Conn. Agencies Regs. § 17a-247e-8 - Hearing responsibilities and procedures

(a) Within forty-five (45) days following notification by an employer, during which the department will verify necessary information, including the substantiation of abuse or neglect, the department shall notify the employee by certified mail that his name has been submitted by his former employer for placement on the registry following a termination or separation from employment for substantiated abuse or neglect and that a hearing will be convened to determine whether the employee's name should be placed on the registry.

(b) Such notification shall include the date, time and location of the hearing specifying the allegation(s) of abuse or neglect substantiated by the authorized agency. Not less than two weeks prior to the hearing, the department shall make available to the employee, for review, inspection and copying, the investigation report, all documents included in the investigation file maintained by the employer or authorized agency, including but not limited to any statements by witnesses and interviews, except as otherwise protected by law from disclosure, any report or statement prepared in accordance with subsection (f), subdivision (3) of Section 17a-247e-2 of the Regulations of Connecticut State Agencies, and the contents of the administrative record maintained in accordance with Section 4-177 of the Connecticut General Statutes. Except for disclosure necessary for the identification of witnesses, personally identifying information about department clients, including client records, shall not be disclosed, except upon a determination by the hearing officer, balancing relevant interests, that such disclosure is necessary to the fair conduct of the hearing. Nothing in this section alters the rights of the parties to access to relevant documents in accordance with the Uniform Administrative Procedures Act, nor is any party prohibited from requesting that the hearing officer conduct an in camera review of any relevant document to resolve any issue concerning the privacy, confidentiality, or privileged status of the information contained herein.

(c) Hearing officers for the conduct of hearings concerning the placement of an employee's name on the registry shall be appointed by the commissioner. Hearing officers shall not be employees of the department.

(d) The hearing shall be conducted in accordance with Sections 4-177 to 4-181a, inclusive, of the Connecticut General Statutes. The hearing officer shall consider all relevant evidence within the scope of the hearing, except when properly excluded in accordance with Section 4-178 of the Connecticut General Statutes. The scope of any hearing convened pursuant to Sections 17a-247e-1 to 17a-247e-9, inclusive, of the Regulations of Connecticut State Agencies shall be limited to the following issues for which the department bears the burden of proof:

(1) whether the individual is or was an employee, as defined in Section 17a-247a of the Connecticut General Statutes;

(2) whether the individual was employed by an employer as defined in Section 17a-247a of the Connecticut General Statutes;

(3) whether the individual was terminated or separated from employment due to allegations of abuse or neglect as defined by Section 17a-247a of the Connecticut General Statutes, and Section 17a-247e-1 of the Regulations of Connecticut State Agencies;

(4) whether the allegations of abuse or neglect were substantiated by an authorized agency in accordance with the procedures set forth in Section 17a-247e-2 of the Regulations of Connecticut State Agencies; and

(5) whether the allegations of abuse or neglect, as defined in Section 17a-247a of the Connecticut General Statutes, that were substantiated are supported by a preponderance of evidence.

(e) Within ten (10) business days following the conclusion of the hearing, the hearing officer shall issue a proposed decision to the parties and the commissioner. The hearing officer may have a ten (10) day extension, upon approval of the commissioner, to issue a proposed decision.

(f) The parties shall have ten (10) business days following receipt of the proposed decision to submit written comments to the commissioner in support of or opposition to the proposed decision. Upon request and for good cause shown, the commissioner shall extend this time period for an additional period of time not to exceed thirty days.

(g) The commissioner shall issue a final decision, following the comment period established by subsection (f) of this section, to the parties and to the employer which provided notification to the department pursuant to Section 17a-247e-5 of the Regulations of Connecticut State Agencies. A party, other than the department, which is aggrieved by the final decision may appeal in accordance with the Uniform Administrative Procedures Act, Chapter 54, of the Connecticut General Statutes.

(h) If the final decision concludes that the employee was terminated or separated from employment for substantiated abuse or neglect, the name, address and social security number of such employee, along with other information set forth in Sections 17a-247e-1 to 17a-247e-9, inclusive, of the Regulations of Connecticut State Agencies, shall be added to the registry.

Notes

Conn. Agencies Regs. § 17a-247e-8

Adopted effective December 7, 1999; Amended December 10, 2002