Conn. Agencies Regs. § 10-4b-9 - Board Inquiry

(a) Commissioner as party. Upon ordering an inquiry pursuant to Section 10-4b-8 of these regulations, the Commissioner, if the Board is not already a party, shall be admitted to the proceedings as a party for the purpose of representing the educational interests of the state at the Board inquiry, provided that the Commissioner shall be limited for this purpose to presenting evidence or arguments relating to the allegations of the complaint or amended complaint.

(b) Local governmental body as party. Upon ordering an inquiry pursuant to Section 10-4b-8 of these regulations, if the findings indicate that a local governmental body or its agent may be responsible for the failure or inability of a board of education, the local governmental body shall be named as a respondent for purposes of the Board inquiry.

(c) Time and place for inquiry; notice. The Board shall set a time and place for the inquiry and give reasonable notice to the parties.

(d) Hearing panel. The chairperson of the Board may designate a subcommittee of three members of the Board to serve as a hearing panel.

(e) Amended complaint; response. Any complaint may be amended to include additional information relating to the allegations therein with the permission of the Board or hearing panel. The respondent shall have the right to file a response to the amended complaint within ten (10) days or within such other time as the Board or said hearing panel may prescribe.

(f) Report of hearing panel. If a hearing panel conducts the inquiry pursuant to Subsection (d) of this section of the regulations, such hearing panel shall complete and submit a report to the Board within ten (10) days following the close of evidence and filing of briefs, if any, in such proceeding. The report of the hearing panel shall include:

(1) its conclusions of law and fact upon which its proposed decision is based; and

(2) its proposed decision.

(g) Form of hearing. The inquiry shall be conducted by the Board or a designated subcommittee in accordance with the Uniform Administrative Procedures Act, Section 4-177 through 4-184, inclusive, of the General Statutes, provided the inquiry shall be completed within thirty (30) days following the order of an inquiry, and provided further that the Board shall render a final decision in accordance with the time limit specified in Subsection (h) of this section of the regulations.

(h) Final decision. The Board shall render a final decision in accordance with the provisions of Section 4-179 and Section 4-180 of the General Statutes, provided such decision shall be rendered

(1) no later than twenty-five (25) days following the submission of a report by the hearing panel if a hearing panel conducts the inquiry or

(2) at the next regularly scheduled Board meeting following the close of evidence and filing of briefs if the Board conducts the inquiry, provided that the Board may postpone said action until no later than the second regularly scheduled meeting following the close of evidence and filing of briefs if said inquiry was not completed and/or briefs filed on or before the eighth (8th) day prior to the first such regularly scheduled Board meeting.

Notes

Conn. Agencies Regs. § 10-4b-9

Effective April 7, 1980