Section 31-49p-8 - Hearing(a) Hearings may be ordered for such limited purposes as the commissioner may direct pursuant to section 3 l-49p-3 of the Regulations of Connecticut State Agencies and may be limited exclusively to oral argument. Any such hearing shall be conducted by telephone or other electronic means, except that the commissioner may order an in-person hearing.(b) Written notice of a hearing shall be sent to each party's address, and to any attorney of record for such party, not less than fifteen (15) calendar days prior to the date of the hearing, except that the parties may agree to a shorter notice period. A hearing may be rescheduled at the initiative of the commissioner or upon the request of a party or the party's attorney, provided there is good cause for such request. Such a request need not be in writing but shall be promptly made as far as possible in advance of the hearing and shall describe the good cause alleged for the request.(c) Subject to the commissioner's right to determine the scope of any hearing ordered and to control the admission of testimony and evidence, it is the responsibility of each party to present all witnesses, testimony, evidence, and argument that are material to such party's contentions concerning the appeal. The commissioner may order the parties to provide, in advance of any hearing, a list of any witnesses that the party intends to produce at such hearing and a copy of any documentary evidence that the party intends to submit at such hearing. The commissioner may refuse to provide a subsequent hearing for purposes of presenting testimony, evidence or oral argument not presented at a hearing ordered by the commissioner, if the commissioner determines that, through the exercise of due diligence by the party involved, such testimony, evidence or argument could have been presented at such hearing ordered by the commissioner and there was no good cause for such party's failure to do so.(d) The commissioner shall prepare or arrange to have prepared a recording capable of being transcribed of all proceedings at any hearing.(e) The commissioner shall conduct and control any hearing the commissioner orders. Except as provided in subsection (m) of this section, the commissioner shall not be bound by the ordinary common law or statutory rules of evidence or procedure. Subject to the purposes of the hearing, the commissioner shall make inquiry in such manner, through oral testimony and written and printed records, and take any action consistent with the impartial discharge of duties, as is best calculated to ascertain the relevant facts and the substantive rights of the parties, furnish a fair and expeditious hearing, and render a proper and complete decision. The commissioner may, at any time, examine or cross-examine any party or witness, and compel the attendance of witnesses or the production of documents or such other evidence as the commissioner determines necessary to render a proper and complete decision. The commissioner shall determine the order for presentation of evidence and may exclude testimony and evidence which the commissioner determines to be incompetent, irrelevant, unduly repetitious, or otherwise improper.(f) The commissioner has authority to administer oaths and affirmations. All testimony at any hearing shall be under oath or affirmation. Any interpreter participating in such hearing shall so interpret under the separate oath for interpreters.(g) Individuals with limited English proficiency, or who are deaf or hearing impaired, shall have the right to request an interpreter provided by the Connecticut Labor Department. The commissioner may require the use of an interpreter for any person who cannot adequately speak or understand spoken English and for whom a capable interpreter has not been requested.(h) Any document entered into the record that is written in a language other than English shall be interpreted at the hearing by a competent interpreter or accompanied by a correct English translation with proof satisfactory to the commissioner that such translation is a correct translation of the original document.(i) Any party or witness may request a reasonable accommodation that is necessary to allow that individual to participate in any hearing that may be ordered by the commissioner.(j) The hearing shall be confined to the purposes and issues listed on the notice of hearing issued pursuant to subsection (b) of this section. The hearing may also cover any separate issue concerning the appeal on which the parties are prepared and willing to go forward and on which they expressly waive right to notice of at the hearing.(k) If any party seeks to introduce at such hearing any documentary evidence or material that the appellant or any other party has not, at the time of the hearing, yet received a copy of, the commissioner shall require a specific identification of such documentary evidence or material and an explanation of the alleged importance of such documentary evidence or material to the appeal involved. The commissioner may exclude such documentary evidence or material unless the commissioner determines that such documentary evidence or material is critical to the determination of the appeal. The commissioner may: (1) if practicable, permit such documentary evidence or material to be read into the record, provided such documentary evidence or material shall thereafter be filed with the commissioner and all other parties in accordance with the time limitation that the commissioner may reasonably direct; (2) if the commissioner deems it necessary and appropriate, reschedule the hearing; or(3) take such other action as the commissioner deems appropriate.(l) The commissioner shall not permit improper behavior or tactics that are disruptive to the fair, orderly or effective conduct of the hearing. Any person other than a party who engages in such improper behavior or tactics shall be warned against continuing such behavior or tactics and if such person thereafter persists in such proscribed behavior or tactics the commissioner may expel such person from the hearing. Any party that engages in such improper behavior or tactics shall be warned against continuing such behavior or tactics and if such party thereafter persists in such proscribed behavior or tactics the commissioner may (1) proceed with the hearing under such instructions and conditions as the commissioner deems fair and appropriate; (2) recess or reschedule the hearing; or (3) close the hearing and issue a decision based upon the testimony and evidence received. (m)The commissioner may, sua sponte or upon the request of a party, issue subpoenas to compel the attendance of witnesses at any hearing for the purpose of providing testimony or physical evidence, or both, if the commissioner determines that the issuance of such subpoena is necessary to fairly adjudicate the appeal. Service of such subpoenas shall be made in accordance with Connecticut law and, unless otherwise arranged with the requesting party, the commissioner shall take responsibility for service of each subpoena.Conn. Agencies Regs. § 31-49p-8