Administrative Hearing Request Packet - Connecticut

ADMINISTRATIVE HEARING REQUEST PACKET

State of Connecticut

Contested Case Hearing Under the Uniform Administrative Procedure Act

SECTION 1: OVERVIEW AND LEGAL FRAMEWORK

1.1 Purpose of This Packet

This packet provides forms and guidance for requesting a UAPA contested case hearing before a Connecticut state agency after an adverse action, such as a license denial, revocation, suspension, benefit denial, enforcement order, or penalty assessment. Confirm that the UAPA and the agency’s own procedures govern the matter before using the forms. Workers’ compensation ALJ proceedings follow separate Commission procedures; see the warning in Section 2.

1.2 Governing Law

Connecticut administrative hearings in contested cases are governed by the Uniform Administrative Procedure Act (UAPA), Conn. Gen. Stat. Section 4-166 et seq. The UAPA establishes procedures for covered contested cases. An agency-specific statute may supply a different hearing or appeal route.

Key statutory provisions include:

• Section 4-166: Definitions, including "contested case" -- a proceeding in which the legal rights, duties, or privileges of a party are required by statute or regulation to be determined by an agency after an opportunity for hearing or in which a hearing is in fact held.
• Section 4-176e: Agency hearings -- requirements for conducting hearings in contested cases.
• Section 4-177: Notice requirements for contested cases and the record that must be maintained.
• Section 4-177c: Rights of parties in contested cases, including rights to inspect documents, cross-examine, present evidence, and make arguments.
• Section 4-178: Rules of evidence in administrative proceedings.
• Section 4-179: Proposed final decision when required; the contested-case record is listed in Section 4-177(d).
• Section 4-180: Final-decision deadline, form, findings of fact, and conclusions of law.
• Section 4-181: Restrictions on communications by hearing officers and agency members.
• Section 4-181a: Petitions for reconsideration and agency reconsideration or modification of final decisions.
• Section 4-183: Appeal to Superior Court -- 45-day deadline for filing an administrative appeal.

1.3 Decentralized Hearing System

Connecticut does not have a single centralized Office of Administrative Hearings. Each state agency conducts its own contested case hearings through designated hearing officers or presiding officers. Some agencies have internal hearing divisions; others appoint hearing officers for individual cases.

Key aspects of the Connecticut system:

• Agencies handling UAPA contested cases follow the applicable UAPA requirements
• Agencies may adopt additional procedural regulations that supplement the UAPA
• Hearing officers may be agency employees, appointed attorneys, or other qualified individuals
• Some agencies share hearing resources or use inter-agency hearing officers

1.4 Common Connecticut Agencies Conducting Contested Case Hearings

• Connecticut Department of Public Health (DPH)
• Connecticut Insurance Department
• Connecticut Department of Energy and Environmental Protection (DEEP)
• Connecticut Department of Revenue Services (DRS)
• Connecticut Department of Labor (DOL)
• Connecticut Department of Social Services (DSS)
• Connecticut Department of Consumer Protection
• Connecticut Department of Motor Vehicles (DMV)
• Connecticut Commission on Human Rights and Opportunities (CHRO)
• Connecticut State Board of Education
• Connecticut Department of Banking
• Connecticut Department of Housing
• Connecticut Department of Public Health — Health Systems Planning Unit (certificate of need matters)
• Connecticut Siting Council
• Connecticut Liquor Control Commission
• Various professional licensing boards under DPH and DCP

SECTION 2: FILING DEADLINE WARNING

CRITICAL DEADLINE NOTICE

You must file your hearing request within the time period specified in the agency's notice of adverse action. The UAPA does not establish a single uniform deadline for requesting a hearing -- each agency's enabling statute or regulations set the applicable deadline. Failure to file within the deadline may constitute a waiver of your right to a hearing.

Common Connecticut filing deadlines:

Workers’ compensation: An appeal from an ALJ award, decision on a motion, or § 31-299b order goes to the Compensation Review Board under § 31-301(a), generally within 20 days of the relevant entry or decision. Do not use the § 4-183 Superior Court route or the generic UAPA hearing request form for that appeal.

ALWAYS check the agency notice for the specific deadline. When in doubt, file as quickly as possible. Deadlines are strictly enforced.

SECTION 3: HEARING REQUEST COVER LETTER

[__/__/____]

[________________________________]
[________________________________]
[________________________________]
(Agency Name and Hearing Office Address)

RE: Request for Administrative Hearing / Contested Case
Petitioner/Respondent: [________________________________]
Agency Case/Reference No.: [________________________________]
Date of Agency Action: [__/__/____]

Dear [________________________________] (Hearing Officer / Agency Counsel / Commissioner):

Pursuant to the Connecticut Uniform Administrative Procedure Act, Conn. Gen. Stat. Section 4-177 et seq., and applicable agency statutes and regulations, I hereby request a contested case hearing to challenge the agency action described below.

Agency Action Being Challenged: [________________________________]
[________________________________]
[________________________________]

Date Notice Received: [__/__/____]

Filing Deadline: [__/__/____]

This hearing request is timely filed within the applicable deadline. Enclosed please find:

1. Formal Request for Administrative Hearing
2. Copy of the agency notice/decision being challenged
3. Statement of Issues and Grounds for Hearing
4. Supporting documents (if applicable at this stage)
5. Certificate of Service

Please direct all correspondence regarding this matter to:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

☐ A stay of the agency action is requested pending resolution.
☐ A stay is not requested at this time.

Respectfully submitted,

______________________________
[________________________________]
(Printed Name and Title)

SECTION 4: FORMAL REQUEST FOR ADMINISTRATIVE HEARING

BEFORE THE [________________________________]

(Name of Connecticut State Agency)

Agency Case/Docket No.: [____] (leave blank if not yet assigned)

REQUEST FOR CONTESTED CASE HEARING

Pursuant to Conn. Gen. Stat. Section 4-177

I. PETITIONER/RESPONDENT INFORMATION

Attorney Information (if represented):

II. AGENCY INFORMATION

III. AGENCY ACTION BEING CHALLENGED

Type of Agency Action (check all that apply):

☐ Denial of application for [________________________________]
☐ Revocation of [________________________________]
☐ Suspension of [________________________________]
☐ Imposition of fine/civil penalty in the amount of $[________________________________]
☐ Enforcement order requiring [________________________________]
☐ Benefit denial or reduction of [________________________________]
☐ Tax assessment/deficiency in the amount of $[________________________________]
☐ Cease and desist order
☐ Summary suspension or emergency action
☐ Denial of license renewal
☐ Probation or conditions on license
☐ Other: [________________________________]

Brief Description of Agency Action:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

IV. STATUTORY BASIS FOR HEARING RIGHT

Petitioner/Respondent is entitled to a contested case hearing pursuant to:

☐ Conn. Gen. Stat. Section 4-177 (UAPA - Contested Case Hearing)
☐ Conn. Gen. Stat. Section 4-176e (Agency Hearings)
☐ Agency-specific statute: [________________________________]
☐ Agency regulation: [________________________________]
☐ Federal law requirement (specify): [________________________________]
☐ Due process clause, Connecticut Constitution Art. I, Section 10
☐ Due process clause, U.S. Constitution, Fourteenth Amendment
☐ Other: [________________________________]

V. TIMELINESS STATEMENT

The agency action or notice was received on [__/__/____]. The applicable deadline to request a hearing is [____] days after receipt/service, as provided by [________________________________] (cite statute or regulation). The filing deadline is [__/__/____]. This request is being filed on [__/__/____], which is ☐ within / ☐ outside the applicable deadline.

If filed outside the deadline, state grounds for good cause:

[________________________________]
[________________________________]
[________________________________]

VI. GROUNDS FOR CONTESTING THE AGENCY ACTION

Petitioner/Respondent contests the agency action on the following grounds (check all that apply):

☐ The agency's factual findings are not supported by substantial evidence in the record.
Explanation: [________________________________]
[________________________________]

☐ The agency misapplied or misinterpreted the governing statute or regulation.
Cite statute/regulation: [________________________________]
Explanation: [________________________________]
[________________________________]

☐ The agency failed to follow required procedures under the UAPA or agency rules.
Explanation: [________________________________]
[________________________________]

☐ The agency action is arbitrary, unreasonable, or constitutes an abuse of discretion.
Explanation: [________________________________]
[________________________________]

☐ The agency exceeded its constitutional or statutory authority.
Explanation: [________________________________]
[________________________________]

☐ The agency action violates constitutional rights (state or federal).
Explanation: [________________________________]
[________________________________]

☐ The penalty, sanction, or discipline is excessive or disproportionate to the violation.
Explanation: [________________________________]
[________________________________]

☐ The agency action is affected by error of law.
Explanation: [________________________________]
[________________________________]

☐ New evidence exists that was not previously available or considered.
Explanation: [________________________________]
[________________________________]

☐ Other grounds:
[________________________________]
[________________________________]

VII. SPECIFIC RELIEF REQUESTED

☐ Reversal of the agency action in its entirety
☐ Modification of the agency action as follows: [________________________________]
☐ Issuance of the license/permit/benefit that was denied
☐ Reinstatement of the license/permit
☐ Reduction or elimination of the fine/penalty
☐ Rescission of the enforcement order
☐ Remand for further proceedings
☐ Other relief: [________________________________]

VIII. REQUEST FOR DISCOVERY / INSPECTION OF RECORDS

Under Conn. Gen. Stat. Section 4-177c(a), each party and the agency have the right to inspect and copy relevant and material records, papers, and documents not in their possession.

☐ Petitioner/Respondent requests the opportunity to inspect and copy the following:
☐ All records and documents in the agency's file related to this matter
☐ Investigative reports and summaries
☐ Witness statements and declarations
☐ Expert reports or analyses
☐ All documents the agency intends to introduce at hearing
☐ Names and contact information for witnesses the agency intends to call
☐ Other: [________________________________]

Subpoena Requests

☐ Petitioner/Respondent requests subpoenas for:
☐ Attendance of witnesses at the hearing
☐ Production of documents (subpoena duces tecum)
☐ Witness names/documents to be specified: [________________________________]

IX. REQUEST FOR STAY OF AGENCY ACTION

☐ Petitioner/Respondent requests a stay of the agency action pending the outcome of this hearing.

Grounds for Stay:

1. Likelihood of success on the merits:
   [________________________________]
   [________________________________]

2. Irreparable harm absent a stay:
   [________________________________]
   [________________________________]

3. The stay will not substantially harm other parties or the public interest:
   [________________________________]
   [________________________________]

4. The balance of equities favors a stay:
   [________________________________]
   [________________________________]

X. HEARING PREFERENCES

Preferred hearing format:
☐ In-person hearing
☐ Telephonic hearing
☐ Video conference hearing
☐ No preference

Preferred hearing location:
☐ Hartford
☐ New Haven
☐ Bridgeport
☐ Stamford
☐ Other: [________________________________]

Estimated length of hearing: [____] hours / [____] days

Number of witnesses Petitioner expects to call: [____]

Dates of unavailability in the next 120 days:
[________________________________]

Special accommodations needed:
☐ Interpreter (language: [________________________________])
☐ ADA accommodations: [________________________________]
☐ Other: [________________________________]

XI. SIGNATURE AND VERIFICATION

I declare under penalty of false statement (Conn. Gen. Stat. Section 53a-157b) that the information provided in this request is true and correct to the best of my knowledge and belief.

Signature: ______________________________

Printed Name: [________________________________]

Date: [__/__/____]

Attorney Signature (if applicable): ______________________________

Attorney Printed Name: [________________________________]

Connecticut Juris No.: [____]

Date: [__/__/____]

SECTION 5: FILING INSTRUCTIONS

5.1 Where to File

File the hearing request directly with the agency that issued the adverse action. There is no centralized filing office for all agencies.

Agency Name: [________________________________]
Filing Address: [________________________________]
City, State, ZIP: [________________________________]

Note: Always check the notice of adverse action for specific filing instructions. Some agencies have designated hearing offices or hearing coordinators.

5.2 Common Agency Filing Addresses

Note: Verify current addresses before filing. Addresses may change.

5.3 Filing Methods

☐ Personal delivery / hand filing
☐ United States Mail
☐ Certified mail, return receipt requested (recommended)
☐ Facsimile (if authorized by agency rules)
☐ Electronic filing (if available through agency portal)
☐ Email (only if specifically authorized by agency rules)

5.4 Filing Fees

Most Connecticut agencies do not charge a filing fee for hearing requests. However, verify with the specific agency.

SECTION 6: DEADLINES AND TIMELINE

6.1 Key Timeline After Filing

6.2 The 90-Day Decision Requirement

Under Conn. Gen. Stat. Section 4-180(a), a final decision in a contested case must be rendered within 90 days after the close of evidence or the due date for briefs, whichever is later. If the agency misses that deadline, a party may apply to the Superior Court for the judicial district of Hartford for an order requiring a decision under § 4-180(b).

6.3 The 45-Day Appeal Deadline

For a qualifying UAPA final decision, § 4-183(c) generally requires a Superior Court appeal within 45 days after the applicable statutory event. A timely reconsideration proceeding can create a later triggering event. Workers’ compensation ALJ appeals instead follow § 31-301(a) and its 20-day Compensation Review Board route.

SECTION 7: DISCOVERY AND EVIDENCE RULES

7.1 Right to Inspect and Copy Records

Under Conn. Gen. Stat. Section 4-177c(a), each party and the agency shall be afforded the opportunity to:

• Inspect and copy relevant and material records, papers, and documents not in the party's possession (except as otherwise provided by federal law or other general statutes)
• This right applies before the hearing and is a critical discovery mechanism in Connecticut administrative proceedings

7.2 Subpoena Power

The hearing officer or agency may issue subpoenas for the attendance of witnesses and the production of documents. To request a subpoena:

☐ File a written request with the hearing officer or agency
☐ Identify the witness or documents sought
☐ State the relevance of the testimony or documents
☐ Allow adequate time for service before the hearing

7.3 Evidence Rules at Hearing

Under Conn. Gen. Stat. Section 4-178:

• Relaxed rules: Any oral or documentary evidence may be received at the hearing
• Exclusion standard: The agency shall, as a matter of policy, provide for the exclusion of irrelevant, immaterial, or unduly repetitious evidence
• Hearsay: Hearsay evidence may be admitted, but agencies typically give it less weight than direct testimony
• Effect of rules of evidence: When objection is made to the admissibility of evidence, the evidence may be received subject to a later ruling by the presiding officer, and the presiding officer shall rule on admissibility
• Documentary evidence: Documents may be received in the form of copies if the original is not readily available
• Official notice: The agency may take official notice of judicially cognizable facts and of generally recognized technical or scientific facts within the agency's specialized knowledge; parties must be notified of matters officially noticed and given an opportunity to contest them

7.4 Rights at Hearing (Conn. Gen. Stat. Section 4-177c)

At the hearing, each party has the right to:

☐ Respond to the agency's case
☐ Cross-examine other parties, intervenors, and witnesses
☐ Present evidence and argument on all issues involved
☐ Request that the hearing officer take official notice of specific facts

7.5 Burden of Proof

• Agency enforcement/discipline: The agency typically bears the burden of proof by a preponderance of the evidence
• License applications: The applicant bears the burden of establishing eligibility
• License revocations involving professional misconduct: The agency bears the burden of proof

SECTION 8: PREHEARING CONFERENCE PROCEDURES

8.1 Purpose and Scheduling

The hearing officer may schedule a prehearing conference to:

• Simplify or clarify issues
• Identify stipulated and contested facts
• Establish a schedule for document exchange and witness lists
• Rule on preliminary motions
• Discuss potential settlement
• Address procedural matters
• Set the hearing date and estimate hearing length

8.2 Prehearing Conference Preparation

☐ Review the agency notice and all relevant documents
☐ Prepare a list of issues for the hearing
☐ Identify all witnesses and prepare a preliminary witness list
☐ Prepare a preliminary exhibit list
☐ Identify facts that can be stipulated
☐ Prepare any pending motions (motions in limine, motions to compel, etc.)
☐ Consider settlement possibilities
☐ Prepare a proposed scheduling order

8.3 Prehearing Motions

Common prehearing motions in Connecticut administrative proceedings:

☐ Motion to dismiss (jurisdictional or procedural defects)
☐ Motion for a more definite statement
☐ Motion in limine (to exclude evidence)
☐ Motion to compel production of documents
☐ Motion for continuance
☐ Motion for change of hearing location
☐ Motion to consolidate or sever proceedings

SECTION 9: HEARING PROCEDURES

9.1 Conduct of the Hearing

Under Conn. Gen. Stat. Sections 4-176e, 4-177, and 4-177c:

• The hearing is conducted by a hearing officer designated by the agency
• All testimony is taken under oath or affirmation
• Parties have the right to be represented by counsel or to appear pro se
• Parties may present evidence, call witnesses, and cross-examine opposing witnesses
• The hearing is recorded and a transcript may be prepared
• Persons not named as parties or intervenors may, in the hearing officer's discretion, be given an opportunity to present oral or written statements (Section 4-177c(b))

9.2 Order of Proceedings

1. Hearing officer opens the proceeding and identifies the parties
2. Preliminary matters (motions, stipulations, procedural issues)
3. Opening statement by the agency
4. Opening statement by the respondent/petitioner
5. Presentation of evidence by the agency (direct examination, exhibits, cross-examination)
6. Presentation of evidence by the respondent/petitioner
7. Rebuttal evidence (if permitted)
8. Closing arguments
9. The hearing officer may request post-hearing briefs

9.3 The Record

Under Conn. Gen. Stat. Section 4-177(d), the record in a contested case must include:

☐ Written notices related to the case
☐ All petitions, pleadings, motions, and intermediate rulings
☐ Evidence received or considered
☐ Questions and offers of proof, objections, and rulings thereon
☐ The official transcript (if any) or the recording/stenographic record
☐ Proposed final decisions and exceptions thereto
☐ The final decision

9.4 Default Proceedings

If a party fails to appear at the hearing without good cause:

• The hearing officer may proceed with the hearing in the party's absence
• The hearing officer may issue a decision based on the available evidence
• The absent party may seek to reopen the proceeding by demonstrating good cause

SECTION 10: POST-HEARING PROCEDURES

10.1 Post-Hearing Briefs

The hearing officer may permit or require post-hearing briefs. If authorized:

☐ File by the deadline established by the hearing officer
☐ Address all issues raised at the hearing
☐ Cite to the record (transcript pages, exhibit numbers)
☐ Include proposed findings of fact and conclusions of law if requested
☐ Serve copies on all parties

10.2 Proposed Decision

Under Conn. Gen. Stat. Section 4-179:

• Unless authorized by law to render the agency’s final decision, a hearing officer who heard the matter must prepare a proposed final decision
• The proposed decision must include findings of fact and conclusions of law
• When a majority of agency decision makers have not heard the matter or read the record, an adverse decision cannot issue until the proposed final decision has been served on the parties and each adversely affected party has an opportunity to file exceptions and present briefs and oral argument (§ 4-179(a))
• The proposed decision is submitted to the agency decision makers for adoption, modification, or rejection, subject to those party rights

10.3 Final Decision

Under Conn. Gen. Stat. Section 4-180(a) and (c):

• The final decision must be rendered within 90 days following the close of evidence or the due date for briefs, whichever is later
• The final decision may be in writing or stated orally on the record; if adverse to a party, it must include the necessary findings of fact and conclusions of law
• Findings of fact must be based exclusively on the evidence in the record and matters officially noticed
• The final decision must be delivered personally or mailed to each party or party's representative by certified mail, return receipt requested
• The decision must include a statement of the party's right to appeal under Section 4-183

10.4 Agency Action on Proposed Decision

If a proposed decision is issued:

• The agency may adopt the proposed decision
• The agency may modify the proposed decision, but must consider the record and may not make findings of fact inconsistent with the record
• If the agency rejects the proposed decision, it must render its own decision based on the record, or remand for further proceedings

SECTION 11: APPEAL RIGHTS AND JUDICIAL REVIEW

11.1 UAPA Appeal to Superior Court (Conn. Gen. Stat. Section 4-183)

This section addresses qualifying UAPA final decisions. A workers’ compensation ALJ award or covered decision is appealed first to the Compensation Review Board under § 31-301(a), not through this form.

• Who may appeal: A person who has exhausted all administrative remedies and who is aggrieved by a final decision
• Where to file: Superior Court for the judicial district of New Britain, or for the judicial district in which the appellant resides or has its principal place of business
• Filing deadline: Within 45 days after the applicable event under § 4-183(c), which may be a later reconsideration event
• Service: A copy of the appeal must be served on the agency and all parties of record

11.2 The 45-Day Deadline Is Jurisdictional

For a qualifying UAPA appeal, the 45-day filing deadline under Section 4-183(c) is mandatory and jurisdictional. Failure to file within 45 days deprives the Superior Court of subject matter jurisdiction. The agency's findings and conclusions become final and binding.

11.3 Standard of Judicial Review

Under Conn. Gen. Stat. Section 4-183(j), the court shall not substitute its judgment for that of the agency as to the weight of evidence on questions of fact. The court may affirm the decision or remand the case for further proceedings. The court shall reverse or modify the decision if substantial rights of the person appealing have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:

☐ In violation of constitutional or statutory provisions
☐ In excess of the statutory authority of the agency
☐ Made upon unlawful procedure
☐ Affected by other error of law
☐ Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record
☐ Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion

11.4 Substantial Evidence Standard

The substantial evidence rule governs judicial review of administrative fact-finding under the UAPA. Substantial evidence is such evidence as a reasonable mind might accept as adequate to support a conclusion. It is more than a mere scintilla but less than a preponderance.

11.5 Exhaustion of Administrative Remedies

Before filing an appeal, you must exhaust all available administrative remedies. This generally means:

• Participating in the agency hearing
• Raising all issues at the hearing that you intend to raise on appeal
• Obtaining a final agency decision
• You are not required to file a motion for reconsideration before appealing, unless required by agency-specific rules

11.6 Stay Pending Appeal

Under Conn. Gen. Stat. § 4-183(f), filing an appeal does not automatically stay enforcement of the agency decision. An application for a stay may be made to the agency, the court, or both; any stay granted is on appropriate terms.

SECTION 12: DOCUMENT CHECKLIST

Filing Documents

☐ Hearing Request Cover Letter completed and signed
☐ Formal Request for Administrative Hearing completed and signed
☐ Statement of Issues / Grounds for Hearing completed
☐ Copy of agency notice/decision being challenged attached
☐ All supporting documents attached as exhibits
☐ Request for Stay of Agency Action (if applicable)
☐ Discovery request / document inspection request (if applicable)
☐ Certificate of Service completed

Filing Verification

☐ Filed within the applicable deadline (per agency notice)
☐ Filed with the correct agency office
☐ Confirmed filing method is accepted
☐ Served copy on all parties (agency counsel, Attorney General if applicable)
☐ Retained complete copy for personal records

Calendar and Deadlines

☐ Calendar the following key dates:
☐ Hearing request filing deadline
☐ Prehearing conference date (when scheduled)
☐ Document exchange deadline
☐ Witness list exchange deadline
☐ Exhibit exchange deadline
☐ Hearing date
☐ Post-hearing brief deadline (if applicable)
☐ Final decision expected (within 90 days after the close of evidence or the brief due date, whichever is later)
☐ Applicable appeal deadline (for a UAPA final decision, generally 45 days after the controlling § 4-183(c) event; for a covered workers’ compensation ALJ decision, 20 days under § 31-301(a))

SECTION 13: CERTIFICATE OF SERVICE

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing Request for Administrative Hearing and all attached documents upon the following party(ies) by the method indicated:

Party Served:

Name: [________________________________]
Title: [________________________________]
Agency: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]

Method of Service:
☐ Personal delivery
☐ Certified mail, return receipt requested (receipt no.: [________________________________])
☐ United States Mail, first class, postage prepaid
☐ Email to: [________________________________]
☐ Facsimile to: [________________________________]

Additional Party Served (if applicable):

Name: [________________________________]
Title/Firm: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]

Method of Service:
☐ Personal delivery
☐ Certified mail, return receipt requested (receipt no.: [________________________________])
☐ United States Mail, first class, postage prepaid
☐ Email to: [________________________________]
☐ Facsimile to: [________________________________]

Signature: ______________________________

Printed Name: [________________________________]

Date: [__/__/____]

SECTION 14: HEARING PREPARATION CHECKLIST

30 Days Before Hearing

☐ Obtain and review the complete agency file and administrative record
☐ Exercise your right to inspect and copy records under Section 4-177c(a)
☐ Identify all witnesses and prepare a comprehensive witness list
☐ Prepare subpoena requests for witnesses who may not attend voluntarily
☐ Request subpoenas duces tecum for documents from third parties
☐ Organize all exhibits chronologically or by subject matter
☐ Exchange witness lists and exhibits per hearing officer's order
☐ Complete all outstanding discovery / document inspection
☐ File any prehearing motions (motions in limine, motions to compel)
☐ Research applicable Connecticut statutes, regulations, and case law
☐ Prepare a prehearing brief or memorandum (if required or permitted)

14 Days Before Hearing

☐ Confirm hearing date, time, and location with the agency
☐ Prepare witnesses for direct and cross-examination
☐ Prepare an opening statement outline
☐ Prepare direct examination questions for each witness
☐ Prepare cross-examination questions for opposing witnesses
☐ Organize exhibits in labeled hearing binders (original plus copies for hearing officer and opposing party)
☐ Confirm technology needs (telephone, video equipment)

7 Days Before Hearing

☐ File final witness and exhibit lists per hearing officer's order
☐ Confirm all witnesses' availability and attendance
☐ Prepare closing argument outline or post-hearing brief outline
☐ Review all prehearing orders and ensure full compliance
☐ Arrange travel and accommodations if hearing is outside your area
☐ Prepare a chronology of events for hearing reference

Day of Hearing

☐ Arrive early at the hearing location
☐ Check in with the hearing officer or agency clerk
☐ Bring all original exhibits and sufficient copies (minimum 3 sets)
☐ Bring copies of relevant statutes, regulations, and rules
☐ Bring notepad and pen for notes during testimony
☐ Ensure all witnesses are present and ready
☐ Dress professionally

SECTION 15: PRACTICE TIPS FOR CONNECTICUT ADMINISTRATIVE HEARINGS

15.1 The 45-Day Appeal Deadline Is Jurisdictional

If § 4-183 governs your final decision, calculate the 45-day filing period from the applicable event listed in § 4-183(c), including a later reconsideration event where applicable. A covered workers’ compensation ALJ decision instead has a 20-day appeal route to the Compensation Review Board under § 31-301(a). Calendar the controlling deadline immediately.

15.2 Inspect and Copy Agency Records

Under Section 4-177c(a), you have the right to inspect and copy relevant records in the agency's possession. Exercise this right promptly -- it is your primary discovery mechanism. Request access in writing and specify the categories of documents you need.

15.3 Each Agency Has Its Own Procedures

Since Connecticut does not have a centralized OAH, each agency may have its own supplemental hearing procedures. Check the agency's regulations and practice guides. Some agencies have detailed hearing regulations while others follow only the UAPA minimum requirements.

15.4 Preserve Issues for Appeal

To preserve an issue for judicial review, you must raise it during the administrative proceeding. Object on the record to evidentiary rulings and procedural issues. The court will review only those issues that were properly raised at the agency level.

15.5 The Final Decision Must Include Findings

Under § 4-180(c), a final decision may be in writing or stated orally on the record. If it is adverse to a party, it must include the findings of fact and conclusions of law necessary to the decision; factual findings must rest on record evidence and officially noticed matters. In an appeal, § 4-183(g) requires the agency to transmit a record that includes separately stated findings and conclusions.

15.6 The 90-Day Decision Deadline

The agency must render a final decision within 90 days after the close of evidence or the due date for briefs, whichever is later. If it misses that deadline, a party may apply to the Superior Court for the judicial district of Hartford for an order requiring a decision under § 4-180(b).

15.7 Settlement Is Encouraged

Many Connecticut agencies encourage settlement of contested cases. Explore settlement options early in the process. A negotiated resolution can save significant time and expense.

15.8 Attorney General Representation

In many contested cases, the Connecticut Attorney General's Office represents the agency. If an Assistant Attorney General has been assigned, direct correspondence about the case to them.

15.9 Hearing Officers Must Be Impartial

Under Section 4-181, hearing officers and agency members deciding contested cases are prohibited from engaging in ex parte communications on the merits of pending cases. If you believe the hearing officer is biased or has engaged in improper communications, raise the issue promptly.

15.10 Intervenor Rights

Under the UAPA, persons who may be affected by a contested case proceeding may petition to intervene. Be aware that intervenors may participate in your hearing, and address their positions in your case preparation.

SECTION 16: KEY CONTACTS AND RESOURCES

SECTION 17: SOURCES AND REFERENCES

• Connecticut Uniform Administrative Procedure Act, Conn. Gen. Stat. Section 4-166 et seq.
• Conn. Gen. Stat. Section 4-177 (Contested Cases - Notice and Record)
• Conn. Gen. Stat. Section 4-177c (Evidence and Arguments)
• Conn. Gen. Stat. Section 4-178 (Evidence)
• Conn. Gen. Stat. Section 4-180 (Decisions)
• Conn. Gen. Stat. Section 4-183 (UAPA appeal to Superior Court)
• Conn. Gen. Stat. Section 31-301(a) (workers’ compensation ALJ appeal to Compensation Review Board)
• Connecticut Bar Association CLE Materials: "Administrative Hearings Under the Connecticut UAPA"
• Connecticut General Assembly Website: https://www.cga.ct.gov/current/pub/chap_054.htm
• Connecticut eRegulations: https://eregulations.ct.gov

This template is provided for informational purposes only and does not constitute legal advice. Administrative hearing procedures vary by agency in Connecticut. Because Connecticut does not have a centralized Office of Administrative Hearings, you must confirm the specific procedures, forms, and deadlines of the agency that issued the adverse action. For qualifying UAPA decisions, calculate the § 4-183(c) deadline from the applicable statutory event. Workers’ compensation ALJ appeals follow § 31-301(a). You must have this template reviewed and customized by a qualified attorney licensed in Connecticut before use.