Definitions

As used in the Rules of Practice, the following definitions shall apply to sections 27-102l(d)-50 to 27-102l(d)-79, inclusive, of the Regulations of Connecticut State Agencies: apply unless otherwise required by statute or regulation: (1) "Agency" means the Department of Veterans' Affairs. (2) "Applicant" means a person seeking assistance from the department including admission to the Home or other program offered to eligible veterans and who has not been granted admission based on a pending application. (3) "Commissioner" means the Commissioner of Veterans' Affairs or his designee. (4) "Complaint" means a statement of charges issued by the Department of Veterans' Affairs against a resident or program participant or a person with whom the department may have contact. (5) "Contested case" means a contested case as defined in subdivision (2) of Section 4-166 of the Connecticut General Statues. (6) "Department" means the Connecticut Department of Veterans' Affairs. (7) "Desk review" means a person not involved in the investigation or action of the agency performs the following tasks: (A) Reviews of written documents that agency staff prepared describing the facts known to them and the actions taken by the agency, (B) Reviews any documents prepared and submitted to the agency by a party who is or may be affected by the agency action, (C) Determines compliance with departmental regulations and policies, and (D) Renders a written decision either affirming the action taken or reserving the decision under review. (8) "Final agency decision" means: (A) A verbal or written agency decision made by the Commissioner following a grant of an appeal by a veteran from a decision made by staff other than the Commissioner, (B) An agency decision by staff, other than the Commissioner, from which the veteran seeks no further review, (C) A written agency decision in a contested case which is not subject to appeal to the Commissioner or to review by the Commissioner, (D) A declaratory ruling issued by the agency, or (E) An agency decision made after a reconsideration by the Commissioner. (9) "Final decision maker" is the Commissioner or his designee. (10) "Informal Conference" means a meeting to ensure compliance with departmental regulations, policies or practices by residents, program participants, staff, visitors and other persons with whom the agency may come into contact and to provide appropriate due process when the opportunity for a hearing is not required by law. (11) "Hearing" means: (A) A proceeding in a contested case, (B) A proceeding that is not a contested case and that the Commissioner, at the Commissioner's discretion, has granted, or (C) A proceeding resulting from a request for a declaratory ruling. (12) "Home" means the Veterans' Home maintained by the state on its property or in leased units, including group living arrangements, transitional and supportive living, and convalescent and respite care in its facility in Rocky Hill. (13) "Health Care Facility" means the portion of the Home, as defined in subdivision (12) of this subsection, which provides in-patient and out-patient medical care for veterans in other residential programs at the Department's facility in Rocky Hill, unless otherwise specified. (14) "Patient" means a veteran admitted to the Home. (15) "Person" means a veteran applying for or receiving services or benefits from the Department. (16) "Petition" means: (A) a claim or assertion of a wrongdoing alleged by an applicant, resident or program participant or any other party with whom the agency has direct or indirect contact, (B) a request for an action by an applicant, program participant or veteran, and (C) a request for a declaratory ruling. (17) "Petitioner" means the party requesting the Commissioner to hold a hearing or informal conference on an agency action or proposed agency action or declaratory ruling. (18) "Presiding officer" means the Commissioner or any person designated by the Commissioner as a hearing officer in a hearing or to manage an informal conference. (19) "Program participant" means a person: (A) Who is technically eligible, (B) Who has been found eligible for a program offered by the department, including while in residence in the Home, (C) Who accepted the admission to a program on terms as offered by the department, and (D) Who has not been discharged since his most recent admission. (20) "Proposed agency action" means either an action in a contested case or an action subject to an appeal to the Commissioner. (21) "Representative" means an informal or formal agent of the petitioner or respondent, including a spouse, an adult child, an attorney, a conservator and any other party authorized by a program participant or a court of competent jurisdiction to act on behalf of a party and who has informed the agency of such designation, or anyone provided by the Commissioner. (22) "Resident" means a person: (A) Admitted to the Home, (B) Who has physically taken up residence at the facility, and (C) Who has not been discharged since his most recent admission. (23) "Respondent" means: (A) A person against whom the department issued a complaint which asserts a violation of a statute or regulation properly coming under the jurisdiction of the Commissioner, and (B) The department when in receipt of a petition.