Sec.5-201-16. Hearings

(a) Notice of Hearing

(1) Upon receiving an appeal, the Board shall issue a notice of hearing to the parties at least twenty-one calendar days before the hearing containing the following information:

(A) The time and place of the hearing;

(B) The Third Level (secretary) action forming the basis for the appeal;

(C) A citation to sections 5-201 and 5-202 of the Connecticut General Statutes as authority for the proceeding; and

(D) Whether the hearing is to be conducted by the full Board or a three member hearing panel, with the names of the members.

(2) Any party may request a postponement which shall be received at the Office of the Board no later than seven calendar days before the date of the hearing, except that the presiding officer will consider requests filed later than seven calendar days in extraordinary circumstances.

(3) Any panel member who believes that his or her participation in a Board appeal might create a conflict of interest or appearance of impropriety shall immediately notify the Chairperson who shall appoint a replacement member to serve on the panel.

(4) Any party may challenge and seek the disqualification of any panel member by filing such challenge at the office of the Board no later than ten calendar days before the hearing. For good cause shown, the panel or the Chairperson may extend such period. The members of the panel shall vote on the challenge. If the member of the panel is disqualified, the hearing shall be adjourned, the Chairperson shall appoint a replacement member, and a new notice shall be issued.

(5) The Chairperson shall replace any panel member who becomes unable to act on an appeal.

(b) Conduct of Hearing

(1) The Chairperson shall designate a member of the panel as presiding officer who shall be responsible for issuing subpoenas, determining admissibility of documentary and physical evidence, ruling on objections, and administering oaths. A party may appeal an evidentiary ruling of the presiding officer and request a vote of the panel. Such appeal must be made immediately after the ruling of the presiding officer.

(2) Hearings shall be open to the public, except that a panel may conduct a closed hearing upon the request of the employee or quasi-public employee who has taken the appeal to the Board. Appellants are entitled to representation of their own choosing.

(3) The panel shall cause a recording or stenographic record of any appeal to be made. The appellant shall, upon request, be furnished with a transcript of the proceedings produced from the recording or stenographic record, and shall pay the cost of such transcript as established by the Chairperson. In the event a tape recording is made, appellant may obtain a copy of the recording on blank tapes furnished by the appellant.

(4) Each party shall be afforded the opportunity:

(A) To inspect and copy relevant and material papers and documents; and

(B) To respond, to cross-examine, and to present evidence and arguments.

(5) The panel shall not be bound by any formal rules of evidence, and may receive any oral or documentary evidence but shall exclude irrelevant, immaterial or unduly repetitious evidence. Witnesses may be sequestered on the motion of the panel or at the request of any party. The panel has the right to inspect and copy all relevant materials, papers and documents, and examine witnesses.

(6) The panel may conduct on-site inspections of the premises involved in an appeal. The parties shall be afforded the opportunity to be present at such inspection.

(7) The order of presentation at hearings shall be as follows:

(A) Where the state raises issues of timeliness of filing, the state shall go first.

(B) Where the appellant raises issues of timeliness of the state's responses, the appellant shall go first.

(C) On jurisdictional issues, the party raising the issue shall go first.

(D) In cases involving employee discipline, the state shall go first.

(E) In cases other than those involving discipline, the appellant shall go first.

(F) The panel may alter the order of presentation where appropriate.

(8) A hearing may proceed in the absence of any party who has received due notice and who has not obtained a continuance. The appearing party shall present such evidence as is required by the panel to render a decision in the matter.

(9) The panel may require or grant requests for permission for the filing of briefs and reply briefs after the hearing.

(10) At the request of either party for good cause shown, or the panel, the record may be reopened prior to the issuance of the final decision, to receive new evidence or relevant argument.

(11) The chairperson shall designate the rights of any intervenor in the proceedings.

(c) Final Decision of Panel

(1) The panel shall render its final decision on the appeal not later than sixty calendar days after the close of evidence or the last due date for filing of briefs, whichever is later.

(2) The decision shall be based solely on the official record, shall be in writing and shall separately state the panel's findings of fact and conclusions of law necessary to the decision. The decision shall be signed by all panel members indicating concurrence or dissent. Any member may dissent with or without opinion.

(3) The final decision shall be delivered to all parties, or their authorized representatives, personally or by United States mail, certified or registered, postage prepaid, return receipt requested.

(4) Unless the action appealed from was arbitrary or taken without reasonable cause, the appeal shall be denied.

(5) If the appeal is sustained, the panel shall direct appropriate remedial action taking into consideration just and equitable relief to the employee and the best interests and effectiveness of state service. The appointing authority shall take such measures to comply with the remedial action not later than ten calendar days after the issuance date of the decision, unless the appointing authority appeals the decision in accordance with section 4-183 of the Connecticut General Statutes.

(6) A party may file with the Board a petition for reconsideration of the final decision not later than fifteen calendar days after personal delivery or mailing. Such petition must comply with the requirements of, and the Board shall handle such petition as set forth in section 4-181a of the Connecticut General Statutes.

(7) Either the appointing authority or the appellant aggrieved by a final decision of the panel may appeal therefrom in accordance with section 4-183 of the Connecticut General Statutes. Any appellant who prevails in a decision of the Board shall be entitled to recover court costs and reasonable attorney's fees if such decision is appealed by the state and affirmed by the court in such appeal.

(d) Record of Hearing

The following documents shall constitute the record in any appeal:

(1) Written notices;

(2) Petitions, pleadings, notices and rulings;

(3) Evidence received and considered;

(4) Questions and offers of proof, objections and rulings thereon;

(5) The official transcript, or recording or stenographic record of the proceeding; and

(6) The final decision of the panel or Board.

(Effective July 23, 1993; Amended November 12, 2008)