(a) In a contested case, each party and the agency conducting the proceeding shall be afforded the opportunity (1) to inspect and copy relevant and material records, papers and documents not in the possession of the party or such agency, except as otherwise provided by federal law or any other provision of the general statutes, and (2) at a hearing, to respond, to cross-examine other parties, intervenors, and witnesses, and to present evidence and argument on all issues involved.
(b) Persons not named as parties or intervenors may, in the discretion of the presiding officer, be given an opportunity to present oral or written statements. The presiding officer may require any such statement to be given under oath or affirmation.
(P.A. 88-317, S. 13, 107; P.A. 89-174, S. 1, 7.)
History: P.A. 88-317 effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A. 89-174 divided Subsec. (a) into Subdivs. and, in Subdiv. (1), added “except as otherwise provided by federal law or any other provision of the general statutes” and amended Subsec. (b) to allow, instead of require, presiding officer to require statements under Subsec. (b) to be given under oath or affirmation and to delete sentence re procedure for presiding officer to follow if he proposes to consider such statements as evidence.
Cited. 223 C. 618; 226 C. 105; 239 C. 32.
Cited. 37 CA 653; judgment reversed, see 238 C. 361.
Cited. 44 CS 21.
Notes of Decisions
Dragan v. Connecticut Med. Examining Bd., 613 A.2d 739 (Conn. 1992).
· cites it 4× “In 1989, the legislature enacted General Statutes § 4-177c, which provides that, in a contested case, “each party .”
Miller v. Dept. of Agric., 145 A.3d 393 (Conn. App. Ct. 2016).
· cites it 2× “See General Statutes § 4-177c. We note that during the proceedings before the hearing officer, the plaintiff objected to the statements of Reed and Jones only due to the fact that neither of them was present.”
Wasfi v. Dep't of Pub. Health, 761 A.2d 257 (Conn. App. Ct. 2000).
· cites it 4× “General Statutes § 4-177c. 4 “Due process of law requires not only that there be due notice of the hearing but that at the hearing the parties involved have a right to produce relevant evidence, and an opportunity to know the facts on which the agency is asked to act, to…”
Hous. Auth. v. Papandrea, 610 A.2d 637 (Conn. 1992).
““(g) If the agency conducts a hearing in a proceeding for a declaratory ruling, the provisions of subsection (b) of section 4-177c, section 4-178 and section 4-179 shall apply to the hearing.”
Direct Energy Servs., LLC v. Pub. Utils. Regulatory Auth., 296 A.3d 795 (Conn. 2023).
· cites it 2× “be due notice of the hearing, and at the hearing no one may be deprived of the right to produce relevant evidence or to cross-examine witnesses produced by his adversary . . . . Put differently, [d]ue process of law requires that the parties involved have an opportunity to know…”
E.K. v. Stamford Bd. of Educ., 557 F. Supp. 2d 272 (D. Conn. 2008).
“§§ 4-177c and 10-233d. As previously discussed, the hearing procedures did not violate the administrative regulations or Connecticut statutory law.”
Off. of Consum. Couns. v. Dep't of Pub. Util. Control, 665 A.2d 921 (Conn. Super. Ct. 1994).
· cites it 5× “Section 4-177c provides in part: “In a contested case, each party and the agency conducting the proceeding shall be afforded the opportunity (1) to inspect and copy relevant and material records, papers and documents not in the possession of the party or such agency, except as…”
Singh v. Dep't of Pub. Health & Addiction Servs., 694 A.2d 806 (Conn. App. Ct. 1997).
““(g) If Hie agency conducts a hearing in a proceeding for a declaratory ruling, the provisions of subsection (b) of section 4-177c, section 4U78 and section 4-179 shall apply to the hearing.”
Connecticut Light & Power Co. v. Pub. Utils. Regulatory Auth., 354 A.3d 664 (Conn. 2026).
· cites it 2× “23 The plaintiff contends that PURA imposed “an arbitrary and ill- conceived” thirty minute response time target without affording the plaintiff an opportunity to present evidence regarding “obvious road safety concerns . . .”
FairwindCT, Inc. v. Connecticut Siting Council, 313 Conn. 669 (2014).
“’’ Section 4-176 (g) provides that ‘‘[i]f the agency conducts a hearing in a proceeding for a declaratory ruling, the provisions of subsection (b) of section 4-177c, section 4-178 and section 4-179 shall apply to the hearing.”
Adoption Servs. of Connecticut, Inc. v. Ragaglia, 178 F. Supp. 2d 139 (D. Conn. 2001).
· cites it 2× “See Conn. Gen.Stat. § 4-177c. The UAPA requires that the agency “proceed with reasonable dispatch” and if it fails to do so, relief may be sought in the Superior Court.”
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