§ 19a-633 — (Formerly Sec. 19a-149). Investigative powers. Notice of violation. Hearing. Cease and desist order. Enforcement by Attorney General.

Connecticut § 19a-633

• Jurisdiction: Connecticut
• Title 19a: Public Health and Well-Being
• Ch. 368z: Health Systems Planning Unit

Text

(a) The commissioner, or any agent authorized by the commissioner to conduct any inquiry, investigation or hearing under the provisions of this chapter, shall have power to administer oaths and take testimony under oath relative to the matter of inquiry or investigation. At any hearing ordered by the unit, the commissioner or such agent having authority by law to issue such process may subpoena witnesses and require the production of records, papers and documents pertinent to such inquiry. If any person disobeys such process or, having appeared in obedience thereto, refuses to answer any pertinent question put to such person by the commissioner or such commissioner's authorized agent or to produce any records and papers pursuant thereto, the commissioner or such commissioner's agent may apply to the superior court for the judicial district of Hartford or for the judicial district wherein the person resides or wherein the business has been conducted, or to any judge of said court if the same is not in session, setting forth such disobedience to process or refusal to answer, and said court or such judge shall cite such person to appear before said court or such judge to answer such question or to produce such records and papers. (b) If the commissioner or such agent has received information and has a reasonable belief that any person, health care facility or institution has violated or is violating any provision of this chapter, or any regulation or order of the unit, the commissioner or such agent may issue a notice pursuant to this section. The unit shall notify the person, health care facility or institution against whom such order is issued by first class mail or personal service. The notice shall include: (1) A reference to the sections of the general statutes, regulations of Connecticut state agencies or orders alleged or believed to have been violated; (2) a short and plain language statement of the matters asserted or charged; (3) a description of the activity alleged to have violated a statute or regulation identified pursuant to subdivision (1) of this subsection; (4) a statement concerning the right to a hearing of such person, health care facility or institution; and (5) a statement that such person, health care facility or institution may, not later than ten business days after receipt of such notice, make a written request for a hearing on the matters asserted, to be sent to the commissioner or such agent. (c) The person, health care facility or institution to whom such notice is provided pursuant to subsection (b) of this section may, not later than ten business days after receipt of the notice, make written application to the unit to request a hearing to demonstrate that such violation has not occurred, a certificate of need was not required, or each required certificate of need was obtained. A failure to make a timely request for a hearing shall result in the office issuing a cease and desist order. Each hearing held under this subsection shall be conducted as a contested case pursuant to chapter 54. (d) If the unit finds, by a preponderance of the evidence, following a hearing held under subsection (c) of this section that such person, health care facility or institution has violated or is violating any provision of this chapter, or any regulation or order of the unit, the unit shall issue a cease and desist order to such person, health care facility or institution that shall be considered a final decision subject to appeal to the Superior Court in accordance with section 4-183 . (e) Any cease and desist order issued under this section may be enforced by the Attorney General pursuant to section 19a-642 .

Legislative History

(P.A. 73-117, S. 7, 31; P.A. 78-280, S. 2, 6, 127; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4–6; 95-257, S. 44, 58; P.A. 18-91, S. 23; P.A. 23-171, S. 10; P.A. 24-81, S. 204.) History: P.A. 78-280 replaced “county” with “judicial district” and “Hartford county” with “judicial district of Hartford-New Britain”; Sec. 19-73g transferred to Sec. 19a-149 in 1983; P.A. 88-230 replaced “judicial district of Hartford-New Britain” with “judicial district of Hartford”, effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 95-257 replaced variants of “commission” with “commissioner” or “office”, effective July 1, 1995; Sec. 19a-149 transferred to Sec. 19a-633 in 1997; P.A. 18-91 replaced “commissioner” with “executive director”, replaced “office” with “unit”, and made technical changes, effective May 14, 2018; P.A. 23-171 designated existing provisions as Subsec. (a) and added Subsec. (b) re notice of violation of any provision of this chapter or regulation or order of the unit, Subsec. (c) re request for hearing, Subsec. (d) re issuance of cease and desist order and Subsec. (e) re enforcement by Attorney General; P.A. 24-81 amended Subsecs. (a) and (b) by replacing references to executive director of the Office of Health Strategy with references to Commissioner of Health Strategy, effective May 30, 2024. Annotations to former section 19a-149: Cited. 226 C. 105; 235 C. 128. Cited. 42 CS 413.