Conn. Gen. Stat. § 4-178

Current with legislation from the 2023 Regular and Special Sessions.

Section 4-178 - Contested cases. Evidence

In contested cases:

(1) Any oral or documentary evidence may be received, but the agency shall, as a matter of policy, provide for the exclusion of irrelevant, immaterial or unduly repetitious evidence;

(2) agencies shall give effect to the rules of privilege recognized by law;

(3) when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form;

(4) documentary evidence may be received in the form of copies or excerpts, if the original is not readily available, and upon request, parties and the agency conducting the proceeding shall be given an opportunity to compare the copy with the original;

(5) a party and such agency may conduct cross-examinations required for a full and true disclosure of the facts;

(6) notice may be taken of judicially cognizable facts and of generally recognized technical or scientific facts within the agency's specialized knowledge;

(7) parties shall be notified in a timely manner of any material noticed, including any agency memoranda or data, and they shall be afforded an opportunity to contest the material so noticed; and

(8) the agency's experience, technical competence, and specialized knowledge may be used in the evaluation of the evidence.

Conn. Gen. Stat. § 4-178

(1971, P.A. 854, S. 13; P.A. 73-620, S. 11, 19; P.A. 88-317, S. 14, 107.)

Evidence concerning charges not included in notice to teacher re hearing under Sec. 10-151(b) is irrelevant. 167 Conn. 368. Having decided to proceed without counsel, plaintiff cannot claim he was prejudiced by admission of evidence to which he did not object. 168 C. 94. Cited. Id., 435; 170 C. 141; 171 Conn. 691; Id., 705; 172 Conn. 263; 173 Conn. 462; 177 Conn. 78; Id., 344; 183 Conn. 128; 186 Conn. 153; 191 Conn. 173; 211 Conn. 508; 215 Conn. 474; Id., 616; 216 C. 627; 218 C. 256; 220 Conn. 86; 223 Conn. 618; 226 Conn. 105; 228 Conn. 651; 231 C. 602; 237 C. 209; 239 Conn. 32. Cited. 1 CA 1; 4 CA 307; Id., 359; 9 Conn.App. 622; 10 CA 90; 22 Conn.App. 181, 189; Id., 193; 24 CA 662; judgment reversed, see 223 Conn. 618; 27 CA 346; 33 Conn.App. 727; 34 Conn.App. 123; 37 Conn.App. 653; judgment reversed, see 238 Conn. 361. Subdiv. (8): Although parties are entitled to notice of any nonrecord facts that will constitute proof in a case, the composition of an administrative board, as well as statute, put plaintiff on notice that the board would use its own expertise when determining whether plaintiff's alleged acts conformed to the standard of care. 60 CA 775. Subdiv. (1): Evidence of how department treated other waste facilities, in the absence of a claim for selective enforcement, was properly excluded as it had no logical tendency to aid the trier in determination of the issues of whether plaintiff misrepresented and omitted pertinent facts to department and failed to comply with requirements of the general permit. 179 CA 127. Subdiv. (4): Notice requirements are to protect parties from surprising and unexpected material or evidence; previous findings of Insurance Commissioner in same matter not prejudicial. 32 CS 257. Cited. 34 Conn.Supp. 225; 36 Conn.Supp. 18; 39 Conn.Supp. 99; Id., 462; 42 Conn.Supp. 1; Id., 413; Id., 602; 44 Conn.Supp. 21. Subdiv. (1): Hearsay evidence may be admitted as long as it is reliable and probative. 47 CS 228.