Insurance Department › 38a-8 Organization and Rules of Practice

Regulations of Connecticut State AgenciesSec. 38a-8-35. Ex parte communications(a) Unless required for the disposition ex parte of matters authorized by law, neither the Commissioner nor any presiding officer shall communicate directly or indirectly with any person or party conce…

Regulations of Connecticut State AgenciesSec. 38a-8-36. Continuance of hearingOn motion of the Commissioner, or presiding officer, or that of any party, the hearing may be adjourned or continued on such terms as the Commissioner or presiding officer may require. (Effective Septem…

Regulations of Connecticut State AgenciesSec. 38a-8-37. Amendment of notice of hearingThe Commissioner may amend any notice of hearing to incorporate additional matters or allegations and may continue or postpone the hearing for such reasonable time as justice requires to allow t…

Regulations of Connecticut State AgenciesSec. 38a-8-38. Pre-hearing conference(a) The Commissioner or presiding officer may, in his or her discretion, order counsel or any party to meet for a pre-hearing conference. Such conference may be held with one or more persons participati…

Regulations of Connecticut State AgenciesSec. 38a-8-39. Rules of evidenceThe following rules of evidences shall be applied at hearings:(1) General. Any oral or documentary evidence may be received but the presiding officer shall, as a matter of policy, exclude irrelevant, immater…

Regulations of Connecticut State AgenciesSec. 38a-8-4. Location of principal officeThe Insurance Department is located at 153 Market Street (960 Main Building), 7th Floor, Hartford, Connecticut 06103. The Insurance Department's mailing address is P.O. Box 816, Hartford, Connectic…

Regulations of Connecticut State AgenciesSec. 38a-8-40. Filing of added exhibits and testimonyUpon order of the presiding officer before, during or after the hearing of a case, any party or intervenor shall prepare and file added exhibits and written testimony. Any party or inter…

Regulations of Connecticut State AgenciesSec. 38a-8-41. Uncontested disposition of caseUnless precluded by law, any contested case may be resolved by stipulation, agreed settlement, consent order or default upon order of the Commissioner. Upon such disposition a copy of the order…

Regulations of Connecticut State AgenciesSec. 38a-8-42. The record in contested casesThe record in a contested case shall include:(1) All motions, applications, petitions, complaints, responsive pleadings, bills of particulars, notices of hearing, and intermediate rulings; (2) Th…

Regulations of Connecticut State AgenciesSec. 38a-8-43. Proposal for decision(a) The Commissioner shall proceed in the following manner in contested cases where the Commissioner has not heard the case or read the record. The decision of the presiding officer shall not be adopted …

Regulations of Connecticut State AgenciesSec. 38a-8-44. Final decisionAll final decisions and orders of the Commissioner concluding a contested case shall be in writing or orally stated and shall be made a part of the record of such case. The Commissioner shall serve a copy of th…

Regulations of Connecticut State AgenciesSec. 38a-8-45—38a-8-46. Reserved

Regulations of Connecticut State AgenciesSec. 38a-8-47. General provisions(a) The Commissioner shall hold a hearing on any application or petition where required by law and may in his or her discretion hold a hearing on any application or petition presented to the Commissioner wh…

Regulations of Connecticut State AgenciesSec. 38a-8-48. Party and intervenor status(a) In issuing the notice of hearing, the Commissioner shall designate as parties those persons known to the Commissioner whose legal rights, duties or privileges are being determined. All other pe…

Regulations of Connecticut State AgenciesSec. 38a-8-49. Petition to be designated a party or intervenorThe petition to be designated a party or intervenor as required by section 38a-8-48 of the Regulations of Connecticut State Agencies shall include the following: (1) the petitio…

Regulations of Connecticut State AgenciesSec. 38a-8-5. Public informationThe policy of the Insurance Department, in accordance with the Freedom of Information Act, chapter 14 of the Connecticut General Statutes, is to make available for public inspection all files, records, and d…

Regulations of Connecticut State AgenciesSec. 38a-8-51. Procedure concerning added parties(a) Notice of designation. In the event that the Commissioner grants any petitioner status as a party or intervenor after service of the initial notice of hearing in a contested case, the Co…

Regulations of Connecticut State AgenciesSec. 38a-8-52. Hearing procedure(a) Order of presentation. In hearings on petitions, the party that shall open and close the presentation of any part of the matter shall be the petitioner. In a case where the direct testimony has already b…

Regulations of Connecticut State AgenciesSec. 38a-8-53. Reserved

Regulations of Connecticut State AgenciesSec. 38a-8-54. GeneralIn addition to the general provisions of this article governing hearings, the following special provisions shall apply to all proceedings instituted by the Commissioner for the revocation or suspension of any license,…

Regulations of Connecticut State AgenciesSec. 38a-8-55. Hearings — licenses, finesExcept as provided in section 38a-8-56 of the Regulations of Connecticut State Agencies or any provision of the Connecticut General Statutes, no license may be revoked or suspended nor any fine impo…

Regulations of Connecticut State AgenciesSec. 38a-8-56. Suspension pending proceedingsIf the Commissioner finds that the public health, safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in his or her order, summary suspension of a…

Regulations of Connecticut State AgenciesSec. 38a-8-57. Hearings — unfair practicesProceedings instituted by the Commissioner alleging unfair practices under sections 38a-815 to 38a-819, inclusive, of the Connecticut General Statutes and Regulations promulgated thereunder shall b…

Regulations of Connecticut State AgenciesSec. 38a-8-58. Intervention — unfair practices proceedingThe Commissioner shall permit any person to intervene in any proceeding under sections 38a-817 and 38a-818 of the Connecticut General Statutes in accordance with section 38a-8-49 of …

Regulations of Connecticut State AgenciesSec. 38a-8-59. Notice — timeUnless a greater or lesser time is required by statute or regulation with regard to any proceeding subject to this section, notice shall be given to the respondent at least thirty (30) days prior to a hearing. (…

Regulations of Connecticut State AgenciesSec. 38a-8-6. Insurance department bulletinsAny person or group may file a request with the Commissioner to be placed on a mailing list to receive Insurance Department Bulletins. Such request shall be in effect only for the calendar year i…

Regulations of Connecticut State AgenciesSec. 38a-8-60. Complaint(a) Complaint issuance. All enforcement proceedings instituted by the Commissioner for the revocation or suspension of any license or imposition of a fine, or both, shall be initiated by serving on each respondent a…

Regulations of Connecticut State AgenciesSec. 38a-8-61. Answer(a) Form, content, affirmative defenses. The respondent in any enforcement proceeding shall file an answer to the complaint with the Commissioner no later than twenty (20) days after service of the complaint. An answer…

Regulations of Connecticut State AgenciesSec. 38a-8-62. Default decisionsThe Commissioner or presiding officer may issue a default decision against a respondent that fails to answer the complaint within the time afforded under section 38a-8-61 of the Regulations of Connecticut St…

Regulations of Connecticut State AgenciesSec. 38a-8-63. Reopened hearingA respondent may, for good cause shown, file a motion to set aside a decision rendered by default no later than sixty (60) days of the entry thereof. If a default was entered for failure of the respondent to …

Regulations of Connecticut State AgenciesSec. 38a-8-64. Conduct of enforcement hearing(a) Unless modified by the Commissioner or the presiding officer, the order of proof in enforcement proceedings shall be as follows: (1) evidence of the violations alleged;(2) cross-examination …

Regulations of Connecticut State AgenciesSec. 38a-8-65. Jurisdictional objectionsAfter procceedings have commenced in a contested case, objections to the jurisdiction of the Insurance Department may be made to the Commissioner at any time prior to the final decision. (Effective S…

Regulations of Connecticut State AgenciesSec. 38a-8-66. Reserved

Regulations of Connecticut State AgenciesSec. 38a-8-67. Appeals under Sections 38a-329 and 38a-328-14(a) General. This section and section 38a-8-68 of the Regulations of Connecticut State Agencies set forth the procedure to be followed in the disposition of appeals to the Commiss…

Regulations of Connecticut State AgenciesSec. 38a-8-68. Reserved

Regulations of Connecticut State AgenciesSec. 38a-8-69. FormThe Commissioner will accept informal complaints alleging violations of title 38a of the Connecticut General Statutes or the regulations promulgated thereunder from any person. Although no form of informal complaint is r…

Regulations of Connecticut State AgenciesSec. 38a-8-7. Procedure governedSection 38a-8-7 to section 38a-8-75, inclusive, of the Regulations of Connecticut State Agencies govern practice and procedure before the Insurance Commissioner or any division of the Insurance Department, a…

Regulations of Connecticut State AgenciesSec. 38a-8-70. Disposition of informal complaintsWhere the Commissioner, in his or her discretion, determines that an informal complaint alleges a violation of title 38a of the Connecticut General Statutes or regulations promulgated thereu…

Regulations of Connecticut State AgenciesSec. 38a-8-71. Reserved

Regulations of Connecticut State AgenciesSec. 38a-8-72. Notice of intent to adopt regulationsPrior to the adoption of any regulation, the Commissioner shall give such notice as is required by section 4-168 of the Connecticut General Statutes or other applicable statutes. (Effecti…

Regulations of Connecticut State AgenciesSec. 38a-8-73. Request for paper copy advance notice of regulation adoption proceedings(a) Filing and form. Any person or group may file a request with the Commissioner for advance notice of regulation adoption proceedings. The request sha…

Regulations of Connecticut State AgenciesSec. 38a-8-74. Submission of data, views, and argumentAll interested persons may submit data, views, and arguments in writing to the Commissioner not more than thirty (30) days after notice of intent to adopt the regulation has been publis…

Regulations of Connecticut State AgenciesSec. 38a-8-75. Availability of regulationsAll the regulations and currently pending proposed regulations of the Commissioner shall be available for inspection during normal business hours at the Commissioner's principal office. Copies of a…

Regulations of Connecticut State AgenciesSec. 38a-8-76. Personal data(a) DefinitionsThe following definitions shall apply to this section:(1) \"Other data\" means any information, other than personal data, which because of name, identification number, mark or description can be r…

Regulations of Connecticut State AgenciesSec. 38a-8-77—38a-8-100. Reserved

Regulations of Connecticut State AgenciesSec. 38a-8-8. Definitions(a) As used in section 38a-8-1 to section 38a-8-75, inclusive, of the Regulations of Connecticut State Agencies, the following words and phrases shall have the same definitions as those contained in chapter 54 of t…

Regulations of Connecticut State AgenciesSec. 38a-8-9. Waiver of rulesWhere good cause appears, the Commissioner or any presiding officer may permit deviation from the rules of practice, except where precluded by law. (Effective September 25, 1992; Amended February 1, 2001)