deep says no to milford

7/31/2019 DEEP Says No to Milford

http://slidepdf.com/reader/full/deep-says-no-to-milford 1/6



4

Dismissal of this proceeding would deny due process rights to the parties. It is a

fundamental principle of law that in almost every setting where important decisions turn on

questions of fact, due process requires an opportunity to confront and cross-examine adverse

witnesses. Goldberg v. Kelly, 397 U.S. 254, 269 (1970). I cannot recommend that this matter

be dismissed when the applicant, who has the burden of proof, has not even been provided with

an opportunity to meet its burden. Regs., Conn. State Agencies §22-3a-6(f). This opportunity is

at the heart of due process requirements governed by the Uniform Administrative Procedure Act,

General Statutes §§4-166 through 4-189, and the department’s Rules of Practice, §§22a-3a-2

through 22a-3a-6.

The City argues that the precedent established by the department’s final decision in

Champion Recycling Industries, Inc., should apply. In Champion, the DEEP opined that it will

consider denying a permit if there is any misrepresentation in the application. Champion

Recycling Industries, Inc., Final Decision, January 8, 1997. However, in that matter, the

misrepresentation was proven during the hearing after all the parties were provided an

opportunity to present evidence and cross examine witnesses. The City fails to acknowledge that

fact even though it is included in the City’s quote from the Champion decision. The

administrative hearing process is in place to protect the due process rights of all participants.

The City cannot reasonably expect the allegations of one party to circumvent the administrative

hearing processes and deny other parties their right to due process.5

5The City’s “argument” also impugns DEEP and its work on this application. Such provocative statements, unless

supported by evidence, hold no sway in this forum and could inappropriately misinform residents before this

application and its review are properly vetted in the hearing process. During this process, I will impartially evaluate

the record, including any relevant evidence on these issues.

deep says no to milford

Documents