Division, or (C) present at such location as the Appeals Division directs will be acceptable; and

(4) contact the Appeals Division office which issued the notice if such party is unable to satisfactorily arrange to have that party’s witnesses available to participate pursuant to subsection (3) of this section.

(Effective June 23, 1986; Amended October 27, 1997; Amended June 3, 2021)