Part III—Petitions, grievances, declaratory rulings, judicial review and notices (Repealed)

(a) Petition for oral hearing on regulations 1. The commissioner shall grant an informal oral hearing, pertaining to a substantive regulation, to a governmental subdivision or agency, or to an association having not less than 25 interested persons, if the hearing is requested in writing by not less than 25 persons. The oral hearing must be requested prior to the adoption, amendment or repeal of any substantive regulation. 2. The oral hearing shall afford all interested persons reasonable opportunity to submit data, views or arguments, orally and/or in writing, and the commissioner shall consider fully all written and oral submissions as they pertain to the proposed adoption, amendment or repeal of a substantive regulation. 3. Oral hearings shall be conducted by the commissioner, deputy commissioner, or such other persons as may be designated by the commissioner. 4. Oral hearings shall be informal and shall be held at such time and place as designated by the commissioner, and the time and place will be stated in the written notice of intended action. 5. No regulation may be adopted, amended or repealed by the department until it has been approved by the attorney general and by the standing legislative regulation review committee. The commissioner shall, upon written request of an interested person, issue a concise written statement stating the principal reasons for the action taken on the regulation in question. If, at the oral hearing, considerations were set forth urging the regulation not be adopted, the commissioner shall incorporate into the requested statement, reasons for overruling those considerations. a. The interested person requesting a statement from the commissioner may submit the request in writing, at any time after the informal oral hearing, but not later than 30 calendar days after adoption of the regulations. The interested person shall identify his specific sphere of interest, and shall identify the specific regulation(s) about which he is requesting a statement. b. The commissioner shall respond in writing to the request for statement within 60 working days of the adoption of the regulation in question. (b) Petition for promulgation of regulations: 1. Any interested person may petition the department requesting the promulgation, amendment, or repeal of a regulation. 2. The petition may be submitted in the form of a normal business letter, directed to the commissioner and the petition shall be sent by registered or certified mail, return receipt requested. The petition shall contain a minimum of the following data: a. the specific Connecticut General Statute, to which the requested action(s) pertain(s). b. the nature of the action requested; i.e. promulgation of a new regulation, or the amendment of, or repeal of, an existing regulation. c. the petition shall contain the exact wording of the proposed action. d. the letter of petition must delineate the specific rationale(s) for the requested action. 3. Upon receipt of a petition for promulgation of, amendment of, or repeal of, a regulation, the commissioner may initiate whatever action he deems necessary within his statutory purview, to investigate the circumstances leading up to such request. He may further request whatever further data and materials as he may require, from any source within his statutory purview, in order to make a judgment on the merits of the petition. 4. The commissioner may, within 30 working days of the receipt of the petition, either deny the petition in writing to the petitioner, or he may initiate regulation making proceedings. a. If the commissioner denies the petition, he shall do so in writing to the petitioner, in a letter, stating his reasons for such action. b. If the commissioner concurs with the request, or with any aspect of the request, he may institute whatever action he deems necessary to implement the request. (c) Conduct of contested cases: 1. A hearing in a contested case may be scheduled upon reasonable notice of the time, place and nature of said hearing. The notice shall include the following: (a) legal authority and jurisdiction for the hearing, (b) sections of the statute and uniform regulations involved, and (c) a clear and concise statement of the matters asserted. 2. All parties shall be afforded an opportunity to present evidence and argument. 3. Cases may be settled informally, or by consent, or by default. 4. Contested cases will be conducted in accordance with the requirements of the Uniform Administrative Procedures Act (Chapter 54, Connecticut General Statutes). Procedures set forth in the Connecticut Practice Book, as amended, may be followed but there shall be no obligation upon the department to hold preliminary hearings or proceedings with respect to any matter. 5. Hearings shall be conducted in accordance with the Uniform Procedures Act. (d) Petition for reconsideration of final decision in a contested case: 1. A party aggrieved by a final decision of the department in a contested case may request a re-hearing of said decision, if the request is made within 30 calendar days after date of issuance of the final decision. 2. The petition for re-hearing may be in the form of a normal business letter and shall include a minimum of the following data: (a) the specific agency action which aggrieved the petitioner, (b) the specific manner in which the petitioner alleges to be aggrieved, (c) the specific action, or actions, which the petitioner is requesting the agency to take, to alleviate the grievance, (d) a statement of the social, economic, fiscal and/or other impact on the aggrieved person, if the agency complied with the request of the petitioner, (e) a statement of any new evidence to be introduced by the petitioner for consideration by the commissioner, (f) the petition for re-hearing must be signed by all of the aggrieved principals, or their authorized agents. 3. The commissioner shall either grant or deny a request for re-hearing within 30 calendar days of receipt of the written request. If the commissioner denies the request, he shall so state in writing to the petitioner, along with his reasons for the denial. If the commissioner grants the request for re-hearing he shall issue a notice of hearing in accordance with the regulation on notices. (e) Declaratory ruling. 1. The commissioner may render a declaratory ruling on the validity or applicability of any statutory provision, regulation or order of the department, if the statutory provision or regulation or order, or the threatened application thereof, interferes with or impairs, or threatens to interfere or impair, the legal rights or privileges of a complaining party. 2. Conditions: The commissioner will not render a declaratory ruling upon the complaint of any person: a. unless that person has a legal interest, by reason of danger or loss or uncertainty, under a statutory provision, regulation or order of the department; b. unless there is an actual bona fide and substantial question or issue in dispute, or substantial uncertainty of legal relations which requires settlement between the parties; c. unless all persons having an interest in the subject matter are parties to the request, or have been given reasonable notice thereof. d. where the commissioner shall be of the opinion that the parties should be left to seek redress by some other form of procedure. 3. A person may petition the department to pass on the validity or applicability of any statutory provision or regulation or order of the department which interferes with or impairs, or threatens to interfere with or impair his legal rights or privileges at any time during which the order or regulation is in effect, or threatens to come into effect. 4. The petition for a declaratory ruling shall be in the form of a pleading required in civil trials and shall include at least the following: a. the statutory provision or regulations or orders of the department which are involved. b. facts sufficient to show that the question is not moot, or hypothetical and that the petitioner is a proper party to raise the issue. c. facts necessary for the determination of the question; d. a clear and concise statement of the matters involved; e. a statement of all persons having an interest in the subject matter of the complaint, and a sworn statement that such persons have been given notice of the petition by registered or certified mail, return receipt requested. 5. Within thirty calendar days after the receipt of a petition for a declaratory ruling, the commissioner shall either grant or deny the request a. if the commissioner denies the request, he shall state so in writing to the interested parties along with his reasons for the denial. b. if the commissioner grants the request and if no parties, with an interest in the matter, request an oral hearing thereon, the commissioner may decide the matter on the basis of the written statements of the parties. In this case, the commissioner shall set a date for receipt of written statements from the parties, such date shall not be more than thirty (30) calendar days from the day after the commissioner grants the request. c. If the commissioner grants the request and if any of the interested parties request an oral hearing within two weeks of the granting of the request, the commissioner shall set a date for a hearing of the matter, such hearing is to be held within thirty (30) days of the granting of the request. The commissioner shall issue a written notice of the hearing to all interested parties at least twenty (20) calendar days prior to such hearing. 6. The commissioner shall issue his decision on any petition for a declaratory ruling within thirty (30) days of the receipt of the written statements of interested parties, or within thirty (30) days after the oral hearing on the matter. However, the commissioner may extend the date of his decision for good cause. The commissioner shall notify, either personally or in writing, all parties of record of his decision or order on a petition for a declaratory ruling. A copy of the decision or order shall be supplied to each party upon written request. 7. Conduct of Hearings on a Request for a Declaratory Ruling: a. All parties shall be afforded an opportunity to present evidence and argument. b. A record shall be made of all hearings for a declaratory ruling. This record shall include: 1. All petitions, motions and intermediary rulings. 2. Evidence received or considered. 3. Matters officially noticed. 4. Questions and offers of proof, objections and rulings thereon. 5. Proposed findings and exceptions. 6. Decision, ruling or report of the Commissioner. c. Oral hearings shall be conducted in accordance with the rules of evidence as applied to non-jury civil cases. 1. When necessary to ascertain facts not reasonably susceptible of proof under the rules of evidence for non-jury civil cases, evidence may be admitted at the discretion of the commissioner. 2. The rules of legal privilege shall be in effect. 3. Where not prejudicial to a party, any part of the evidence may be in written form. 4. Documentary evidence may be received in form of copies or excerpts. 5. A party may conduct cross-examination. 6. The commissioner may take administrative notice of technical and scientific facts within the department's specialized knowledge. d. The decision or order of the commissioner shall be in writing or stated in the record and shall include findings of fact and the reasons for his decision. e. Community Affairs personnel assigned to a case shall not communicate with any party in connection with the petition except upon notice to all parties involved. (f) Judicial review of administrative hearing: A person who has exhausted administrative remedies available with the department, and who is aggrieved by a final decision of the commissioner is entitled to judicial review of the decision. Proceedings for judicial review shall be instituted by filing a petition for review in the County wherein the aggrieved person resides, within thirty (30) days after mailing of notice of final decision. Copies of the petition must be served upon the commissioner and upon all parties of record. Filing of the petition is not an automatic stay of execution of the department's decision. Within thirty (30) days after the service of the petition, unless further time is granted by the review court, the department shall transmit to the reviewing court a certified copy of the entire record of the proceeding. The parties may, however, stipulate to a shortened record. The record may contain only such information as the parties may deem necessary, or as may be requested. (g) Notices: The department shall issue a written notice of intended action at least 20 calendar days prior to the adoption, amendment, or repeal of any regulation, to those persons who have requested the department to provide such advance notice. The department will issue a written notice of hearing at least 20 calendar days prior to the start of an oral hearing. The commissioner will notify, in writing, all parties in a contested case, of any scheduled hearing, at least 20 calendar days prior to such hearing. The commissioner will notify, either personally or in writing, all interested parties, of any decision or order in a contested case upon written request. A copy of the decision or order shall be mailed to each party or his attorney of record. Parties may be represented by counsel who have been duly admitted to practice and are currently authorized to practice before the Superior Court of the State of Connecticut.