Department of Transportation › 13b-17 Encroachment Permit Regulations

Regulations of Connecticut State AgenciesSec. 13b-17-1. Purpose and applicabilityThese regulations are intended to provide control of Bureau of Highways' right of way on the State highway system for use other than movement of vehicles, loads and pedestrians by others than the Dep…

Regulations of Connecticut State AgenciesSec. 13b-17-10. Obligation of the permittee and the state(1) The issuance of a permit in no way obligates the State to issue any further permit, to continue or extend the permitted work, to relocate the facilities of others encountered dur…

Regulations of Connecticut State AgenciesSec. 13b-17-100a. Procedures governedSections 13b-17-100a through 13b-17-152a, inclusive, of the Regulations of Con-necticut State Agencies govern practice and procedures before the Department of Transportation, in all contested cases and …

Regulations of Connecticut State AgenciesSec. 13b-17-100—13b-17-155. (Repealed) Repealed October 6, 1997.

Regulations of Connecticut State AgenciesSec. 13b-17-101a. DefinitionsAs used in sections 13b-17-100a to 13b-17-152a, inclusive, of the Regulations of Connecticut State Agencies for the purpose of these sections: (1) \"Agency\" means the Department of Transportation.(2) \"Annexed…

Regulations of Connecticut State AgenciesSec. 13b-17-102a. Applicability, purpose and construction(a) Sections 13b-17-100a to 13b-17-152a, inclusive, of the Regulations of Con-necticut State Agencies, shall govern in all agency proceedings except that other substantive regulation…

Regulations of Connecticut State AgenciesSec. 13b-17-103a. Construction and amendmentSections 13b-17-100a through 13b-17-152a, inclusive, of the Regulations of Con-necticut State Agencies shall be so construed by the commissioner so as to secure the just and speedy determination …

Regulations of Connecticut State AgenciesSec. 13b-17-104a. Computation of timeIn computing any period of time prescribed or allowed by sections 13b-17-100a to 13b-17-152a, inclusive, of the Regulations of Connecticut State Agencies, or by an order, ruling, proposed final decision…

Regulations of Connecticut State AgenciesSec. 13b-17-105a. Extension of timeAt the discretion of the commissioner, for good cause shown, any time limit prescribed or allowed by sections 13b-17-100a to 13b-17-152a, inclusive, of the Regulations of Connecticut State Agencies, may b…

Regulations of Connecticut State AgenciesSec. 13b-17-106a. Date of filingThe submission of all notices, correspondence, memoranda, motions, exhibits, briefs, petitions, complaints, applications or any other document shall be deemed to have been filed on the date they are stamped …

Regulations of Connecticut State AgenciesSec. 13b-17-107a. Effect of filing(a) The filing with the agency of any document, or any other filing of any nature whatsoever shall not relieve any person of the obligation to comply with any statute, regulation or order of the commission…

Regulations of Connecticut State AgenciesSec. 13b-17-108a. Acceptance or rejection of filing non-waiver(a) By accepting the filing of any document of any kind, whatsoever, the commissioner shall not have waived any failure to comply with sections 13b-17-100a to 13b-17-152a, inclu…

Regulations of Connecticut State AgenciesSec. 13b-17-109a. ConsolidationProceedings involving related questions of law or fact may be consolidated in the discretion and as directed by the commissioner. (Adopted effective October 6, 1997)

Regulations of Connecticut State AgenciesSec. 13b-17-11. Cost of permit work(1) With the exception of the relocation or removal of public service facilities by direction of the Transportation Commissioner, in the manner provided by the General Statutes, acceptance of a permit by …

Regulations of Connecticut State AgenciesSec. 13b-17-110a. Rules of conduct of parties, intervenors and representatives(a) A party or intervenor may appear in person or by representative. The representative shall be deemed to have appeared as the agent of said party or intervenor…

Regulations of Connecticut State AgenciesSec. 13b-17-111a. Client absenteeismParty or intervenor status shall not be granted to any person, whether represented or not, seeking such status unless the person seeking status is present at the hearing. (Adopted effective October 6, 19…

Regulations of Connecticut State AgenciesSec. 13b-17-112a. Time of commencement of proceedingThe commencement of each proceeding shall differ when considering the following:(1) Contested Case: Upon the date of service of the initial notice of hearing wherein a party's rights, dut…

Regulations of Connecticut State AgenciesSec. 13b-17-113a. RecordThe agency shall maintain the official record of all hearings or proceedings and the record shall be kept in accordance with chapter 54 of the Connecticut General Statutes. (Adopted effective October 6, 1997)

Regulations of Connecticut State AgenciesSec. 13b-17-114a. RecordingAny interested person may, after giving notice to the commissioner at least five (5) days prior to the commencement of a hearing, record any portion of a proceeding subject to the direction of the commissioner. T…

Regulations of Connecticut State AgenciesSec. 13b-17-115a. SanctionsIf a party or intervenor has failed to comply with an order of the presiding officer that such party or intervenor comply with a request for production, the presiding officer may make such order as the ends of ju…

Regulations of Connecticut State AgenciesSec. 13b-17-116a. OfficeThe office of the agency where all correspondence of any nature shall be filed, including service upon the commissioner, and where all official business and all hearings shall be conducted, unless otherwise notified…

Regulations of Connecticut State AgenciesSec. 13b-17-117a. Service of process(a) General rule. Service of all documents and other papers filed in all hearings and proceedings, including but not limited to motions, petitions, applications, notices, briefs, and exhibits shall be by…

Regulations of Connecticut State AgenciesSec. 13b-17-118a. Formal requirements as to documents and other papers filed in hearings and proceedings(a) Copies.Except for routine correspondence and inquiries by the public, and as may be otherwise required by sections 13b-17-100a to 1…

Regulations of Connecticut State AgenciesSec. 13b-17-119a. Electronic filingNo document submitted to the agency, pursuant to an order, may be electronically filed without the commissioner's prior consent. (Adopted effective October 6, 1997)

Regulations of Connecticut State AgenciesSec. 13b-17-12. Removal of material from highway right of wayWhen the permittee desires to excavate and remove 200 cubic yards or more of material, he/she shall notify the District Maintenance Manager prior to the commencement of excavatio…

Regulations of Connecticut State AgenciesSec. 13b-17-120a. Identification of communicationsWhen the subject matter of any document or any other filing pertains to a hearing or proceeding pending before the commissioner, the title and the docket number of the hearing or proceeding…

Regulations of Connecticut State AgenciesSec. 13b-17-121a. Calendar of hearingsThe agency shall maintain a calendar of all hearings. Hearings shall be placed on the hearing calendar in the order in which they are docketed, unless otherwise directed by the commissioner. Hearings s…

Regulations of Connecticut State AgenciesSec. 13b-17-122a. Agency actionThe agency on its own motion, may initiate an investigation or fact-finding proceeding as it deems necessary or upon the receipt of any notice of complaint by any person concerning any matter within the agenc…

Regulations of Connecticut State AgenciesSec. 13b-17-123a. Voluntary withdrawal of proceedingsAn applicant may withdraw an application at any time, and a petitioner for a declaratory ruling under section 4-176 of the Connecticut General Statutes, as amended, may withdraw the peti…

Regulations of Connecticut State AgenciesSec. 13b-17-124a. Failure to pursue in a timely mannerWhen the agency is prepared to go to hearing and notifies the applicant or petitioner, and the applicant or petitioner refuses or is unprepared to go forward, said matter shall be place…

Regulations of Connecticut State AgenciesSec. 13b-17-125a. Time for submission of documentsSubmission of any document in support of any party's case shall be made within seven (7) days, unless otherwise prescribed by specific provisions of sections 13b-17-100a to 13b-17-152a, inc…

Regulations of Connecticut State AgenciesSec. 13b-17-126a. Motions(a) All motions shall (1) be in writing unless made orally on the record, (2) state with particularity the grounds therefore and (3) set forth the relief or ruling sought. (b) Any party, intervenor or representativ…

Regulations of Connecticut State AgenciesSec. 13b-17-127a. General rule(a) Petitions and applications placed before the agency pursuant to law, including but not limited to petitions for declaratory ruling, petitions for the adoption, amendment or repeal of regulations and applic…

Regulations of Connecticut State AgenciesSec. 13b-17-128a. Required components, generally(a) Form – The form to be followed in the filing of petitions and applications pursuant to sections 13b-17-100a to 13b-17-152a, inclusive, of the Regulations of Connecticut State Agencies wil…

Regulations of Connecticut State AgenciesSec. 13b-17-129a. Original recordsWhen the commissioner so requires, any party, intervenor or representative thereof shall furnish or make available to the commissioner, witnesses, records, physical evidence, papers and documents relative …

Regulations of Connecticut State AgenciesSec. 13b-17-13. Drainage requirements(1) The following information is required on the plans for drainage review:(a) Original and proposed finished grades and contours, sufficient to determine the original slope of the land and the proposed…

Regulations of Connecticut State AgenciesSec. 13b-17-130a. FeesAll application fees or other charges required or authorized by law shall be payable to the Treasurer, State of Connecticut, at the time that the application is filed. Any fees submitted with an application shall be n…

Regulations of Connecticut State AgenciesSec. 13b-17-131a. Subsequent filing of applicationA final decision or judgment shall have been rendered and become effective before any applicant may file a subsequent application seeking additional operating authority of the same type of …

Regulations of Connecticut State AgenciesSec. 13b-17-132a. Waiver of rulesAt the discretion of the commissioner or any presiding officer where good cause appears, the commissioner or any presiding officer may permit deviation from sections 13b-17-100a to 13b-17-152a, inclusive, o…

Regulations of Connecticut State AgenciesSec. 13b-17-133a. Purpose of hearingThe purpose of a hearing in a contested case shall be to provide all parties whose legal rights, duties and privileges are to be determined, an opportunity to present evidence and arguments on all issues…

Regulations of Connecticut State AgenciesSec. 13b-17-134a. Place of hearingUnless a different place is designated by direction of the commissioner, all hearings shall be held at the office of the Department of Transportation, pursuant to section 13b-17-116a. The commissioner shal…

Regulations of Connecticut State AgenciesSec. 13b-17-135a. Date and time of hearingAll hearings shall commence at the specific date and time designated by the commissioner. Failure of any party, intervenor, petitioner or representative thereof to appear at the designated date and…

Regulations of Connecticut State AgenciesSec. 13b-17-136a. Order of procedure at hearings(a) In hearings on complaints, applications and petitions, the party that shall open and close the presentation of any part of the matter shall be the complainant, applicant or petitioner. In…

Regulations of Connecticut State AgenciesSec. 13b-17-137a. Burdens of proofIn a proceeding on an application, the applicant shall have the burden of going forward with evidence and the burden of persuasion with respect to each issue which the commissioner is required, by law, to …

Regulations of Connecticut State AgenciesSec. 13b-17-138a. Notice of hearing(a) In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice. Reasonable notice shall be deemed to be written notice of the date and time of hearing sent by th…

Regulations of Connecticut State AgenciesSec. 13b-17-139a. Bill of particularsAny party may request a bill of particulars containing a more definite and detailed statement of facts from the commissioner, no later than seven (7) days after notice is issued. Upon receipt of such re…

Regulations of Connecticut State AgenciesSec. 13b-17-14. Construction of roads and streetsAll permits for the construction or reconstruction of state highways, roads or streets crossing or intersecting State highways must be requested by the property owner, developer or a municip…

Regulations of Connecticut State AgenciesSec. 13b-17-140a. Disposition of caseAny contested case may be resolved by stipulation, agreed settlement, consent order or default upon the approval of such resolution by the commissioner. (Adopted effective October 6, 1997)

Regulations of Connecticut State AgenciesSec. 13b-17-141a. Petition for designation as party or intervenor(a) Filing of Petition. Any person who proposes to be named or admitted as a party to any proceeding shall comply with the requirements of chapter 54 of the Connecticut Gener…

Regulations of Connecticut State AgenciesSec. 13b-17-142a. Persons not named as a party or intervenorAt the discretion of the presiding officer, any person or entity not named as a party or intervenor may be given the opportunity to present an oral or written statement. The presi…