FOI: Sections 1-21j-8 to 1-21j-10 Hearing officers, Assitance to commission or presiding

Sections 1-21j-8 to 1-21j-10   Hearing officers, Assitance to commission or presiding 
 
 
(a) The commission, by its executive director or his or her designee, may designate a member of the commission or any other person authorized by statute to be a hearing officer for the purpose of conducting any contested case or other proceeding the commission shall conduct under the Freedom of Information Act.
 
(b) By such designation the hearing officer shall be empowered to exercise on behalf of the commission all of the authority to conduct a contested case, hearing, including reopening a hearing, investigation, or other proceeding delegated to the commission under the Freedom of Information Act and chapter 54 of the general statutes.
 
            (1) The hearing officer shall convene and conduct all public hearings required by law within the scope of the commission's designation. No oral testimony or argument shall become a part of the record or form a basis for any finding of the hearing officer unless the hearing officer is present in the place where the hearing is being conducted and personally hears or receives the testimony and argument there offered.
 
            (2) The hearing officer shall administer oaths, examine witnesses, receive oral and written evidence, rule on the admissibility of evidence, rule on the order in which the hearing is conducted and on all other aspects of the hearing on behalf of the commission. Upon conclusion of the hearing, the hearing officer shall submit a proposed final decision to the commission which proposed final decision shall contain the hearing officer's findings of fact, conclusions of law and recommended order.
 
            (3) In the event the hearing officer finds it necessary to subpoena witnesses to compel their attendance or the production of any evidence for examination, the executive director or other commission counsel is authorized to order on behalf of the commission the issuance of such subpoena as is required for the purposes of the hearing, investigation or other proceeding. In the case of failure to comply with the subpoena or to testify with respect to any matter at the hearing, investigation or other proceeding, the hearing officer shall report to the commission the need to seek enforcement of the commission's authority under section 1-21j(d) of the general statutes. Upon the concurrence of a quorum of the commission, the executive director or the managing director shall be empowered to take such actions to enforce the subpoena or to compel testimony as may be provided by law.
 
 
Section 1-21j-9  Assistance to commission or presiding officer
 
The executive director or his or her designee may assign a person to provide technical assistance to the commission or any presiding officer. The person so designated may act as legal and procedural advisor and may perform necessary clerical functions.
 
 
 
Section 1-21j-10  Reserved
 
 




Content Last Modified on 10/19/2011 7:55:30 AM