Bill Text: CT SB00250 | 2014 | General Assembly | Introduced
Bill Title: An Act Concerning Fair Hearings.
Sponsorship: Committee Bill
Status: (Introduced - Dead) 2014-02-28 - Public Hearing 03/04 [SB00250 Detail]
Download: Connecticut-2014-SB00250-Introduced.html
General Assembly |
Raised Bill No. 250 | ||
February Session, 2014 |
LCO No. 1203 | ||
*01203_______HS_* | |||
Referred to Committee on HUMAN SERVICES |
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Introduced by: |
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(HS) |
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AN ACT CONCERNING FAIR HEARINGS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 17b-60 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) An aggrieved person authorized by law to request a fair hearing on a decision of the Commissioner of Social Services or the conservator of any such person on [his] such person's behalf may make application for such hearing in writing over [his] such person's signature to the commissioner and shall state in such application in simple language the reasons [why he claims to be aggrieved] for aggrievement. Such application shall be mailed to the commissioner [within] not later than sixty days after the [rendition] date of such decision. The commissioner shall thereupon hold a fair hearing [within] not later than thirty days from the date of receipt thereof and shall, at least ten days prior to the date of such hearing, mail a notice, giving the time and place thereof, to such aggrieved person, or if the application concerns a denial of or failure to provide emergency housing, the commissioner shall hold a fair hearing [within] not later than four business days from the date of receipt thereof, and shall make all reasonable efforts to provide notice of the time and place of the fair hearing to such aggrieved person at least one business day prior to said hearing. A reasonable period of continuance may be granted for good cause. The aggrieved person shall appear personally at the hearing, unless [his] such person's physical or mental condition precludes appearing in person, and may be represented by an attorney or other authorized representative. [A stenographic or mechanical record shall be made of each hearing, but need not be transcribed except (1) in the event of an appeal from the decision of the hearing officer or (2) if a copy is requested by the aggrieved person, in either of which cases it shall be furnished by the Commissioner of Social Services without charge. The Commissioner of Social Services and any person authorized by him to conduct any hearing under the provisions of this section shall have power to administer oaths and take testimony under oath relative to the matter of the hearing and may subpoena witnesses and require the production of records, papers and documents pertinent to such hearing. No witness under subpoena authorized to be issued by the provisions of this section shall be excused from testifying or from producing records, papers or documents on the ground that such testimony or the production of such records or other documentary evidence would tend to incriminate him, but such evidence or the records or papers so produced shall not be used in any criminal proceeding against him. If any person disobeys such process or, having appeared in obedience thereto, refuses to answer any pertinent question put to him by the commissioner or his authorized agent or to produce any records and papers pursuant thereto, the commissioner or his agent may apply to the superior court for the judicial district of Hartford or for the judicial district wherein the person resides, or to any judge of said court if the same is not in session, setting forth such disobedience to process or refusal to answer, and said court or such judge shall cite such person to appear before said court or such judge to answer such question or to produce such records and papers and, upon his refusal to do so, shall commit such person to a community correctional center until he testifies, but not for a longer period than sixty days. Notwithstanding the serving of the term of such commitment by any person, the commissioner or his agent may proceed with such inquiry and examination as if the witness had not previously been called upon to testify. Officers who serve subpoenas issued by the commissioner or under his authority and witnesses attending hearings conducted by him hereunder shall receive like fees and compensation as officers and witnesses in the courts of this state to be paid on vouchers of the commissioner on order of the Comptroller.]
(b) If the Department of Social Services plans to conduct a hearing via remote computer access, the department shall provide written notification to any person requesting such hearing of (1) the right to have an in-person hearing if there is a specific need for such a hearing, and (2) the need to request such an in-person hearing.
(c) There is established, within the Department of Social Services, an Office of Administrative Appeals, independent from legal counsel for the Department of Social Services and any other division of the department. The Office of Administrative Appeals shall conduct all administrative appeals from decisions made by the Commissioner of Social Services or the commissioner's designee in accordance with chapter 54. The Commissioner of Social Services shall appoint an administrator of the Office of Administrative Appeals and such administrator shall report directly to the commissioner. The commissioner may only remove the administrator for cause.
(d) The Commissioner of Social Services and any person authorized by the commissioner to conduct any hearing under the provisions of this section shall have power to administer oaths and take testimony under oath relative to the matter of the hearing and may subpoena witnesses and require the production of records, papers and documents pertinent to such hearing. No witness under subpoena authorized to be issued by the provisions of this section shall be excused from testifying or from producing records, papers or documents on the ground that such testimony or the production of such records or other documentary evidence would tend to incriminate such witness, but such evidence or the records or papers so produced shall not be used in any criminal proceeding against such witness.
(e) If any person refuses to comply with the provisions of subsection (d) of this section or, having appeared in obedience thereto, refuses to answer any pertinent question put to such person by the commissioner or the commissioner's authorized agent or produce any records and papers pursuant thereto, the commissioner or the commissioner's agent may apply to the superior court for the judicial district of Hartford or for the judicial district wherein the person resides, or to any judge of such court if the court is not in session, setting forth such disobedience to process or refusal to answer. Such court or judge shall order such person to appear to answer such question or to produce such records and papers. If such person refuses the order, such court or judge shall commit such person to a community correctional center until such person testifies, but not for more than sixty days.
(f) Notwithstanding any term of commitment served pursuant to subsection (e) of this section, the commissioner or the commissioner's agent may proceed with the inquiry and examination as if the witness had not previously been called upon to testify. Officers who serve subpoenas issued by the commissioner or under the commissioner's authority and witnesses attending hearings conducted by the commissioner shall receive like fees and compensation as officers and witnesses in the courts of this state to be paid on vouchers of the commissioner on order of the Comptroller.
(g) Notwithstanding the provisions of section 4-181, if the Department of Social Services is conducting a hearing in a contested case and it also has an interest adverse to any party in the proceeding, the hearing officer may not communicate with any other employee of the agency, including its counsel, directly or indirectly, in connection with any issue of fact or law involved in that hearing, without advance notice and opportunity for all parties to participate on the record.
(h) A stenographic or mechanical record shall be made of each hearing, but need not be transcribed except (1) in the event of an appeal from the decision of the hearing officer, or (2) if a copy is requested by the aggrieved person, in either of which cases the transcript shall be furnished by the commissioner without charge.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
July 1, 2014 |
17b-60 |
Statement of Purpose:
To ensure impartial administration of justice in administrative hearings concerning contested decisions by the Department of Social Services.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]