(a) The presiding officer shall grant a person status as a party in a contested case if that officer finds that: (1) Such person has submitted a written petition to the agency and mailed copies to all parties, at least five days before the date of hearing; and (2) the petition states facts that demonstrate that the petitioner's legal rights, duties or privileges shall be specifically affected by the agency's decision in the contested case.
(b) The presiding officer may grant any person status as an intervenor in a contested case if that officer finds that: (1) Such person has submitted a written petition to the agency and mailed copies to all parties, at least five days before the date of hearing; and (2) the petition states facts that demonstrate that the petitioner's participation is in the interests of justice and will not impair the orderly conduct of the proceedings.
(c) The five-day requirement in subsections (a) and (b) of this section may be waived at any time before or after commencement of the hearing by the presiding officer on a showing of good cause.
(d) If a petition is granted pursuant to subsection (b) of this section, the presiding officer may limit the intervenor's participation to designated issues in which the intervenor has a particular interest as demonstrated by the petition and shall define the intervenor's rights to inspect and copy records, physical evidence, papers and documents, to introduce evidence, and to argue and cross-examine on those issues. The presiding officer may further restrict the participation of an intervenor in the proceedings, including the rights to inspect and copy records, to introduce evidence and to cross-examine, so as to promote the orderly conduct of the proceedings.
(P.A. 88-317, S. 20, 107.)
History: P.A. 88-317 effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date.
Cited. 233 C. 486; 234 C. 624; 239 C. 32.
Cited. 30 CA 85; 35 CA 455; 37 CA 653; judgment reversed, see 238 C. 361.
Structure Connecticut General Statutes
Title 4 - Management of State Agencies
Chapter 54 - Uniform Administrative Procedure Act
Section 4-167. - Rules of practice. Public inspection. Enforceability.
Section 4-168a. - Regulations affecting small businesses.
Section 4-168b. - Regulation-making record.
Section 4-168d. - Register of regulatory activity.
Section 4-169. - Approval of regulation by Attorney General.
Section 4-170a. - Review of old regulations.
Section 4-173a. - Posting of implemented policies and procedures online.
Section 4-174. - Petition for regulation.
Section 4-176. - Declaratory rulings. Petitions. Regulations.
Section 4-176e. - Agency hearings.
Section 4-177. - Contested cases. Notice. Record.
Section 4-177a. - Contested cases. Party, intervenor status.
Section 4-177b. - Contested cases. Presiding officer. Subpoenas and production of documents.
Section 4-177c. - Contested cases. Documents. Evidence. Arguments. Statements.
Section 4-178. - Contested cases. Evidence.
Section 4-179. - Agency proceedings. Proposed final decision.
Section 4-180. - Contested cases. Final decision. Application to court upon agency failure.
Section 4-180a. - Indexing of written orders and final decisions.
Section 4-181. - Contested cases. Communications by or to hearing officers and members of an agency.
Section 4-181a. - Contested cases. Reconsideration. Modification.
Section 4-182. - Matters involving licenses.
Section 4-183. - Appeal to Superior Court.
Section 4-184. - Appeal from final judgment of Superior Court.
Section 4-185. - Application of chapter.
Section 4-185a. - Validation of certain actions.