(a) In a contested case, each party and the agency conducting the proceeding shall be afforded the opportunity (1) to inspect and copy relevant and material records, papers and documents not in the possession of the party or such agency, except as otherwise provided by federal law or any other provision of the general statutes, and (2) at a hearing, to respond, to cross-examine other parties, intervenors, and witnesses, and to present evidence and argument on all issues involved.
(b) Persons not named as parties or intervenors may, in the discretion of the presiding officer, be given an opportunity to present oral or written statements. The presiding officer may require any such statement to be given under oath or affirmation.
(P.A. 88-317, S. 13, 107; P.A. 89-174, S. 1, 7.)
History: P.A. 88-317 effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A. 89-174 divided Subsec. (a) into Subdivs. and, in Subdiv. (1), added “except as otherwise provided by federal law or any other provision of the general statutes” and amended Subsec. (b) to allow, instead of require, presiding officer to require statements under Subsec. (b) to be given under oath or affirmation and to delete sentence re procedure for presiding officer to follow if he proposes to consider such statements as evidence.
Cited. 223 C. 618; 226 C. 105; 239 C. 32.
Cited. 37 CA 653; judgment reversed, see 238 C. 361.
Cited. 44 CS 21.
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.