Section 1-92-31 - Board hearings(a) Within thirty days of a finding of probable cause pursuant to sections 1-82 (a)(2) or 1-93 (a)(2) of the Connecticut General Statutes, the Citizen's Ethics Advisory Board shall initiate a hearing pursuant to sections 1-82(b) and 1-93(b) of the Connecticut General Statutes to determine whether there has been a violation of the Codes of Ethics. The thirty day time period shall not apply if the judge trial referee determines that good cause exists for extending such limitation period.(b) The enforcement division of the Office of State Ethics shall contact the chief court administrator prior to the date of commencement of any board hearing, and request that the chief court administrator designate a judge trial referee who has not taken part in the probable cause determination to preside over the board hearing.(c) The judge trial referee shall rule on all issues concerning the application of the rules of evidence, which rules shall be the same as in judicial proceedings. The judge trial referee shall have no vote in the decision of the board as to whether a violation has occurred. The judge trial referee shall have the same authority as is provided in section 51-35 of the Connecticut General Statutes, over witnesses who refuse to obey a subpoena or to testify with respect to any matter upon which such witness may be lawfully interrogated, and may commit any such witness for contempt for a period of no longer than thirty days. (d) The respondent at the hearing shall have the right to be represented by legal counsel, the right to compel attendance of witnesses and the production of books, documents, records and papers and to examine and cross-examine witnesses. (1) Not later than fifteen days prior to the commencement of any board hearing, the enforcement division shall provide the respondent, and any other party to the proceeding, with copies of all exhibits that it anticipates will be introduced into evidence in the direct presentation of its case. Except as otherwise ordered by the judge trial referee, each exhibit shall be marked by the enforcement division prior to being copied and exchanged.(2) Not later than ten days prior to the commencement of any board hearing, the respondent, and any other party to the proceeding, shall provide the enforcement division with copies of all exhibits that the respondent or party anticipate(s) will be introduced into evidence in the responsive presentation of the respondent's or party's case(s). Except as otherwise ordered by the judge trial referee, each exhibit shall be marked by the respondent, or party where applicable, prior to being copied and exchanged.(3) Not later than five days prior to the commencement of any board hearing, the enforcement division, the respondent, and any other party to the hearing shall each draft and exchange, in writing, a list of the exhibits of which each plans on making objection to their introduction. For each exhibit that is the subject of an anticipated objection, the objector shall identify the exhibit and articulate the reason that he or she believes the evidence should be excluded. All written objections shall be filed with the judge trial referee prior to the commencement of the board hearing, or as otherwise directed by the judge trial referee.(4) Prior to the commencement of any board hearing, the enforcement division, the respondent, and any other party, shall make bona fide attempts to resolve any objections that have been raised to proposed exhibits.(5) If, after bona fide attempts at resolution have failed to resolve an objection, any party may file a motion in limine with the judge trial referee regarding the admission or exclusion of evidence that has been the subject of the objection. Such motion shall be in writing and shall describe the anticipated evidence and the prejudice which may result therefrom. The judge trial referee may grant the relief sought in the motion or such other relief as it may deem appropriate, may deny the motion with or without prejudice to its later renewal, or may reserve decision thereon until a later time in the proceeding.(e) Not later than three days prior to the commencement of any board hearing, the respondent shall provide the enforcement division with a list of the respondent's intended witnesses.(f) The record before the Citizen's Ethics Advisory Board in any hearing conducted pursuant to sections 1-82(b) and 1-93(b) of the Connecticut General Statutes, shall include: (1) all motions, applications, petitions, complaints, responding pleadings, bills of particulars, notices of hearing, and intermediate rulings;(2) the evidence received and considered by the Citizen's Ethics Advisory Board;(3) questions and offers of proof, objections, and the rulings thereon during the hearing; and(4) the official transcript, if any, of the proceedings of the case or, if not transcribed, any recording or stenographic record of the proceeding.(g) The board hearing shall commence upon the presentation of evidence to the board for its consideration. The board hearing shall conclude upon the completion of oral summation arguments by the parties or, if none, upon the beginning of deliberations by the board following the presentation of all evidence.(h) The record before the board shall not include evidence considered and rejected by the judge trial referee prior to the commencement of the board hearing.(i) In no event may new evidence, not admitted into evidence at the board hearing, be submitted to or considered by the board in its deliberations regarding its findings, or the drafting of the memorandum thereafter.Conn. Agencies Regs. § 1-92-31
Effective June 29, 1988; Amended January 2, 2008; Amended June 24, 2009; Amended September 5, 2012; amended 5/11/2023