Conn. Agencies Regs. § 25-37d-4 - Plenary rulings-public hearing

(a) If, upon receipt of a complete permit application, the Commissioner finds that the proposed action does or may have a significant adverse impact upon the present and future purity and adequacy of the public drinking water supply, and if the Commissioner finds that any proposed conditions or restrictions in use are not or may not be sufficient to maintain the purity and adequacy of the public drinking water supply or be sufficiently enforceable against subsequent owners, lessees and assignees, then the Commissioner shall appoint a professional review team as provided by section 25-37d of the Connecticut General Statutes, and docket the application for a public hearing.

(b) The location of the public hearing shall be at the discretion of the Commissioner.

(c) Notice of the hearing shall be published at least once not more than forty-five (45) days and not fewer than fifteen (15) days before the date set for the hearing in a newspaper having a general circulation in the community where the proposed action is to take place. In addition to notification of the general public through newspaper publication, the Commissioner shall give notice to the applicants, all parties and intervenors, and may notify the chief executive officer of the town or municipality in which the proposed action is to take place of the pendency of the application and such other town, municipalities, state agencies or persons as the Commissioner deems appropriate.

(d) The notice of the public hearing shall include:

(1) a statement of the time, place and nature of the hearing;

(2) a statement of the legal authority and jurisdiction under which the hearing is to be held;

(3) a reference to the particular sections of the statutes and regulations involved;

(4) a short and plain statement of the matters asserted. If the Commissioner or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a general statement of the issues involved. Thereafter upon application a more definite and detailed statement shall be made available at the Commissioner's office.

(e) The Commissioner may authorize a hearing officer to conduct an inquiry and to preside at the public hearing. The Commissioner may by order of the hearing officer require any party or other participant that proposes to offer substantive, technical or expert testimony to prefile such testimony in written form on such date before or during the hearing as the presiding officer shall direct. Such prefiled written testimony shall be received in evidence with the same force and effect as though it were stated orally by the witnesses who have given the evidence, provided that each witness shall be present at the hearing at which the prefiled testimony is offered, shall adopt the written testimony under oath, and shall be made available for cross examination as directed by the hearing officer. Prior to its admission such written testimony shall be subject to objections by parties. The hearing officer may subpoena witnesses and require the production of records, papers and documents to the record of the public hearing.

(f) Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved.

(g) Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default.

(h) The record of the public hearing shall include:

(1) all pleadings, motions and intermediate rulings;

(2) evidence received or considered;

(3) questions and offers of proof, objections and rulings thereon;

(4) any decision, opinion, or report by the officer presiding at the hearing.

(i) Oral proceedings or any part thereof shall be transcribed on request of any party or intervenor. The requesting party or intervenor shall pay accordingly the cost of such transcript or part thereof.

(j) Findings of fact shall be based exclusively on the evidence and on matters officially noticed.

Notes

Conn. Agencies Regs. § 25-37d-4

Effective February 6, 1980; Amended September 6, 2006