Conn. Gen. Stat. § 22a-5e: License hearings upon receipt of petition. Presumption of informational hearing. Exceptions. Requirements. Exemptions.
Where this section sits in the code
- TITLE 22a. ENVIRONMENTAL PROTECTION
- CHAPTER 439. DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION. STATE POLICY
- PART II. GENERAL PROVISIONS
(a) For any license, as defined in section 4-166, that requires a hearing upon receipt of a petition by the Commissioner of Energy and Environmental Protection pursuant to any provision of this title or section 25-68d or the regulations of Connecticut state agencies under the authority of the Department of Energy and Environmental Protection, such hearing shall be a public informational hearing and shall not be subject to the requirements of chapter 54 unless such petition satisfies the requirements of subsection (b) of this section. At such public informational hearing, the Commissioner of Energy and Environmental Protection shall accept written and verbal comments regarding the license that is the subject of such informational hearing. Before issuing any final decision on a license that is the subject of such a public informational hearing, the commissioner shall respond to comments received at such informational hearing by posting a written response on the Department of Energy and Environmental Protection's Internet web site.
(b) A hearing shall be subject to the requirements of chapter 54 if the petition sets forth specific facts that: (1) Demonstrate that the legal rights, duties or privileges of at least one person who signed the petition will be, or may reasonably be expected to be, affected by the decision, or (2) satisfy the requirements to intervene as a party pursuant to section 22a-19. The commissioner shall provide a copy of any such petition to the person seeking such license. Not later than ten days after receipt of such petition, such person may object, in writing, to such petition on the basis that such petition fails to contain the specific factual demonstration required by subdivision (1) of this subsection or that such petition does not satisfy the requirements to intervene as a party required by subdivision (2) of this subsection. Any objection shall be submitted to the commissioner and a copy provided to the person who submitted the petition, and the person who submitted the petition may respond, in writing, to any objection not later than seven days after it is submitted. Not later than thirty days after a petition is submitted pursuant to subsection (a) of this subsection that seeks to qualify under subdivision (1) or (2) of this subsection, or not later than thirty days after a response to an objection is submitted, whichever is later, the commissioner shall determine whether the petition satisfies the requirements of this section and send notice of such determination, in writing, to the person seeking such license. If such petition request is granted by the commissioner, the petitioner shall be granted intervening party status and a hearing shall be held pursuant to the requirements of chapter 54. If the commissioner determines that the petition does not satisfy the requirements of this subsection, the person who submitted the petition may appeal such determination pursuant to section 4-183.
(c) No provision of subsection (a) or (b) of this section shall be construed to require a public informational hearing or contested case hearing in lieu of the public hearing prerequisites established in subdivisions (1) and (2) of subsection (b) of section 22a-32, subdivisions (2) and (3) of subsection (k) of section 22a-39, subdivisions (2) and (3) of subsection (b) of section 22a-361 or subdivisions (3) and (4) of subsection (d) of section 25-68d.
(d) No provision of this section shall be construed to prevent the commissioner from holding a hearing prior to approving or denying any application if the commissioner determines that the public interest will be best served by holding a hearing and if another provision of the general statutes provides the commissioner the discretion to hold such a hearing. Any hearing held pursuant to this subsection shall not be subject to the requirements of chapter 54.
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