Connecticut General Statutes 19a-633 – Investigative powers
(a) The executive director, or any agent authorized by such executive director to conduct any inquiry, investigation or hearing under the provisions of this chapter, shall have power to administer oaths and take testimony under oath relative to the matter of inquiry or investigation. At any hearing ordered by the unit, the executive director or such agent having authority by law to issue such process may subpoena witnesses and require the production of records, papers and documents pertinent to such inquiry. If any person disobeys such process or, having appeared in obedience thereto, refuses to answer any pertinent question put to such person by the executive director or such executive director’s authorized agent or to produce any records and papers pursuant thereto, the executive director or such executive director’s agent may apply to the superior court for the judicial district of Hartford or for the judicial district wherein the person resides or wherein the business has been conducted, 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.
Terms Used In Connecticut General Statutes 19a-633
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Certificate of need: means a certificate issued by the unit. See Connecticut General Statutes 19a-630
- Days: means calendar days. See Connecticut General Statutes 19a-630
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Executive director: means the executive director of the Office of Health Strategy. See Connecticut General Statutes 19a-630
- Health care facility: includes any parent company, subsidiary, affiliate or joint venture, or any combination thereof, of any such facility. See Connecticut General Statutes 19a-630
- Office: means the Office of Health Strategy. See Connecticut General Statutes 19a-630
- Person: means any individual, partnership, corporation, limited liability company, association, governmental subdivision, agency or public or private organization of any character, but does not include the agency conducting the proceeding. See Connecticut General Statutes 19a-630
- Statute: A law passed by a legislature.
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Unit: means the Health Systems Planning Unit. See Connecticut General Statutes 19a-630
(b) If the executive director or such agent has received information and has a reasonable belief that any person, health care facility or institution has violated or is violating any provision of this chapter, or any regulation or order of the unit, the executive director or such agent may issue a notice pursuant to this section. The unit shall notify the person, health care facility or institution against whom such order is issued by first class mail or personal service. The notice shall include: (1) A reference to the sections of the general statutes, regulations of Connecticut state agencies or orders alleged or believed to have been violated; (2) a short and plain language statement of the matters asserted or charged; (3) a description of the activity alleged to have violated a statute or regulation identified pursuant to subdivision (1) of this subsection; (4) a statement concerning the right to a hearing of such person, health care facility or institution; and (5) a statement that such person, health care facility or institution may, not later than ten business days after receipt of such notice, make a written request for a hearing on the matters asserted, to be sent to the executive director or such agent.
(c) The person, health care facility or institution to whom such notice is provided pursuant to subsection (b) of this section may, not later than ten business days after receipt of the notice, make written application to the unit to request a hearing to demonstrate that such violation has not occurred, a certificate of need was not required, or each required certificate of need was obtained. A failure to make a timely request for a hearing shall result in the office issuing a cease and desist order. Each hearing held under this subsection shall be conducted as a contested case pursuant to chapter 54.
(d) If the unit finds, by a preponderance of the evidence, following a hearing held under subsection (c) of this section that such person, health care facility or institution has violated or is violating any provision of this chapter, or any regulation or order of the unit, the unit shall issue a cease and desist order to such person, health care facility or institution that shall be considered a final decision subject to appeal to the Superior Court in accordance with section 4-183.
(e) Any cease and desist order issued under this section may be enforced by the Attorney General pursuant to section 19a-642.