Conn. Agencies Regs. § 4b-3(f)-3

Current through September 27, 2024
Section 4b-3(f)-3 - Powers and duties of the board
(a) The Board shall conduct a fair and impartial hearing, assure that the relevant facts are fully elicited, adjudicate issues of law and fact, and prevent delay and harassment.
(b) Pursuant to section 4-176e of the Connecticut General Statutes, the Board shall have the authority to appoint one or more persons to serve as a hearing officer in a contested case.
(c) In addition to any other powers provided by law, the Board or its designee shall have the power to:
(1) determine the scope of the hearing;
(2) dispose of motions and requests and make all necessary or appropriate rulings;
(3) administer oaths and affirmations;
(4) subpoena witnesses and evidence, examine witnesses, and control the examination of witnesses;
(5) admit or exclude evidence and rule on objections to evidence;
(6) impose sanctions in accordance with subsection (d) of this section;
(7) consolidate proceedings or portions thereof;
(8) issue final decisions, or as appropriate, proposed final decisions; and
(9) take other measures appropriate to administer this section, expedite proceedings, and maintain order.
(d)Sanctions

If a party or intervenor or the attorney or other representative of a party or intervenor fails to comply with section 4b-3(f) -1 to section 4b-3(f) -10, inclusive governing the conduct of hearings or with a ruling of the Board, the Board may, on motion or on its own initiative, impose the following sanctions: continue or terminate the proceeding, exclude testimony or other evidence, and draw an adverse inference against the non-complying party or intervenor.

(e)Preservation of evidence

The Board may provide by any appropriate means, including the taking of oral testimony by deposition, for the preservation of relevant and material evidence when the Board determines that there is a serious likelihood that such evidence will be unavailable at the time of a hearing.

Conn. Agencies Regs. § 4b-3(f)-3

Adopted effective May 11, 2009