DEEP: Requesting a Hearing

Office of Adjudications

Requesting a Hearing
 
Permit Applications
 
When the DEEP makes its initial decision concerning a permit application, it will publish a Notice of Tentative Determination in a local newspaper and on the DEEP website at www.ct.gov/deep/publicnotices.  This Notice will indicate how and when a petition requesting a hearing may be filed with the DEEP.
 
Generally, to compel a hearing, a petition must be signed by at least 25 persons and should identify the application that is the subject of the request (see Notice of Tentative Determination). A petition may also designate a person authorized to engage in discussions regarding an application and, if resolution is reached, withdraw the petition.  Sample Hearing Petition
 
In order to make communication more effective between the DEEP and the petitioners, the petition or cover letter forwarding the petition should identify a contact person for those signing the petition and include that person’s mailing and email addresses. In order to have a request processed, all names and signatures on the petition must be clear and readable; each person signing the petition should also print his or her name and address.
 
The person or organization requesting a hearing is called the Petitioner.  A Petitioner is not considered a party in a proceeding, but may receive notices of and may attend public meetings and hearings. A Petitioner may also become a party by intervening in a proceeding.  Intervening in the Hearing Process
 
Original signed petitions may be scanned and sent electronically to deep.adjudications@ct.gov or may be mailed or delivered to:
DEEP Office of Adjudications
79 Elm Street, 3rd floor
Hartford, CT 06106-5127
All petitions must be received within the timeframe specified in the Notice of Tentative Determination. If submitted electronically, original signed petitions must also be mailed or delivered to the address above within ten days of electronic submittal.
 
For more information, see the Rules of Practice, RCSA §22a-3a-6(i).
 

 
 
Order Enforcement Cases 
 
When the DEEP issues an order to enforce a violation of an environmental statute or regulation, the recipient of that order, called the Respondent, may request a hearing to contest that order.  Section 22a-6(e) of the Connecticut General Statutes provides that a request for hearing must be filed within 30 days from the date the order is mailed by the DEEP, unless the law concerning that violation provides a different deadline. 
 
This request for a hearing, which may be in letter form, must be filed with the Office of Adjudications and specify the findings in the order that are being challenged and any other grounds for contesting the order.  A copy of the order must be included with the request for hearing.   See Rules of Practice, RCSA §22a-3a-6(i)(1).