1. (a) Each entity shall afford a fair hearing to any applicant deemed to be ineligible for a housing opportunity administered by the entity and shall adopt a written policy concerning such hearings. The policy shall provide for:

   1. (1) A reasonable opportunity prior to the hearing to examine any documents, records, or regulations directly relevant to the hearing. The applicant shall be allowed to copy any such document at the applicant’s expense. At the hearing, the entity shall not discuss any document not made available to the applicant after a request by the applicant;
   2. (2) The right to be represented by counsel or other person chosen as his or her representative;
   3. (3) The right to a private hearing unless the applicant requests a public hearing;
   4. (4) The right to present evidence and arguments in support of the appeal, to contest evidence presented by the entity and to confront and cross-examine all witnesses on whose testimony or information the entity relies; and (5) A decision based solely and exclusively upon the facts, documents, records, regulations and testimony presented at the hearing.
2. (b) If the applicant or the entity fails to appear at a scheduled hearing, the hearing officer or the hearing panel may make a determination to postpone the hearing for a period not to exceed five (5) business days or may make a determination that the non-appearing party has waived the right to a hearing. The hearing officer or hearing panel shall notify both the applicant and the entity. If the hearing officer or hearing panel determines that either the applicant or the entity has waived the right to a hearing, such waiver shall not constitute a waiver of the applicant’s right to contest the entity’s determination of ineligibility in an appropriate judicial proceeding.
3. (c) The hearing officer or hearing panel shall conduct the hearing informally. The hearing officer or hearing panel may consider oral or documentary evidence relevant to the facts and issues raised by the applicant without regard to admissibility under the rules of evidence applicable to judicial proceedings. The hearing officer or the hearing panel, as appropriate, shall require the entity, the applicant, counsel for the respective parties and other participants or spectators, if any, to conduct themselves in an orderly manner. Failure to comply with the direction of the hearing officer or the hearing panel, as appropriate, to obtain order may result in exclusion from the hearing or a decision adverse to the interests of the disorderly party and granting or denial of the relief sought, as appropriate.
4. (d) The entity shall audio or video record all hearings and digitally store and maintain all such recordings.
5. (e) The applicant or the entity may arrange, at the expense of the party making the request, for a transcript or copy of the recording of the hearing. Any party to the hearing or legally authorized representative of such person may purchase a copy of such transcript or recording.
6. (f) Persons with disabilities may request a reasonable accommodation pursuant to section 46a-64c of the Connecticut General Statutes to provide such persons with an opportunity to participate in the hearing. Reasonable accommodations may include qualified sign language interpreters, readers, accessible locations or attendants. If the applicant is visually impaired, any required notice to the applicant shall be in an accessible format.
7. (g) The hearing officer or hearing panel, as appropriate, shall issue a final decision to the applicant in writing not more than thirty (30) days after the hearing, except as otherwise set forth in section 17b-812-14 of the Regulations of Connecticut State Agencies. The decision shall include a statement of the reason for the decision, and shall inform the applicant of their right to petition for review of the decision pursuant to subsection (h) of this section.
8. (h) Entities shall inform an applicant who does not prevail at the hearing in writing of the final determination of their right to petition for review the decision of the hearing officer or hearing panel, as appropriate, to the department. An applicant shall submit in writing such petition for review. Any such petition shall be faxed, submitted electronically or postmarked not more than seven (7) business days after the adverse decision. The department shall consider the petition for review based on written information submitted to the department and shall not provide an additional hearing.

9. (i) Entities shall keep the following materials on file for at least three (3) years:

   1. (1) application;
   2. (2) initial ineligibility notice;
   3. (3) any applicant reply;
   4. (4) the entity’s final determination response; and (5) all verified information on which the ineligibility determination was based.

(Effective February 4, 2025)