General Assembly Substitute Bill No. 6908
January Session, 2015 *_____HB06908APP___043015____*
General Assembly
Substitute Bill No. 6908
January Session, 2015
*_____HB06908APP___043015____*
AN ACT CONCERNING FAIR HEARINGS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 17b-60 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) There is established, within the Department of Social Services, an Office of Administrative Appeals, independent from legal counsel for the Department of Social Services and any other division of the department. The Office of Administrative Appeals shall conduct all administrative appeals from decisions made by the Commissioner of Social Services, or the commissioner's designee, in accordance with chapter 54. The commissioner shall appoint an administrator of the Office of Administrative Appeals and such administrator shall report directly to the commissioner. The commissioner may only remove the administrator for cause.
(b) An aggrieved person authorized by law to request a fair hearing on a decision of the Commissioner of Social Services or the conservator of any such person on [his] such person's behalf may make application for such hearing in writing over [his] such person's signature to the [commissioner] Office of Administrative Appeals and shall state in such application in simple language the reasons [why he claims to be aggrieved] for aggrievement. Such application shall be mailed to the [commissioner within] Office of Administrative Appeals not later than sixty days after the [rendition] date of such decision. The [commissioner] Office of Administrative Appeals shall thereupon hold a fair hearing [within] not later than thirty days from the date of receipt thereof and shall, at least ten days prior to the date of such hearing, mail a notice, giving the time and place thereof, to such aggrieved person, or if the application concerns a denial of or failure to provide emergency housing, the [commissioner] office shall hold a fair hearing [within] not later than four business days from the date of receipt thereof, and shall make all reasonable efforts to provide notice of the time and place of the fair hearing to such aggrieved person at least one business day prior to said hearing. A reasonable period of continuance may be granted for good cause. The aggrieved person shall appear personally at the hearing, unless [his] such person's physical or mental condition precludes appearing in person, and may be represented by an attorney or other authorized representative. [A stenographic or mechanical record shall be made of each hearing, but need not be transcribed except (1) in the event of an appeal from the decision of the hearing officer or (2) if a copy is requested by the aggrieved person, in either of which cases it shall be furnished by the Commissioner of Social Services without charge. The Commissioner of Social Services and any person authorized by him to conduct any hearing under the provisions of this section shall have power to administer oaths and take testimony under oath relative to the matter of the hearing and may subpoena witnesses and require the production of records, papers and documents pertinent to such hearing. No witness under subpoena authorized to be issued by the provisions of this section shall be excused from testifying or from producing records, papers or documents on the ground that such testimony or the production of such records or other documentary evidence would tend to incriminate him, but such evidence or the records or papers so produced shall not be used in any criminal proceeding against him. If any person disobeys such process or, having appeared in obedience thereto, refuses to answer any pertinent question put to him by the commissioner or his authorized agent or to produce any records and papers pursuant thereto, the commissioner or his agent may apply to the superior court for the judicial district of Hartford or for the judicial district wherein the person resides, or to any judge of said court if the same is not in session, setting forth such disobedience to process or refusal to answer, and said court or such judge shall cite such person to appear before said court or such judge to answer such question or to produce such records and papers and, upon his refusal to do so, shall commit such person to a community correctional center until he testifies, but not for a longer period than sixty days. Notwithstanding the serving of the term of such commitment by any person, the commissioner or his agent may proceed with such inquiry and examination as if the witness had not previously been called upon to testify. Officers who serve subpoenas issued by the commissioner or under his authority and witnesses attending hearings conducted by him hereunder shall receive like fees and compensation as officers and witnesses in the courts of this state to be paid on vouchers of the commissioner on order of the Comptroller.]
(c) If the Office of Administrative Appeals plans to conduct a hearing via remote computer access, the office shall provide written notification to any person requesting such hearing of (1) the right to have an in-person hearing if there is a specific need for such hearing, and (2) the need to request such in-person hearing.
(d) The hearing officers and the administrator of the Office of Administrative Appeals shall have power to administer oaths and take testimony under oath relative to the matter of the hearing and may subpoena witnesses and require the production of records, papers and documents pertinent to such hearing. No witness under subpoena authorized to be issued by the provisions of this section shall be excused from testifying or from producing records, papers or documents on the ground that such testimony or the production of such records or other documentary evidence would tend to incriminate such witness, but such evidence or the records or papers so produced shall not be used in any criminal proceeding against such witness.
(e) If any person refuses to comply with the provisions of subsection (d) of this section or, having appeared in obedience thereto, refuses to answer any pertinent question put to such person by the Office of Administrative Appeals or produce any records or papers pursuant thereto, the Office of Administrative Appeals may apply to the superior court for the judicial district of Hartford or for the judicial district wherein the person resides, or to any judge of such court if the court is not in session, setting forth such disobedience to process or refusal to answer. Such court or judge shall order such person to appear to answer such question or to produce such records and papers. If such person refuses the order, such court or judge shall commit such person to a community correctional center until such person testifies, but not for more than sixty days.
(f) Notwithstanding any term of commitment served pursuant to subsection (e) of this section, the Office of Administrative Appeals may proceed with the inquiry and examination as if the witness had not previously been called upon to testify. Officers who serve subpoenas issued by the Office of Administrative Appeals and witnesses attending hearings conducted by said office shall receive like fees and compensation as officers and witnesses in the courts of this state to be paid on vouchers of said office on order of the Comptroller.
(g) A stenographic or mechanical record shall be made of each hearing, but need not be transcribed except (1) in the event of an appeal from the decision of the hearing officer, or (2) if a copy of the transcript is requested by the aggrieved person, in either of which cases the transcript shall be furnished by the Office of Administrative Appeals without charge.
Sec. 2. Section 17b-61 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) Not later than sixty days after such hearing, or three business days if the hearing concerns a denial of or failure to provide emergency housing, the [commissioner or his designated hearing officer] Office of Administrative Appeals shall render a final decision based upon all the evidence introduced before [him] the office and applying all pertinent provisions of law, regulations and departmental policy, and such final decision shall supersede the decision made without a hearing, provided final definitive administrative action shall be taken by the [commissioner or his designee] office within ninety days after the request of such hearing pursuant to section 17b-60, as amended by this act. Notice of such final decision shall be given to the aggrieved person by mailing [him] such person a copy thereof within one business day of [its rendition] the date of decision. Such decision after hearing shall be final except as provided in subsections (b) and (c) of this section.
(b) The applicant for such hearing, if aggrieved, may appeal therefrom in accordance with section 4-183. Appeals from decisions of [said commissioner] the Office of Administrative Appeals shall be privileged cases to be heard by the court as soon after the return day as shall be practicable.
(c) The [commissioner] Office of Administrative Appeals may, for good cause shown by an aggrieved person, extend the time for filing an appeal to Superior Court beyond the time limitations of section 4-183, as set forth below:
(1) Any aggrieved person who is authorized to appeal a decision of the [commissioner] Office of Administrative Appeals, pursuant to subsection (b) of this section, but who fails to serve or file a timely appeal to the Superior Court pursuant to section 4-183, may, as provided in this subsection, petition that the [commissioner] office, for good cause shown, extend the time for filing any such appeal. Such a petition must be filed with the [commissioner] office in writing and contain a complete and detailed explanation of the reasons that precluded the petitioner from serving or filing an appeal within the statutory time period. Such petition must also be accompanied by all available documentary evidence that supports or corroborates the reasons advanced for the extension request. In no event shall a petition for extension be considered or approved if filed later than ninety days after the [rendition] date of the final decision. The decision as to whether to grant an extension shall be made consistent with the provisions of subdivision (2) of this subsection and shall be final and not subject to judicial review.
(2) In determining whether to grant a good cause extension, as provided for in this subsection, the [commissioner, or his authorized designee,] Office of Administrative Appeals shall, without the necessity of further hearing, review and, as necessary, verify the reasons advanced by the petition in justification of the extension request. A determination that good cause prevented the filing of a timely appeal shall be issued in writing and shall enable the petitioner to serve and file an appeal within the time provisions of section 4-183, from the date of the decision granting an extension. The circumstances that precluded the petitioner from filing a timely appeal, and which may be deemed good cause for purposes of granting an extension petition, include, but are not limited to: (A) Serious illness or incapacity of the petitioner which has been documented as materially affecting the conduct of personal affairs; (B) a death or serious illness in the petitioner's immediate family that has been documented as precluding the petitioner from perfecting a timely appeal; (C) incorrect or misleading information given to the petitioner by the agency, relating to the appeal time period, and shown to have been materially relied on by the petitioner as the basis for failure to file a timely appeal; (D) evidence that the petitioner did not receive notice of the agency decision; and (E) other unforeseen and unavoidable circumstances of an exceptional nature which prevented the filing of a timely appeal.
This act shall take effect as follows and shall amend the following sections:
Section 1 July 1, 2015 17b-60
Sec. 2 July 1, 2015 17b-61
This act shall take effect as follows and shall amend the following sections:
Section 1
July 1, 2015
17b-60
Sec. 2
July 1, 2015
17b-61
HS Joint Favorable Subst.
APP Joint Favorable
HS
Joint Favorable Subst.
APP
Joint Favorable