Sec.8-68f-21. Procedures Governing the Hearing

(a) The complainant shall be afforded a fair hearing by written policy of the landlord, which policy shall provide for:

(1) A reasonable opportunity prior to the hearing to examine any documents, records, or regulations directly relevant to the hearing. The complainant shall be allowed to copy any such document at the complainant’s expense. At the hearing, the landlord may not discuss any document not made available to the complainant after a request by the complainant;

(2) The right to be represented by counsel or other person chosen as his or her representative;

(3) The right to a private hearing unless the complainant requests a public hearing;

(4) The right to present evidence and arguments in support of the grievance, to contest evidence presented by the landlord and to confront and cross-examine all witnesses on whose testimony or information the landlord relies; and

(5) A decision based solely and exclusively upon the facts, documents, records, regulations and testimony presented at the hearing.

(b) If the complainant or the landlord fails to appear at a scheduled hearing, the hearing officer or the hearing panel may make a determination to postpone the hearing for a period not to exceed five (5) business days or may make a determination that the non-appearing party has waived the right to a hearing. Both the complainant and the landlord shall be notified of such determination. If a determination has been made that either the complainant or the landlord has waived the right to a hearing, such waiver shall not constitute a waiver of the complainant’s right to contest the landlord’s disposition of the grievance in an appropriate judicial proceeding.

(c) At the hearing, the complainant shall first make a showing of an entitlement to the relief sought and thereafter the landlord shall sustain the burden of justifying the landlord’s action or failure to act against which the grievance is directed.

(d) The hearing shall be conducted informally and oral or documentary evidence pertinent to the facts and issues raised by the complainant may be received without regard to admissibility under the rules of evidence applicable to judicial proceedings. The hearing officer or the hearing panel shall require the landlord, the complainant, counsel and other participants or spectators to conduct themselves in an orderly fashion. Failure to comply with the direction of the hearing officer or the hearing panel to obtain order may result in exclusion from the hearing or a decision adverse to the interests of the disorderly party and granting or denial of the relief sought, as appropriate.

(e) The complainant or the landlord may arrange, in advance and at the expense of the party making the request, for a transcript of the hearing. Any interested party may purchase a copy of such transcript.

(f) Accommodation of persons with disabilities. The landlord shall provide reasonable accommodation for persons with disabilities to participate in the hearing. Reasonable accommodation may include qualified sign language interpreters, readers, accessible locations or attendants. If the tenant is visually impaired, any required notice to the tenant shall be in an accessible format.

(Effective July 11, 2014)