Conn. Agencies Regs. § 17-311-27 - Designation of parties
(a) In issuing the
notice of hearing, the commissioner will designate as parties any persons known
to the commissioner whose legal rights, duties, or privileges are being
determined in the contested case and any person whose participation as a party
is then deemed by the commissioner to be necessary to the proper disposition of
such proceeding subject to such person complying with 4-177a G.S.
(b) Subsequent to the issuance of the notice
of hearing, no other person before the commissioner other than the petitioner
and, in self-pay rate hearings, the self-pay patients affected by the self-pay
rate determination at issue shall have standing as a party within the
definition of 4-166 (8) G.S. except upon the express order of the
commissioner.
(c) The commissioner
will designate all self-pay patients or, in the case of incompetent self-pay
patients, their guardians or conservators as parties of record, because
self-pay rate hearings involve what rates self-pay patients pay to their
nursing homes.
(d) At the
commencement of a self-pay rate hearing, the nursing home shall submit for the
record a written list of the names and addresses of all of its present and past
self-pay patients and their guardians or conservators who are affected by the
self-pay rate years which are the subject of such hearing. Failure of the
nursing home to submit such written list shall constitute cause for a default
of the facility at the self-pay rate hearing. The commissioner or his
designated hearing officer or presiding officer shall have the discretion not
to default a facility which inadvertently made a minor or technical error in
its list and is willing to correct such minor or technical error if possible.
Notes
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