Conn. Agencies Regs. § 1-92-12

Current through June 15, 2024

Section 1-92-12 - Definitions

The definitions provided by section 4-166 and chapter 10 of the Connecticut General Statutes govern the interpretation and application of these rules. In addition, and except as otherwise required by the context:

(a) "Administrative hearing" means a hearing held pursuant to chapter 54 of the Connecticut General Statutes ("the Uniform Administrative Procedure Act") and includes any hearing held pursuant to section 1-88(b), or section 1-99(b) of the Connecticut General Statutes.

(b) "Board" means the Citizen's Ethics Advisory Board.

(c) "Board hearing" means a hearing of the Citizen's Ethics Advisory Board, pursuant to section 1-82(b) or 1-93(b) of the Connecticut General Statutes, at which the board determines, after a finding of probable cause, whether a violation of the Codes of Ethics has occurred.

(d) "Board member " means a person appointed to serve as a member of the Citizen's Ethics Advisory Board when acting as such.

(e) "Evaluation" means an investigation conducted by the enforcement division prior to the issuance of a complaint.

(f) "Judge trial referee" means any judge trial referee appointed to preside at any hearing.

(g) "Hearing" means that portion of the Office of State Ethics' procedures in the disposition of matters delegated to its jurisdiction by law wherein an opportunity for presentation of evidence or argument occurs, which is preceded by due notice. Hearing means and includes board hearings, probable cause hearings, and administrative hearings.

(h) "Party" means each person named or admitted by the Citizen's Ethics Advisory Board as a party to a case, or properly seeking and entitled as of right to be admitted as a party. Each respondent shall be a party in all cases arising out of a complaint filed against the respondent under chapter 10 of the Connecticut General Statutes.

(i) "Person" includes any individual, partnership, corporation, association, governmental subdivision, group of persons, or public or private organization of any character.

(j) "Complainant" refers to any person that has filed a complaint with the Office of State Ethics.

(k) "Respondent" means any person against whom a complaint has been filed with the Office of State Ethics or issued by the Office of State Ethics.

(l) "Preliminary investigation" means and includes all hearings, depositions, issuance of subpoenas, receipt of oral or documentary evidence, compulsion of attendance of witnesses, administration of oaths, or any other means of gathering evidence conducted by the enforcement division of the Office of State Ethics pursuant to section 1-82(a) or 1-93(a) of the Connecticut General Statutes, following the filing of a valid complaint. The purpose of a preliminary investigation is to gather sufficient evidence for the Office of State Ethics to determine whether, and to what extent, there is probable cause to believe a respondent has violated any provision of chapter 10 of the Connecticut General Statutes, or any provision of these regulations, as alleged in a complaint against the respondent, but does not include a probable cause hearing or a board hearing.

(m) "Probable cause hearing" means a hearing conducted pursuant to section 1-82 (a)(2) or 1-93 (a)(2) of the Connecticut General Statutes, wherein a judge trial referee is charged with determining whether there is probable cause to believe that a violation of the Codes of Ethics has occurred.

(n) "Third party" means any person or entity other than a complainant or respondent, but shall not be deemed to include other state or federal agencies.

(o) "Days" means calendar days, except as otherwise provided by law.

(p) "Petitioner" means any person who submits a request for an advisory opinion, a declaratory ruling, or any affirmative action on the part of the Citizen's Ethics Advisory Board or the Office of State Ethics.

Conn. Agencies Regs. § 1-92-12

Effective November 25, 1983; Amended January 2, 2008; amended 5/11/2023