Sec. 4-157-1. Notice of claims. All notices of claims shall be filed with the clerk and contain the information prescribed in section 4-147 of the General Statutes.
Sec. 4-157-2. Hearings. All hearings shall be conducted in accordance with the procedural rules prescribed in section 4-151 of the General Statutes.
Sec. 4-157-3. Filing of claims.
(a) Claims of less than $750 must be accompanied by a statement concerning insurance coverage and an affidavit or supporting copy of policy which would indicate amount and types of coverage.
(b) The Claims Commissioner shall deny any claim not filed in a timely fashion without the need of filing of special defenses by the attorney general.
Sec. 4-157-4. Amendments. The notice of complaint may be amended as a matter of right within ninety (90) days of the filing of the notice with the Office of the Claims Commissioner except that an extension beyond ninety (90) days may be granted upon request made at the time of the filing of the notice of claim. Such request must set forth the reasons why it is anticipated that an extension of time beyond the ninety (90) days is required.
Sec. 4-157-5. Motions prior to hearing. Prior to the hearing on the merits, appropriate motions, including motions concerning discovery, inspection and disclosure of books, papers, records or documents, may be filed by the claimant or the Attorney General and unless the parties request oral argument or testimony in conjunction with the motion, the Claims Commissioner shall decide the motion upon the written presentation. The claimant and the Attorney General may submit memoranda in support of their respective positions.
Sec. 4-157-6. Pre-hearing conference. Either party may request a pre-hearing conference and such request shall contain the reasons for such request. The commissioner may order a pre-hearing conference and as a result of the conference may issue orders in aid of the proceedings.
Sec. 4-157-7. Requirements for practice before the claims commissioner. All claims against the State of Connecticut are defended by the Office of the Attorney General. A claimant need not be represented by an attorney. No person shall be permitted to represent a claimant except attorneys admitted to practice law before the courts of the State of Connecticut and who are in good standing before those courts. Student interns with the counsel of the claimant or the Attorney General's Office may be permitted to appear before the Claims Commissioner in any hearing or motion before the claims commissioner, but his representation must be accompanied by an attorney duly authorized and qualified.
Sec. 4-157-8. Filing appearances. All attorneys representing clients before the state shall state their name, address, telephone number and juris number. Attorneys shall file their written appearance by filing the superior court appearance form, in use at that time, or facsimilie in the Office of the Claims Commissioner. Any substitute counsel shall file his appearance in the same manner and require of the claimant a statement that he has discharged his prior attorney.
Sec. 4-157-9. Notice of hearing. The notice of hearing shall state the time and place of hearing which shall be not less than fourteen (14) days from the date of the notice. Notice of the hearing shall be given to the claimant and the Attorney General.
Sec. 4-157-10. Powers and duties of the Claims Commissioner. The Claims Commissioner shall have full authority to control the procedure of a hearing; to admit or exclude testimony or other evidence; and to rule upon all motions and objections. He shall make full inquiry into all facts at issue and shall obtain a full and complete of all facts necessary for a fair determination of the issues. The Claims Commissioner may call and examine witnesses, direct the production of papers and documents and introduce the same into the record of the proceedings.
Sec. 4-157-11. Motions and objections at hearings. Motions made during a hearing and objections with respect to the conduct of a hearing, including objections to the introduction of evidence, shall be stated orally and shall, with the ruling of the commissioner, be included in the stenographic report of the hearing.
Sec. 4-157-12. Joinder of proceedings. Two or more proceedings may be heard together by the commissioner in his discretion.
Sec. 4-157-13. Stipulations. Stipulations with regard to matters and issues made with the consent of the commissioner may be introduced in evidence.
Sec. 4-157-14. Rights of parties at hearings. All parties to a hearing may call, examine and cross-examine witnesses and introduce papers, documents and other evidence into the record of the proceedings subject to the ruling of the commissioner.
Sec. 4-157-15. Continuation of hearings. The Commissioner may continue a hearing from day to day or adjourn it to a later date or to a different place by announcement thereof at the hearing or by appropriate notice.
Sec. 4-157-16. Oral arguments and briefs. The Commissioner shall permit the parties to submit oral arguments before him and to file briefs within such time limits as the Commissioner may determine.
Sec. 4-157-17. Evidence in contested claims.
In contested claims:
(a) any oral or documentary evidence may be received, but the Commissioner shall, as a matter of policy, exclude irrelevant, immaterial or unduly repetitious evidence. The Commissioner shall give effect to the rules of privilege recognized by the law. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form;
(b) documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon requests, parties shall be given an opportunity to compare the copy with the original;
(c) a party may conduct cross-examinations required for a full and true disclosure of the facts;
(d) notice may be taken of judicially cognizable facts.
Repealed, April 2, 2001.
Office of the Claims Commissioner
165 Capitol Avenue, Suite 123
Hartford, CT 06106