Conn. Gen. Stat. § 4-177

Current with legislation from the 2024 Regular and Special Sessions.

Section 4-177 - Contested cases. Notice. Record

(a) In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice.

(b) The notice shall be in writing and shall include:

(1) A statement of the time, place, and nature of the hearing;

(2) a statement of the legal authority and jurisdiction under which the hearing is to be held;

(3) a reference to the particular sections of the statutes and regulations involved; and

(4) a short and plain statement of the matters asserted. If the agency or party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement shall be furnished.

(c) Unless precluded by law, a contested case may be resolved by stipulation, agreed settlement, or consent order or by the default of a party.

(d) The record in a contested case shall include:

(1) Written notices related to the case;

(2) all petitions, pleadings, motions and intermediate rulings;

(3) evidence received or considered;

(4) questions and offers of proof, objections and rulings thereon;

(5) the official transcript, if any, of proceedings relating to the case, or, if not transcribed, any recording or stenographic record of the proceedings;

(6) proposed final decisions and exceptions thereto; and

(7) the final decision.

(e) Any recording or stenographic record of the proceedings shall be transcribed on request of any party. The requesting party shall pay the cost of such transcript. Nothing in this section shall relieve an agency of its responsibility under section 4-183 to transcribe the record for an appeal.

Conn. Gen. Stat. § 4-177

(1971, P.A. 854, S. 12; P.A. 73-620, S. 9, 10, 19; P.A. 88-317, S. 12, 107.)

Notice of hearing under Sec. 10-151(b) which did not include two of the charges against the teacher held insufficient; findings of fact must be based on matters "officially noticed" as well as on the evidence. 167 Conn. 368. Cited. 171 Conn. 691; 172 Conn. 263; 173 Conn. 462; 176 Conn. 82; Id., 191; 177 C. 78; 183 C. 128; 186 Conn. 153; 188 C. 90; 191 Conn. 173; 207 Conn. 77; Id., 296; 208 C. 442; 210 Conn. 531; 211 C. 508; 213 Conn. 184; 214 Conn. 726; 215 C. 474; Id., 616; 223 C. 618; 228 Conn. 651; 239 Conn. 32. Cited. 1 CA 1; 4 Conn.App. 117, 121; 9 Conn.App. 622; 33 CA 727; 34 Conn.App. 123; 37 Conn.App. 653; judgment reversed, see 238 Conn. 361. Notification by letter from complainant that requested information has been received, which was the same manner in which complainant initially notified commission of the contested case, constitutes a formal withdrawal of the complaint and therefore terminates commission's jurisdiction over the issue. 103 CA 571. Administrative adjudication of no refund, not contested case. 30 Conn.Supp. 118. Cited. Id., 120; 34 Conn.Supp. 225; 39 Conn.Supp. 99; Id., 462; 41 CS 211; 42 CS 1; Id., 599. Subsec. (b): Subdiv. (4): Notice which failed to include several charges in "matters asserted" was prejudicial violation of Subsec. 167 Conn. 368. Cited. 174 C. 366. Subdiv. (2): Notice of hearing deemed legally sufficient where it cited statutory authorities of jurisdiction and under which violations claimed. 177 C. 515. Cited. 200 Conn. 489; 220 C. 86; 232 C. 57. Cited. 22 Conn.App. 181; 41 CA 866. Cited. 40 CS 226; 43 CS 340.