The Commissioner of Agriculture may designate as an agent of the commissioner:

1. (1) Any deputy commissioner or any employee of the department to exercise all or part of the authority, powers and duties of said commissioner in the absence of the commissioner,
2. (2) any deputy commissioner or any employee, assistant or agent employed by the Department of Agriculture to exercise such authority of the Commissioner of Agriculture as the commissioner delegates for the administration or enforcement of any applicable statute, regulation, permit or order,
3. (3) any deputy commissioner, employee, assistant or agent employed by the Department of Agriculture who is deemed qualified by the commissioner to act as a hearing officer in administrative hearings,
4. (4) two or more qualified persons, one of whom shall be designated as the presiding officer to conduct administrative hearings, and
5. (5) any qualified person to serve as a hearing officer for contested cases who may be compensated for such service. Any such hearing officer appointed by the commissioner shall render a proposed final decision or the final decision as directed by the commissioner except that the commissioner or deputy commissioner shall consider and make the final decision when modification or reconsideration of a contested case is requested by a party pursuant to section 4-181a.

(P.A. 95-141, S. 3; June 30 Sp. Sess. P.A. 03-6, S. 146(e), (f); P.A. 04-189, S. 1; June Sp. Sess. P.A. 15-5, S. 119.)

History: June 30 Sp. Sess. P.A. 03-6 replaced Commissioner and Department of Agriculture with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; June Sp. Sess. P.A. 15-5 amended Subdiv. (1) by adding provisions authorizing commissioner to designate employee of department as agent of commissioner, added Subdiv. (3) authorizing commissioner to designate deputy commissioner, employee, assistant or agent employed by department as hearing officer, added Subdiv. (4) authorizing commissioner to designate 2 or more qualified persons, 1 of whom to be designated as presiding officer, added Subdiv. (5) authorizing commissioner to designate any qualified person as hearing officer for contested cases, added provision re timing for rendering of proposed final decision or final decision, and made technical changes.