OSWPCA: Sunshine / DPH Notice of Hearing - Anderson v. CRAHD, Docket #130722SS - 25Jul13

Text facsimile

Jewel Mullen, M.D., M.P.H., M.P.A.            Dannel P. Malloy  
     Commissioner                            Governor

                                            Nancy Wyman 
Joel Anderson                  CM RIRR #91 7199 9991 7032 2519 3419
Judith Anderson               & First Class Mail
13 George Drive
Old Saybrook, CT 06704 [SIC] Connecticut River Area Health District CM RRR #91 7199 9991 7032 2519 3426 Jim Monopoli, R.S., M.P.H., Director of Health 455 Boston Post Road, Suite 7 Old Saybrook, CT 06475
RE: Joel Anderson and Judith Anderson v. Connecticut River Area Health District - Docket 9130722SS
Property Located at 13 George Drive, Old Saybrook, Connecticut


By authority of Section 19a-229 of the General Statutes of Connecticut, you are hereby notified to appear for a de novo hearing regarding the appeal of an Order dated July 18, 2013 issued to Joel Anderson and Judith Anderson by the Connecticut River Area Health District regarding a violation of Section 19-13-B 103c(f) of the Public Health Code and Sections 3C, 3Aiii and 3Dii of the Town of Old Saybrook Wastewater Upgrade Program Standards.

The record to date consists of the following:
1. Copy of Notice of Violation dated, June [SIC] 18, 2013, issued to Joel Anderson
and Judith Anderson by Jim Monopoli, M.P.H, Director of Health;
2. Local Health Appeal Intake Form dated July 19, 2013
3. Letter of appeal from Joel Anderson received on July 22, 2013.

The hearing shall be conducted by Shawn Rutchick who is hereby appointed as hearing officer, and who shall rule on all motions, and shall recommend findings of fact and conclusions of law to the undersigned.

If you need a translator, please advise the Department no later than seven calendar days before the hearing.

The hearing will be held:
      Date:  August 29, 2013
     Place:  CT Department of Public Health
             410 Capitol Avenue, Hartford CT
  Location:  Third Floor— Conference Room C
      Time:  9:00 AM

In addition to the foregoing, the following apply in this case.

1. Procedures. This appeal, including, without limitation, the hearing will be conducted in accordance with Chapter 54 of the Connecticut General Statutes (the "UAPA") and Section 19a-9-1, et 5gcj., of the Regulations of Connecticut State Agencies.

2. Legal entities. Any legal entity, including, without limitation, a limited liability company (LLC), limited liability partnership (LLP), stock, non-stock, charitable or municipal corporation may only be represented by an attorney. If a legal entity is not represented by an attorney at the hearing, any person attending the hearing as a proponent for the legal entity may only testify as a witness and may not make legal arguments, cross examine witnesses, or in any way engage in the practice of law.

3. Representation. If you are not a legal entity, you may appear pro se (i.e. on your own behalf) or you may opt to have counsel represent you at the hearing. Any counsel appearing on behalf of a party must file an appearance with this office.

4. Document filing. When submitting any pleading, document, motion, or other paper to the Department, the submitting party must file an original and one copy (including oversized documents) of it-

5. Communications. Any communication to this Department regarding this matter shall be submitted by directing the original communication to the person identified below, at the corresponding address, and sending a copy of such communication, and certification that such copy has been so sent, to the other party. No ex parte communication with the hearing officer will be permitted.
                  Jeffrey A. Kardys, Administrative Hearings Specialist 
                  Public Health Hearing Office
                  Department of Public Health
                  410 Capitol Ave. MS#13PHO
                  P.O. Box 340308
                  Hartford CT 06134-0308
                  Tel. (860) 509-7566      FAX (860) 509-7553
                  Toll Free 1-888-891-9177

6. Burden of proof. If the case is an appeal of a local health order issued for a public health violation, the local health department will have the burden of proof (production of evidence and persuasion). If the appeal is of the denial of an application for a permit, license, etc., the appellant (party seeking the permit, license, etc.) bears the burden of proof (production of evidence and persuasion).

7. Failure to appear. If any party fails to appear at the hearing, the hearing officer may proceed as though such absent party is present. If the Appellant does not appear, the appeal may be dismissed. In cases in which local health bears the burden of proof; the appeal may be sustained if local health does not appear.

8. Witnesses. It is each party's obligation to ensure that any witness that such party wants to testify during the hearing is present at the hearing.

9. Evidence. Each party must bring two copies (one for the hearing officer and one for the opposing party) of any written evidence that such party wishes to introduce during the hearing. Multi-page materials, including, exhibits with attachments, must be sequentially numbered in the bottom right-hand corner. For materials with attachments, continue with the sequential numbering instead of restarting the numbering at each attachment.

10. Stay. An appeal of an order does not automatically stay its compliance date.
7/25/2013                    (signed) Jewel Mullen
----------                   ----------------------------  
Date                        Jewel Mullen, M.D., M.P.H., M.P.A.

                Phone: (860) 509-7296  *  Fax: (860) 509-7295  *  VP: (860) 899-1611
                         410 Capitol Avenue, P.O. Box 340308
                                 Hartford, Connecticut 06134-0308
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