DocketNumber: No. CV94 540747
Judges: ALLEN, STATE TRIAL REFEREE.
Filed Date: 10/27/1994
Status: Non-Precedential
Modified Date: 4/17/2021
As a result of the inspection, the Commissioner issued an administrative complaint against the plaintiffs alleging that the inspections revealed that numerous food packages in the plaintiffs' store were marked incorrectly as to the net quantity of the contents in terms of weight, measure or count. CT Page 10982 A hearing on the complaint was held in December of 1993.
On July 22, 1994, the Commissioner issued her Final Decision and Order. The Commissioner concluded that during the inspections, numerous food packages were marked incorrectly as to the quantity of the contents in terms of weight, measure or count. The Commissioner ordered the plaintiffs, pursuant to General Statutes §
The plaintiffs are now seeking to depose the Commissioner of Consumer Protection who issued the final order and defendant has moved for a protective order.
In their Motion to take the Commissioner's Deposition plaintiffs claim that the order issued by the Commissioner contains facts that are not contained in the record, are not supported by any reference to transcript or exhibits, and therefore could only have resulted from ex parte communications by Commissioner Schaffer or by her staff. In support of this claim they cite Johnson v. StaffordPlanning Zoning Commission, 1991 WL 232745, J. Klaczak (Conn.Super.Ct. 1991) and Pollio v. Somers ConservationCommission, 1991 WL 27833, J. Scheinblum (Conn.Super.Ct. 1991). Those cases are clearly distinguishable from the present case. In Johnson there was some evidence that a Commission member who voted on a zoning matter had improperly prejudged and predetermined the matter. Similarly in Pollio there was evidence that a member of the Somers Conservation Commission engaged in conduct which occurred outside of regular Commission meetings and the public hearing.
Plaintiffs also cite Martone v. Lensink,
The taking of additional evidence is controlled by General Statutes §
Accordingly, the motion for protective order is granted.
Allen State Trial Referee