(a) Claims shall be heard as soon as practicable after they are filed. The following claims shall be privileged with respect to assignment for hearing: (1) Claims by persons who are sixty-five years or older or who reach such age during the pendency of the claim, (2) claims by persons who are terminally ill, as defined in section 52-191c, and (3) claims by executors or administrators of estates. Hearings may be held at the Office of the Claims Commissioner, at any available hearing facility in the State Capitol or Legislative Office Building, upon request at any courthouse serving a judicial district or geographical area or city or town hall in the state or at such other suitable place as the Claims Commissioner or a magistrate finds is convenient and just to the claimant and to the Attorney General.

(b) The Claims Commissioner or a magistrate may call witnesses, examine and cross-examine any witness, require information not offered by the claimant or the Attorney General and stipulate matters to be argued. The Claims Commissioner or a magistrate shall not be bound by any law or rule of evidence, except the rules prescribed by the Claims Commissioner pursuant to section 4-157.

(c) The Claims Commissioner or a magistrate may administer oaths, cause depositions to be taken, issue subpoenas and order inspection and disclosure of books, papers, records and documents. Upon good cause shown, any such order or subpoena may be quashed by the Claims Commissioner or a magistrate.

(d) If any person fails to respond to a subpoena, the Claims Commissioner or a magistrate may issue a capias, directed to a state marshal to arrest such person and bring such person before the Claims Commissioner or a magistrate to testify.

(e) If any person refuses to testify or to produce any relevant, unprivileged book, paper, record or document, the Claims Commissioner or a magistrate shall certify such fact to the Attorney General, who shall apply to the superior court for the judicial district in which such person resides for an order compelling compliance. Further refusal of such person shall be punished as provided by section 2-46. If such person is the claimant, the Claims Commissioner shall summarily dismiss the claim and order it forfeited to the state.

(f) When subpoenaed by the Claims Commissioner or a magistrate, witnesses shall be offered the fees and mileage allowances authorized by section 52-260, provided no such fee or allowance shall be paid to any state officer or employee who appears on behalf of the state.

(1959, P.A. 685, S. 8; P.A. 75-605, S. 8, 27; P.A. 78-280, S. 9, 127; P.A. 89-82, S. 4, 11; P.A. 00-99, S. 21, 154; P.A. 01-167, S. 2; 01-195, S. 4, 181; P.A. 16-127, S. 9.)

History: P.A. 75-605 replaced references to claims commission and its members with references to claims commissioner; P.A. 78-280 replaced “county courthouse” in Subsec. (a) with “courthouse serving a judicial district or geographical area” and substituted judicial district for county in Subsec. (e); P.A. 89-82 amended Subsec. (a) to provide for hearing of claims in legislative office building; P.A. 00-99 changed reference to “sheriff of the county in which such person resides” to “state marshal” in Subsec. (d), effective December 1, 2000; P.A. 01-167 amended Subsec. (a) to specify types of claims that are privileged with respect to assignment for hearing; P.A. 01-195 made a technical change in Subsec. (d) for the purposes of gender neutrality, effective July 11, 2001; P.A. 16-127 amended Subsecs. (a) to (f) by adding “or a magistrate”, amended Subsec. (b) by adding “the rules prescribed by the Claims Commissioner pursuant to section 4-157” and making a conforming change and amended Subsec. (e) by making a technical change, effective June 9, 2016.

Cited. 186 C. 300; 239 C. 265.