Sec. 22-4c. Powers of commissioner. Recording and transcription of hearings. Payment of related costs or expenses.
Sec. 22-4c. Powers of commissioner. Recording and transcription of hearings.
Payment of related costs or expenses. (a) The Commissioner of Agriculture may: (1)
Adopt, amend or repeal, in accordance with the provisions of chapter 54, such standards,
criteria and regulations, and such procedural regulations as are necessary and proper to
carry out the commissioner's functions, powers and duties; (2) enter into contracts with
any person, firm, corporation or association to do all things necessary or convenient to
carry out the functions, powers and duties of the department; (3) initiate and receive
complaints as to any actual or suspected violation of any statute, regulation, permit or
order administered, adopted or issued by the commissioner. The commissioner may
hold hearings, administer oaths, take testimony and subpoena witnesses and evidence,
enter orders and institute legal proceedings including, but not limited to, suits for injunctions and for the enforcement of any statute, regulation, order or permit administered,
adopted or issued by the commissioner; (4) provide an advisory opinion, upon request
of any municipality, state agency, tax assessor or any landowner as to what constitutes
agriculture or farming pursuant to subsection (q) of section 1-1, or regarding classification of land as farm land or open space land pursuant to sections 12-107b to 12-107f,
inclusive; (5) in accordance with constitutional limitations, enter at all reasonable times,
without liability, upon any public or private property, except a private residence, for the
purpose of inspection and investigation to ascertain possible violations of any statute,
regulation, order or permit administered, adopted or issued by the commissioner and
the owner, managing agent or occupant of any such property shall permit such entry,
and no action for trespass shall lie against the commissioner for such entry, or the commissioner may apply to any court having criminal jurisdiction for a warrant to inspect
such premises to determine compliance with any statute, regulation, order or permit or
methods of manufacture or production ascertained by the commissioner during, or as a
result of, any inspection, investigation or hearing; (6) undertake any studies, inquiries,
surveys or analyses the commissioner may deem relevant, through the personnel of
the department or in cooperation with any public or private agency, to accomplish the
functions, powers and duties of the commissioner; (7) require the posting of sufficient
performance bond or other security to assure compliance with any permit or order; (8)
provide by notice printed on any form that any false statement made thereon or pursuant
thereto is punishable as a criminal offense under section 53a-157b; (9) by regulations
adopted in accordance with the provisions of chapter 54, require the payment of a fee
sufficient to cover the reasonable cost of acting upon an application for and monitoring
compliance with the terms and conditions of any state or federal permit, license, registration, order, certificate or approval. Such costs may include, but are not limited to, the
costs of (A) public notice, (B) reviews, inspections and testing incidental to the issuance
of and monitoring of compliance with such permits, licenses, orders, certificates and
approvals, and (C) surveying and staking boundary lines. The applicant shall pay the
fee established in accordance with the provisions of this section prior to the final decision
of the commissioner on the application. The commissioner may postpone review of an
application until receipt of the payment.
(b) In any hearing held on or after October 1, 1995, on an application for any license
issued by the commissioner, (1) the applicant shall pay all costs of recording and transcribing the hearing if a transcript is required by law, and (2) any applicant who requests
a copy of a transcript of a hearing for which a transcript is not required by law shall pay
to the department any expenses incurred by the department in having such transcript
prepared. In any proceeding held on or after October 1, 1995, on a department order to
enforce any statute, regulation, permit or order administered or issued by the commissioner, the respondent or other person taking an appeal from a final decision of the
commissioner shall pay all costs of recording and transcribing the hearing if a transcript
is required by law. Upon a showing of indigency by such respondent or person, the court
may require the commissioner to pay such costs.
(P.A. 95-141, S. 4; P.A. 00-196, S. 18; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1; P.A. 05-160, S. 1.)
History: P.A. 00-196 made technical changes in Subsec. (a); June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of
Agriculture with Commissioner 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; P.A. 05-160 added new Subsec. (a)(4) to allow commissioner to provide advisory
opinion re what constitutes agriculture or farming or re classification of open space or farm land and by redesignating
existing Subdivs. (4) to (8) as new Subdivs. (5) to (9), effective July 1, 2005.