Sec.51-275a-14.3. Hearing and decision by commission

(a) In conducting a hearing, the Commission shall be presided over by the Chairman, or by a member of the Commission designated by the Commission, who shall be referred to in these regulations as the presiding officer.

(b) The presiding officer shall schedule a hearing. Notice of the time, date and place of the hearing will be provided to the employee subject to the disciplinary charges, to his counsel, if any, and to the person or persons who will be presenting the case against the employee. The presiding officer may, in his sole discretion, grant postponements of the hearing at the request of a party. The Commission may grant postponements on its own motion.

(c) Prior to the hearing, the presiding officer may schedule an informal prehearing conference between the parties or their representatives and the presiding officer or other member of the Commission, if requested by both parties or at the direction of the presiding officer. The following issues may be considered at such a prehearing conference:

(1) Simplifying or narrowing issues in dispute, if feasible.

(2) Discussing the scheduling of the hearing and of matters to be considered at the hearing.

(3) Obtaining stipulations as to matters of fact.

(4) Obtaining stipulations as to the authenticity or admissibility of documents.

(d) A prehearing conference need not be recorded, but a written record will be made of any stipulations. Any such written record will be signed by the parties, or their representatives.

(e) In the course of presiding over the hearing, the presiding officer shall:

(1) Regulate the course of the hearing and the conduct of the parties and their counsel therein.

(2) Insure that all testimony is given under oath.

(3) Rule upon offers of proof and questions of the admissibility of evidence, subject to a vote by the Commission, if any member of the Commission asks for a vote immediately subsequent to the ruling.

(4) Consider and rule upon all motions, subject to a vote by the Commission, if any member of the Commission asks for a vote prior to the decision on the motion.

(5) Take any other action necessary to insure the proper conduct of the hearing.

(f) After the hearing is formally called to order, the presiding officer shall enter the charges and the notice of hearing into the record, enter any stipulations into the record, rule upon any pending motions, and any other preliminary matters deemed necessary by the presiding officer, and the hearing shall then proceed in the following order:

(1) Opening argument by the person or persons presenting the case against the employee.

(2) Opening argument on behalf of the employee.

(3) Case in chief against the employee.

(4) Case in chief on behalf of the employee.

(5) Rebuttal or further evidentiary proceedings, in the discretion of the Commission, if the Commission is of the belief that further evidentiary proceedings would provide assistance in fully developing the facts.

(g) No formal rules of evidence shall govern removal proceedings. It is within the discretion to the presiding officer to receive any oral or documentary evidence, but he shall exclude any evidence he deems to be irrelevant, immaterial or unduly repetitious. The presiding officer shall be guided, but not bound by, the rules of evidence as applied in the courts of the State of Connecticut. Documentary evidence may be received in the forms of copies or excerpts. Upon request, parties shall be given an opportunity to compare the copy with the original if the original is readily available, and such comparison will not unduly delay the hearing. All evidence shall be taken in the presence of the Commission. The Commission may request such additional information as it deems necessary to render a decision. In order to enter a document or record into evidence at the hearing, the party must identify the document or record and must allow it to be marked. The party offering the exhibit shall provide eight copies for the Commission and one copy for each party. Other parties will be allowed to inspect the document or record and to state any objections to the proposed exhibit. The presiding officer shall rule on objections except that immediately following a ruling sustaining an objection to the admissability of any document, any member of the Commission may request a vote by the Commission on the objection. If such a request is made, the ruling of the hearing officer sustaining the objection shall stand unless overruled by majority vote of those members present, in which case the Commission shall receive the document into evidence. It is solely the function of the Commission to assess the weight and credibility of the witnesses and evidence. All evidence admitted and the names and addresses of all witnesses shall be made a part of the record of the proceeding.

(h) Following the completion of the presentation of evidence, the Commission will set a deadline for receipt of written argument. The parties should, in addition to anything else they may wish to present in their written argument, address the issue of whether or not there is just cause for removal and the appropriateness of removal as opposed to some lesser penalty. The Commission may set limits on the length of written arguments.

(i) Following the receipt of written argument, oral argument may be scheduled by the Commission at the request of either party or at the direction of the Commission. The person or persons presenting the case against the employee shall open and close the argument, and the Commission may apportion the time allotted to the parties as they see fit. The Commission may set limits on the length of oral argument.

(j) The hearing and the meeting at which oral argument is to be received shall be transcribed. Parties should make their own arrangements with the stenographer for copies of the transcript, if desired.

(k) Following oral argument, or if oral argument is not conducted, following the deadline for presentation of written argument, the Commission shall render a final decision. If the Commission decides that disciplinary action is not warranted, the Commission will inform the parties of that determination. If the Commission decides that removal is warranted, the Commission shall issue a written decision which shall include findings of fact and conclusions of law separately stated, articulating the reasons for the action, findings as to the acts or omissions upon which the recommended action is based, and the effective date of the action.

(l) Where the Commission determines that disciplinary action less than removal is appropriate, the Commission shall issue a final decision imposing the lesser form of discipline.

(m) A copy of the final decision shall be sent by U.S. Mail, postage prepaid, certified mail, return receipt requested, to each party, to the Chief State's Attorney and to the appropriate State's Attorney, if any.

(Effective September 17, 1987)