Section 31-244-8a - Conduct of the fact-finding(a) In the event the Administrator determines that a hearing is necessary as part of the fact-finding process, the Administrator shall control and conduct the hearing informally through examination of the record and direct questioning as the Administrator determines necessary for a proper and complete decision.(b) In the fact-finding process, the Administrator will not be bound by the ordinary common law or statutory rules of evidence or procedure.(c) The issue(s) addressed in the fact-finding process shall be confined to the issue(s) listed on the notice. A fact-finding shall not be conducted regarding any other eligibility issue which is identified by the Administrator during the fact-finding process unless the parties are afforded proper notice of such issue and an opportunity to respond to such issue.(d) An issue stated in terms of a voluntary leaving or a discharge shall generally be construed to be a single issue covering the separation from employment so that the record may be developed on either or both kinds of separation.(e) The Administrator may limit or deny a party's right to cross-examination whenever the Administrator determines that such cross-examination is not producing or would not produce information useful or relevant to adjudication of the claim.(f) The Administrator may limit or exclude from the record statements, documents or other evidence which the Administrator determines to be incompetent, irrelevant, unduly repetitious or otherwise improper.(g) The Administrator shall not permit any individual participating in the fact-finding process to engage in improper behavior or tactics which disrupt the fair, orderly, efficient and effective conduct of the process. The Administrator may, at the Administrator's own discretion, take any action the Administrator deems necessary to prevent or discontinue such behavior or tactics, including termination of the process, if such is deemed necessary by the Administrator. (h) During the fact-finding process, on the Administrator's own motion or on the motion of any interested party, and at the sole discretion of the Administrator, a continuance may be granted for good cause and the record kept open for a specified period of time.(i) The Administrator may develop and utilize any forms or questionnaires deemed necessary for use in the fact-finding process.(j) The Administrator shall take all steps necessary to ensure that any party is afforded appropriate opportunity for rebuttal. However, where an employer's participation is limited to a statement and the employer has not indicated an interest in otherwise participating in the fact-finding process, the Administrator shall attempt to contact the employer where there is a clear conflict between the factual accounts offered by each party and adjudication of the fact(s) in dispute is necessary to disposition of the claim. The claimant shall be informed of the information provided by the employer. The claimant shall be provided an appropriate opportunity for rebuttal of any potentially disqualifying information acquired as a result of such contact, regardless of when such information was provided.(k) The Administrator shall use best efforts to accurately summarize and record in writing the relevant statements of both parties and any witnesses who participated in the fact-flnding and shall further use best efforts to verify that the statement accurately reflects the parties' statements or information presented.(l) Where either party makes a request, the Administrator shall provide within a reasonable time period, a copy of any adjudicative report created by the Administrator during the fact-flnding process.Conn. Agencies Regs. § 31-244-8a
Effective July 1, 1992; Amended October 23, 1996; Amended April 4, 2017); amended 11/5/2020