Connecticut General Statutes 4-179 – Agency proceedings. Proposed final decision
(a) When, in an agency proceeding, a majority of the members of the agency who are to render the final decision have not heard the matter or read the record, the decision, if adverse to a party, shall not be rendered until a proposed final decision is served upon the parties, and an opportunity is afforded to each party adversely affected to file exceptions and present briefs and oral argument to the members of the agency who are to render the final decision.
Terms Used In Connecticut General Statutes 4-179
- Agency: means each state board, commission, department or officer authorized by law to make regulations or to determine contested cases, but does not include either house or any committee of the General Assembly, the courts, the Council on Probate Judicial Conduct, the Governor, Lieutenant Governor or Attorney General, or town or regional boards of education, or automobile dispute settlement panels established pursuant to section 42-181. See Connecticut General Statutes 4-166
- Final decision: means (A) the agency determination in a contested case, (B) a declaratory ruling issued by an agency pursuant to section 4-176, or (C) an agency decision made after reconsideration. See Connecticut General Statutes 4-166
- Hearing officer: means an individual appointed by an agency to conduct a hearing in an agency proceeding. See Connecticut General Statutes 4-166
- Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
- Party: means each person (A) whose legal rights, duties or privileges are required by statute to be determined by an agency proceeding and who is named or admitted as a party, (B) who is required by law to be a party in an agency proceeding, or (C) who is granted status as a party under subsection (a) of section 4-177a. See Connecticut General Statutes 4-166
- Proposed final decision: means a final decision proposed by an agency or a presiding officer under section 4-179. See Connecticut General Statutes 4-166
(b) A proposed final decision made under this section shall be in writing and contain a statement of the reasons for the decision and a finding of facts and conclusion of law on each issue of fact or law necessary to the decision, including the specific provisions of the general statutes or of regulations adopted by the agency upon which the agency bases its findings.
(c) Except when authorized by law to render a final decision for an agency, a hearing officer shall, after hearing a matter, make a proposed final decision.
(d) The parties and the agency conducting the proceeding, by written stipulation, may waive compliance with this section.