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Stupid freedom of information commission -- 1-206(b)(2) issue

davidmcbeth

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Jan 14, 2012
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The commission TABLED a decision in one of their goofy notices not to schedule a hearing (although Judge Cohn on 29 SEP just tossed out their reasoning as being bogus)

Since they did not decide, I filed a demand for a hearing:

Motion/Request/Demand for Hearing To Be Scheduled

The commission did not make a finding that the case, its filings, or otherwise found abuse in this case in the commission meeting/hearing of 8 OCT 14, shown in Agenda Item #8.

CGS Sec. 1-206 states:

The commission shall provide due notice to the parties and review affidavits and written argument that the parties may submit and grant or deny such leave summarily at its next regular meeting.

The commission shall grant such leave unless it finds that the appeal: (i) Does not present a claim within the commission's jurisdiction; (ii) would perpetrate an injustice; or (iii) would constitute an abuse of the commission's administrative process.

Since the commission did not make a finding on 8 OCT 14 [the next regular meeting after the filing of the notice by the executive director] of abuse, injustice, or a jurisdictional defect, the commission, by default, must schedule the matter for a hearing.

The reason for any delay is irrelevant; the law requires that the commission either: a) makes a finding of abuse, injustice, or jurisdictional defect or b) grant leave for a hearing.

I therefore demand a hearing in this case. No appearance by the opposing party has been filed.


Cannot wait for them to reject this demand, which I assume that they will.
 
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