State Treasurer | 3-11-1 to 3-11-33 - Description of Organization—Rules of Procedure

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Regulations of Connecticut State Agencies TITLE 3. State Elective Officers

Agency State Treasurer

Subject Description of Organization—Rules of Procedure

Inclusive Sections §§ 3-11-1—3-11-33

CONTENTS

Article I

Organization of Agency Sec. 3-11-1. Duties and authority of the Office of the Treasurer Sec. 3-11-2. Basic organization Sec. 3-11-3. Course and method of operations Sec. 3-11-4. Location of principal office Sec. 3-11-5. Public information

Article II

Scope and Construction of Rules

Part I

General Provisions Sec. 3-11-6. Procedure governed Sec. 3-11-7. Definitions Sec. 3-11-8. Waiver of rules Sec. 3-11-9. Construction and amendment Sec. 3-11-10. Computation of time Sec. 3-11-11. Extension of time Sec. 3-11-12. Effect of filing

Part 2

Formal Requirements Sec. 3-11-13. Date of filing Sec. 3-11-14. Identification of communications Sec. 3-11-15. Signatures Sec. 3-11-16. Formal requirements as to documents and other papers filed in

proceedings

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Regulations of Connecticut State Agencies TITLE 3. State Elective Officers

Sec. 3-11-17. Service

Part 3

Requirements for Applications and Petitions, General Provisions Sec. 3-11-18. General rule Sec. 3-11-19. Function of application Sec. 3-11-20. Required components, general Sec. 3-11-21. Original records Sec. 3-11-22. Fees Sec. 3-11-23. Date of filing, components, deficiencies

Part 4

Requirements for Applications and Petitions, Special Provisions Sec. 3-11-24. Petition requesting the promulgation, amendment or repeal of

regulations Sec. 3-11-25. Petition for declaratory ruling

Article III

Personal Data Sec. 3-11-26. Definitions Sec. 3-11-27. General nature and purpose of personal data Sec. 3-11-28. Categories of personal data Sec. 3-11-29. Maintenance of personal data Sec. 3-11-30. Disclosure of personal data Sec. 3-11-31. Contesting the content of personal data records Sec. 3-11-32. Uses to be made of the personal data Sec. 3-11-33. Availability of regulations

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Regulations of Connecticut State Agencies TITLE 3. State Elective Officers

State Treasurer §3-11-2

Description of Organization—Rules of Procedure

Article I

Organization of Agency

Sec. 3-11-1. Duties and authority of the Office of the Treasurer The duties and authority of the Office of the Treasurer are primarily set out in Article

Four, Section 22 of the Connecticut Constitution and in Title 3 of the Connecticut General Statutes. The Treasurer is responsible for the safe custody of the property and money belonging to the State. The Treasurer receives all monies belonging to the State, makes disbursements as directed by Statute, and manages, borrows, and invests all funds for the State. The Treasurer oversees an investment portfolio of pension assets and serves as principal fiduciary of all state trust funds as described in section 3-13c of the Connecticut General Statutes. The Treasurer is the custodian of the Second Injury Fund and operates the State’s unclaimed property program. The Treasurer serves as Trustee of the Connecticut Higher Education Trust established pursuant to section 3-22g of the Connecticut General Statutes. (Effective December 28, 1993; Amended September 13, 2016)

Sec. 3-11-2. Basic organization The Office of the Treasurer consists of six divisions which are as follows: (1) The Executive Office of the Treasurer has responsibility for policy-setting, investor

and corporate relations, legal, compliance and legislative affairs, financial reporting, public education and information, the administration of all internal department functions, including human resources, business and office services, information technology and special project planning, and the administration of theConnecticut Higher Education Trust, the State’s college savings plan qualified under section 529 of the United States Internal Revenue Code.

(2) The Pension Funds Management Division manages the State’s multi-billion dollar pension and trust funds portfolio.

(3) The Cash Management Division has responsibility for cash accounting and reporting, cash positioning and forecasting, bank and fund reconciliation, bank administration and check processing, and managing the Short-Term Investment Fund, created pursuant to section 3-27a of the Connecticut General Statutes, and other combined investment pools.

(4) The Debt Management Division administers the State’s bond and debt financing program, including the sales of State bonds.

(5) The Second Injury Division administers the Second Injury Fund, pursuant to section 3-27a of the Connecticut General Statutes, for (A) employees with a pre-existing condition who sustain an injury on the job that results in a material worsening of the condition and (B) employees who have received an award of compensation but whose employer or employer’s insurer fails or is unable to pay.

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§3-11-3 State Treasurer

(6) The Unclaimed Property Division is responsible for administration of the State’s unclaimed property program, which includes collection and custody of assets whose rightful owners cannot be located, and processing of claims filed by individuals and entities claiming ownership of such assets. (Effective December 28, 1993; Amended September 13, 2016)

Sec. 3-11-3. Course and method of operations (a) Executive Office of the Treasurer. The Treasurer has overall responsibility for the

operation of the Office and provides supervision and direction with regard to all activities of the Office. By statute, the Treasurer is required to appoint a Deputy, who performs all duties of the Treasurer in case of the sickness or absence of the Treasurer. With the advice and consent of the Investment Advisory Council, the Treasurer appoints a Chief Investment Officer who, under the direction of the Treasurer, advises the Treasurer on investing the State’s pension and trust fund’s portfolio. In addition, the Treasurer appoints Assistant Treasurers, a General Counsel and Chief Compliance Officer who, under the direction of the Treasurer, advise the Treasurer on the investment of funds of the State, oversee the general financing procedure in the borrowing of money by the State, administer the State’s unclaimed property program, the Second Injury Fund and the Connecticut Higher Education Trust, and perform such other duties as the Treasurer may direct.

(b)  Pension Funds Management Division. In accordance with the Investment Policy Statement adopted by the Treasurer and approved by the Investment Advisory Council pursuant to section 3-13b of the Connecticut General Statutes, the division manages the invested assets of the State’s pension and trust funds for which the Treasurer is the principal trustee.

The division is responsible for oversight of invested assets, either directly or through external investment managers retained by the Treasurer, as well as development of investment strategy and policy, and performs the following duties:

(1) The division monitors compliance with the asset allocation strategy adopted in the Investment Policy Statement, and manages asset rebalancing as required. Asset classes include public equities, fixed income, private equity, real estate and alternative investments. Investments are made in domestic, international and emerging markets.

(2) If the Treasurer determines to engage the services of external investment managers, staff will assist in the oversight and management of such managers, monitor contract compliance, evaluate manager and investment performance and make recommendations regarding the retention or termination of such managers.

(3) Staff performs risk management functions, including developing and managing processes for examining a broad spectrum of investment and operational risks across asset classes and investment programs.

(4) Operational functions performed by division staff include investment accounting for pension fund assets, reconciling financial reports of the master custodian bank on investment funds, and providing financial statements to the Treasurer and the Chief Investment Officer.

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(5) At the direction of the Treasurer, the division may perform oversight in the selection and review of investment options available to Account Owners in the Connecticut Higher Education Trust.

(c) Cash Management Division. The division is responsible for the coordination of banking services for all State agencies and managing the State’s cash transactions, banking relationships, and short-term investments as follows:

(1) Bank Control and Reconciliation. The division is responsible for assisting State agencies with banking issues and coordinating State banking services, including authorizing the opening and closing of State bank accounts, maintaining bank account records, reconciling Treasury bank accounts, performing administrative services such as processing stop payments and check reissues and procuring new banking services as needed. The division prepares schedules for the annual report to the Governor and, in conjunction with that report, performs annual accounting of the State’s internal and external cash flows. The division also authorizes the release of State payroll, retirement and vendor checks, and manages securities pledged under the State’s insurance collateral program.

(2) Cash Control. The division manages the State’s cash movements, which includes developing forecasts of available cash, funding disbursement accounts and concentrating cash from depository banks. The division prepares annual cash flow projections for State and bond rating agencies and for the primary retirement funds, monitors cash receipts and disbursements, places available cash into short-term investment vehicles and prepares the monthly cash report for the Connecticut General Assembly.

(3) Short-Term Investments. The division manages short-term investments of the State’s temporary surplus cash, which includes managing the Short-Term Investment Fund pursuant to section 3-27a of the Connecticut General Statutes, the Medium-Term Investment Fund (STIF Plus) pursuant to section 3-28a of the Connecticut General Statutes, and investments pursuant to sections 3-24j, 3-24k and 3-31a of the Connecticut General Statutes. Duties include the investment of assets, monitoring custodian and transfer agent activity and preparing quarterly and annual performance reports on such funds.

(d) Debt Management Division. The division manages and coordinates all State of Connecticut bond and note issuance, including general obligation bonds, special tax obligation bonds, clean water fund bonds, University of Connecticut bonds, airport revenue bonds and short term borrowings, if and when the need arises, and maintains an overall program of debt planning and refunding. With respect to such bond and note issuance, the division: (1) coordinates the preparation of official statements and other disclosure documents, (2) coordinates the State’s relationship with the credit rating agencies, (3) determines the structure, timing and the purposes included in each bond issue, (4) oversees the work of bond counsel, financial advisors and underwriters, and (5) coordinates the timing and size of bond issues with the expenditures of individual bond fund accounts and the overall cash flow needs of the state. The division also performs several tax-related functions to ensure that bond-fund programs and projects conform to Internal Revenue Code limitations and requirements for federal tax-exempt treatment. The Debt Management

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Division also coordinates the issuance of bonds with the quasi-public authorities which issue bonds.

(e) Second Injury Division. The division is responsible for the operation of the Second Injury Fund as follows:

(1) Claims. The division adjudicates second injury, uninsured and employer claims. Staff of the division reviews legal documents for errors or omissions; reviews medical reports for work capacity, injury compensability, treatment program, vocational rehabilitation potential and bill payment authorization; authorizes reimbursement requests for concurrent employment and cost of living adjustments; and negotiates stipulated settlements of claims.

(2) Operations. The division is responsible for all financial operations for the Second Injury Fund, which include collection of all employer assessments that fund the operations of the Second Injury Fund programs. The division processes bi-weekly claimant benefit checks and checks for insurance carriers and other vendors. Staff monitors accounts receivable, performs audits of insurance companies and self-insured employers, and performs all collection activities, including collection of receivables as in the case of bankrupt or uninsured employers, overpayments, penalties and fines.

(3) Investigations. The division collects information and conducts investigations to detect and prevent fraudulent receipt of benefits, locate assets, assist in the litigation process, and monitor employer compliance with workers’ compensation insurance coverage requirements.

(f) Unclaimed Property Division. The Unclaimed Property Division is responsible for collecting assets that are legally abandoned, safeguarding such assets and returning assets to the rightful owner when ownership has been proven. Staff of the division is responsible for performing operational and administrative functions as follows:

(1) Duties with respect to holders. The division: (A) Prescribes the form and manner for reporting and payment of abandoned property

by holders to the Office of the Treasurer, as required by section 3-65a of the Connecticut General Statutes;

(B) Receives reports of abandoned property filed annually by holders of such property; (C) Maintains a permanent record of such reports; and (D) Monitors holder reporting and conducts examination of records, which may be

conducted under oath, to determine whether a holder is complying with its duties under the law.

(2) Collection and maintenance of property. The division: (A) Conducts sales of property that the Treasurer has determined should be sold, and

retains the proceeds of the sale for the benefit of the owner of the property; (B) Performs collection activities, including receivables as in the case of bankruptcies,

overpayments and penalties; (C) Maintains computerized records of all abandoned property escheated to the State

including holder reports as well as all claims initiated and processed; and (D) Prepares biennial notice of property presumed abandoned and transferred to the

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State Treasurer §3-11-7

Treasurer in the preceding years. (3) Claims administration. The division: (A) Provides claim forms and instructions on the documentation required to prove

ownership of the various types of property that have been transferred to the Treasurer; (B) Reviews and processes claims; and (C) If claimant proves ownership, prepares documentation for settlement of claim and

issuance of check. (Effective December 28, 1993; Amended September 13, 2016)

Sec. 3-11-4. Location of principal office The Office of the Treasurer is located at 55 Elm Street, Hartford, Connecticut 06106.

Normal business hours are from 8:00 a.m. to 5:00 p.m. daily except Saturdays, Sundays, and holidays. (Effective December 28, 1993; Amended September 13, 2016)

Sec. 3-11-5. Public information In conformity with the State’s Freedom of Information Act, sections 1-200 to 1-242,

inclusive, of the Connecticut General Statutes, it is the policy of the Office of the Treasurer to make available for public inspection all files, records, and documents and other materials within its possession. (Effective December 28, 1993; Amended September 13, 2016)

Article II

Scope and Construction of Rules

Part I

General Provisions

Sec. 3-11-6. Procedure governed Sections 3-11-6 to 3-11-25, inclusive, of these rules govern practice and procedure before

the Treasurer or any division of the Office of the Treasurer, an individual division head or a hearing officer, and apply to all proceedings including contested cases and proceedings on petition for regulations or declaratory rulings under the applicable laws of the State of Connecticut, but excluding proceedings under Chapter 568 of the Connecticut General Statutes and except where by statute otherwise provided. (Effective December 28, 1993)

Sec. 3-11-7. Definitions The definitions provided by sec. 4-166, C.G.S., shall govern the interpretation and

application “sections 3-11-6 to 3-11-25, inclusive, of” these rules. In addition thereto and

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§3-11-8 State Treasurer

except as otherwise required by the context: (a) “Agency” refers to the Office of the Treasurer. (b) “Appellant” refers to a person who takes an appeal to the Treasurer from a decision

or ruling of a presiding officer. (c) “Applicant” is a party applying for any license, right or authority from the Treasurer. (d) “Treasurer” means the Treasurer of the State of Connecticut. (e) “Complainant” is any person who complains to the Treasurer of any act or omission

in violation of statutes or regulations within the jurisdiction of the Treasurer or an order of the Treasurer.

(f) “Contested case” means a proceeding in the Treasurer’s disposition of matters delegated to his jurisdiction by law in which the legal rights, duties, or privileges of a party are determined by the Treasurer after an opportunity for a hearing. The definition stated in sec. 4-166 (2) C.G.S. shall further define this term.

(g) “Hearing” means that portion of the Treasurer’s procedures in the disposition of matters delegated to his jurisdiction by law wherein an opportunity for presentation of evidence and argument occurs, which is preceded by due notice and which includes both an opportunity to present such written and oral testimony and argument as the presiding officer deems appropriate and an opportunity to examine and cross-examine any witness giving testimony therein. Any such hearing shall be a public hearing.

(i) “License” includes all forms of permission required by Chapter 32 of the General Statutes, and any other form of permit, certificate, approval, registration or charter whose administration has been delegated to the Treasurer by law, but it does not include a license required solely for revenue purposes.

(j) “Intervenor” means a person admitted as a participant in a contested case who is not designated a party.

(k) “Person” means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character, other than an agency as defined by section 4-166 (1), C.G.S., to which sections 3-11-6 to 3-11-25, inclusive, of these rules of practice may apply where appropriate to the context of the regulations herein set forth.

(l) “Petitioner” is a person who has filed a petition seeking relief from the Treasurer. (m) “Presiding officer” and “Hearing Officer” mean a person designated by the Treasurer

who presides at any hearing. (n) “Respondent” means a person against whom an order or a proceeding is directed.

(Effective December 28, 1993)

Sec. 3-11-8. Waiver of rules Where good cause appears, the Treasurer or any presiding officer may permit deviation

from sections 3-11-6 to 3-11-25, inclusive, of these rules, except where precluded by law. (Effective December 28, 1993)

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Regulations of Connecticut State Agencies TITLE 3. State Elective Officers

State Treasurer §3-11-12

Sec. 3-11-9. Construction and amendment Sections 3-11-6 to 3-11-25, inclusive, of these rules shall be construed by the Treasurer

and any presiding officer as to secure just, speedy, and inexpensive determination of the issues presented hereunder. Amendments and additions to sections 3-11-6 to 3-11-25, inclusive, of these rules may be adopted by the Treasurer by being duly promulgated as regulations in accordance with Chapter 54, C.G.S. (Effective December 28, 1993)

Sec. 3-11-10. Computation of time Computation of any period of time referred to in sections 3-11-6 to 3-11-25, inclusive,

of these rules begins with the first day following that on which the act which initiates such period of time occurs and ends on the last day of the period so computed. This last day of that period is to be included unless it is a day on which the Office of the Treasurer is closed, in which event the period shall run until the end of the next following business day. When such period of time, with the intervening Saturdays, Sundays, and legal holidays counted, is five (5) days or less, the said Saturdays, Sundays, and legal holidays shall be excluded from the computation; otherwise such days shall be included in the computation. (Effective December 28, 1993)

Sec. 3-11-11. Extension of time In the discretion of the Treasurer, or the presiding officer, for good cause shown, any

time limit prescribed or allowed by sections 3-11-6 to 3-11-25, inclusive, of these rules may be extended. All requests for extensions shall be made before the expiration of the period originally prescribed or as previously extended. The Treasurer shall cause all parties to be notified of the action upon any such motion. (Effective December 28, 1993)

Sec. 3-11-12. Effect of filing (a) The filing with the Office of the Treasurer of any application, petition, complaint, or

any other filing of any nature whatsoever shall not relieve any person of the obligation to comply with any statute, regulation or order of the Treasurer.

(b) Unless the Treasurer provides otherwise in writing, accepting the filing of any non- conforming petition, application, exhibit, annex, or document of any kind whatsoever, shall not be construed as a waiver of compliance with sections 3-11-6 to 3-11-25, inclusive, of these rules.

(c) Any petition or application filed for the purpose of securing from the Treasurer an approval or grant of permission under sections 3-11-6 to 3-11-25, inclusive, of these regulations and any supporting evidence annexed or filed as part of such petition or application shall be public records, except when expressly excluded by law. Such public records will include and not be limited to all written forms, required components, pre-filed

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§3-11-13 State Treasurer

testimony, exhibits, and other evidence attached to the application as part thereof. (Effective December 28, 1993)

Part 2

Formal Requirements

Sec. 3-11-13. Date of filing All orders, decisions, findings of fact, correspondence, motions, petitions, applications,

and any other documents governed by sections 3-11-6 to 3-11-25, inclusive, of these rules, shall be deemed to have been filed or received on the date on which they are issued or received by the Office of the Treasurer at its principal office, except as hereinafter provided. (Effective December 28, 1993)

Sec. 3-11-14. Identification of communications Communications should embrace only one matter and should contain the name and

address of the sender and an appropriate file reference to the subject of the communication. When the subject matter pertains to a proceeding pending before the Treasurer, the title of the proceeding and the docket number should be given. (Effective December 28, 1993)

Sec. 3-11-15. Signatures Every application, notice, motion, petition, brief, and memorandum shall be signed by

the filing person or by one or more attorneys in their individual names on behalf of the filing person. (Effective December 28, 1993)

Sec. 3-11-16. Formal requirements as to documents and other papers filed in proceedings

(a) Copies. Except for routine correspondence and inquiries by the public, and as may be otherwise required by sections 3-11-6 to 3-11-25, inclusive, of these rules or by any other rules or regulations of the Treasurer or as ordered or expressly requested by the Treasurer, at the time motions, petitions, applications, documents, or other papers are filed with the Treasurer, there shall be furnished to the Treasurer the original of such papers. In addition to the original, there shall also be filed four (4) copies for the use of the Treasurer, the staff, and the public, unless a greater or lesser number of such copies is expressly requested by the Treasurer.

(b) Form. Except for such forms as may from time to time be provided or adopted by the Treasurer and used where appropriate, all documents and papers including but not limited to motions, petitions, applications, notices, briefs, exhibits, and all other written materials filed for the purpose of any proceeding before the Treasurer shall be on only one

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Regulations of Connecticut State Agencies TITLE 3. State Elective Officers

State Treasurer §3-11-18

side of eight and one half by eleven inch (8 1/2″ x 11″) paper, unless printed, and shall be double spaced. Mimeographed, multigraphed, photoduplicated or similarly reproduced copies of typewritten originals will be accepted as typewritten, provided all copies filed are clear and permanently legible.

(c) Filing. All motions, petitions, applications, documents or other papers relating to matters requiring action by the Treasurer shall be filed with the Treasurer, at the principal office above mentioned.

(d) Failure to comply with the provisions of this section will constitute a deficiency in filing and will be subject to the regulations governing that contingency. (Effective December 28, 1993)

Sec. 3-11-17. Service (a) General rule. Service of all documents and other papers filed in all contested cases,

including but not limited to motions, petitions, applications, notices, briefs, and exhibits shall be by personal delivery or by first class mail, except as hereinafter provided.

(b) On whom served. In addition to the filing requirements of subsection (a) of the preceding section, one copy of each document served on the Treasurer in any proceeding shall be served on every person that has theretofore been designated a party in the proceeding. Certification of such service shall be endorsed on all documents and other papers when filed with the Treasurer.

(c) Service by the Treasurer. A copy of any documents or other papers served by the Treasurer showing the names and addresses to whom the document or other paper was mailed and the date of mailing shall be placed in the Treasurer’s files and shall be prima facie evidence of such service on the date thereof.

(d) Service as written notice. Written notice of all orders, decisions or authorizations, issued by the Treasurer, shall be given to all parties affected thereby and to such other person as the Treasurer may deem appropriate, by personal service upon such person or by first class mail, as the Treasurer determines. (Effective December 28, 1993)

Part 3

Requirements for Applications and Petitions, General Provisions

Sec. 3-11-18. General rule Petitions and applications shall include all proposals, requests, applications, petitions,

and filings of whatever nature that are placed before the Office of the Treasurer pursuant to law including, but not limited to, petitions for declaratory ruling, petitions for regulations, and applications for any license. (Effective December 28, 1993)

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Regulations of Connecticut State Agencies TITLE 3. State Elective Officers

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Sec. 3-11-19. Function of application The petition or application and annexed materials will be treated by the Treasurer as a

substantially complete statement of the case in chief of the applicant or petitioner. (Effective December 28, 1993)

Sec. 3-11-20. Required components, general (a) Form. The form to be followed in the filing of petitions and applications hereunder

will vary to the extent necessary to provide for the nature of the legal rights, duties or privileges involved therein. In addition to the special provisions for particular types of petitions and applications provided by sections 3-11-6 to 3-11-25, inclusive, of these regulations, all petitions and applications shall include the following components:

(1) Each petition or application shall incorporate a statement setting forth clearly and concisely the authorization or other relief sought. The statement shall cite by appropriate reference the statutory provision or other authority under which such authorization or relief is to be granted by the Treasurer.

(2) The exact legal name of each person seeking the authorization or relief and the address or principal place of business of each such person. If any applicant or petitioner is a corporation, trust association or other organized group, it shall also give the state under the laws of which it was created or organized.

(3) The name, title, address and telephone number of the attorney or other person to whom correspondence or communications in regard to the petition or application shall be addressed. Notice, orders and other papers may be served upon the person so named; and such service shall be deemed to be service upon the petitioner or applicant.

(4) A concise and explicit statement of the facts on which the Treasurer is expected to rely in granting, the authorization or other relief sought.

(5) An explanation of any unusual circumstances involved in the petition or application to which the Treasurer will be expected to direct particular attention, including the existence of emergency conditions or any request for the granting of interlocutory relief by way of an interim order in the proceeding.

(b) Annexed materials. There shall be attached to the petition or application and filed as part thereof any and all exhibits, sworn written testimony, data, and all other materials that the petitioner or applicant deems necessary or desirable to support the granting of the petition or application. In addition, such annexed materials shall also include such exhibits, sworn written testimony, and other data that any statute or sections 3-11-6 to 3-11-25, inclusive, of these rules may require for the lawful determination of the petition or application.

(c) Additional evidence submitted. The enumeration of required items herein set forth as the minimum evidentiary submission shall not preclude the submission of additional evidence with the petition or application. (Effective December 28, 1993)

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Regulations of Connecticut State Agencies TITLE 3. State Elective Officers

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Sec. 3-11-21. Original records When so required, the petitioner or applicant shall furnish and make available for the use

of the Treasurer the original books, papers, and documents from which any evidence supporting the granting of the petition or application is derived. Failure to furnish records as directed may be grounds for rejecting any component and, if appropriate, for the entry of a decision denying the petition or application. (Effective December 28, 1993)

Sec. 3-11-22. Fees (a) All application fees or other charges required or authorized by law shall be paid to

the Treasurer by check or money order made payable to the Treasurer, State of Connecticut, at the time that the application is filed. Unless otherwise required by law, he may return it, with any fee that was submitted with it, to the applicant for correction. (Effective December 28, 1993)

Sec. 3-11-23. Date of filing, components, deficiencies (a) The date of filing of any application with the Treasury shall be the date that the

application is received by the Treasurer. (b) An application shall consist of all of the required components and any special

components set forth in sections 3-11-6 to 3-11-25, inclusive, of these regulations. (c) Any application or petition which is incomplete or not in conformity with sections

3-11-6 to 3-11-25, inclusive, of these regulations may be rejected by the Treasurer. (Effective December 28, 1993)

Part 4

Requirements for Applications and Petitions, Special Provisions

Sec. 3-11-24. Petition requesting the promulgation, amendment or repeal of regulations

(a) General. Any interested person may at any time petition the Treasurer requesting the promulgation, amendment or repeal of a regulation.

(b) Form. The petition shall conform to the general provisions of sections 3-11-6 to 3- 11-25, inclusive, of these regulations where applicable and, in addition, shall set forth clearly and concisely the text of the proposed regulation or amendment or the provisions sought to be repealed. The petition shall also state the facts and arguments on which the petitioner relies either in the petition or in a brief annexed thereto.

(c) Decision on petition. Upon receipt of the petition, the Treasurer shall within thirty (30) days determine whether to deny the petition or to initiate regulation making proceedings in accordance with law.

(d) Procedure on denial. If the Treasurer denies the petition, the Treasurer shall give

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§3-11-25 State Treasurer

the petitioner notice in writing, stating the reasons for the denial. (Effective December 28, 1993)

Sec. 3-11-25. Petition for declaratory ruling (a) General. In addition to the provisions of Chapter 54, sections 3-11-6 to 3-11-25,

inclusive, of these rules set forth the procedure to be followed by the Treasurer in the disposition of petitions for declaratory rulings as to the applicability of any statutory provision or of any regulation or order of the Treasurer.

(b) Form of petition for declaratory ruling. Any interested person may at any time petition for a declaratory ruling from the Treasurer with respect to the applicability to such petitioner of any statute, regulation or order enforced, administered, or promulgated by the Treasurer. Such petition shall be filed in accordance with the applicable provisions of sections 3-11-6 to 3-11-25, inclusive, of these regulations and shall in addition:

(1) state clearly and concisely the substance and nature of the request; (2) identify the statute, regulation or order concerning which the inquiry is made; and (3) identify the particular aspect thereof to which the inquiry is directed. The petition

for a declaratory ruling shall be accompanied by a statement of any supporting data, facts, and arguments that support the position of the person making the inquiry.

(c) Notice to other persons. Within thirty days after receipt of a petition for a declaratory ruling, the Treasurer shall give notice to all persons entitled to notice under any provision of law, and to all persons who have requested notice of declaratory ruling petitions on the subject matter of the petition. The Treasurer may give notice to such other persons as he deems appropriate.

(d) Additional parties; intervenors. (1) Petitions to become a party or to intervene in declaratory ruling proceedings shall be

filed within forty-five days after receipt by the Treasurer of the petition for declaratory ruling. Any petition to become a party or to intervene shall be submitted in writing to the Treasurer, with copies sent to all parties and intervenors.

(2) A petition to become a party shall state the facts that demonstrate that the petitioner’s legal rights, duties or privileges are affected by issuance of a declaratory ruling.

(3) A petition to intervene shall state facts that demonstrate that the petitioner’s participation is in the interests of justice and will not impair the orderly conduct of the proceedings.

(4) The Treasurer will rule on petitions to become a party and petitions to intervene within fifteen days after receipt. Notice of such decision will be given to the petitioner and all parties and intervenors.

(e) Submission of information where no hearing held. The Treasurer may accept written statements of data, facts, argument or opinion from any party or intervenor, and from the agency. The Treasurer may require such statements to be filed under oath. All statements submitted shall be available to the public for inspection and copying, except as otherwise provided by federal law or the general statutes. Written statements filed under

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this section shall be submitted to the Treasurer within sixty days after receipt of the petition for declaratory ruling, but the Treasurer, in his discretion, may grant additional time for filing.

(f) Hearing. Within sixty days after receipt of a petition for declaratory ruling the Treasurer shall determine whether or not to hold a hearing. If a hearing is to be held notice of the time, place and nature of the hearing shall be sent to all parties and intervenors and the provisions of Sections 4-177c (b), 4-178 and 4-179 of the general statutes shall apply to the proceeding.

(g) Action on petition where no hearing held. Within sixty days after receipt of a petition for declaratory ruling, where no hearing is to be held, the Treasurer shall in writing:

(1) Issue a declaratory ruling; (2) Order further specified proceedings; (3) Agree to issue a declaratory ruling by a specific date; (4) Decide not to issue a declaratory ruling and initiate regulation-making proceedings;

or (5) Decide not to issue a declaratory ruling, stating his reasons for taking such action. A copy of any written decision issued under this Section shall be served on all parties

and intervenors as provided in § 3-11-17 (d). (Effective December 28, 1993)

Article III

Personal Data

Sec. 3-11-26. Definitions The following definitions shall apply to sections 3-11-26 to 3-11-33, inclusive of these

regulations: (a) “Category of Personal Data” means the classifications of personal information set

forth in the Personal Data Act, Conn. Gen. Stat. 4-190 (9). (b) “Other Data” means any information which because of name, identification number,

mark or description can be readily associated with a particular person. (c) Terms defined in Conn. Gen. Stat. Sec. 4-190 shall apply to sections 3-11-26 to 3-

11-33, inclusive of these regulations. (Effective December 28, 1993)

Sec. 3-11-27. General nature and purpose of personal data The Office of the Treasurer maintains the following personal data systems: (a) Personnel Records (1) All personnel records are maintained in the Personnel Office, Office of the Treasurer,

55 Elm Street, Hartford, Connecticut. (2) Personnel records are maintained in manual and automated form. (3) Personnel records are maintained for the purpose of retaining payroll, health,

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discipline and related personnel information concerning employees of the Office of the Treasurer.

(4) Personnel records are the responsibility of the Personnel Office, Office of the Treasurer, Hartford, Connecticut. All requests for disclosure or amendment of these records shall be directed to the Personnel Administrator.

(5) Routine sources for information retained in personnel records include the employee, previous employers of the employee, references provided by applicants for employment, the employee’s supervisor, the Comptroller’s Office, the Department of Administrative Services, and State insurance carriers.

(6) Personal data in personnel records is collected, maintained and used under authority of the State Personnel Act, sections 5-193 to 5-268, inclusive, of the Connecticut General Statutes.

(b) Second Injury Records (1) Second Injury Fund records are maintained at the Office of the Treasurer, 55 Elm

Street, Hartford, Connecticut or at an off-site storage facility in accordance with the State’s policy on records retention or disposition.

(2) Second Injury Fund records are maintained in manual and automated form. (3) Second Injury Fund records are maintained to provide a complete inventory of all

data required to process and document payment of claims under the jurisdiction of the Treasurer in the Treasurer’s role as Custodian of the Second Injury Fund. In addition, records are maintained to document the fraudulent receipt of payments in regard to claims under the jurisdiction of the Second Injury Fund.

(4) The Assistant Treasurer, Second Injury Fund Division, Office of the Treasurer is responsible for maintaining Second Injury Fund records. All requests for disclosure or amendment of these records shall be directed to the Assistant Treasurer, Second Injury Fund.

(5) The routine sources of information retained in Second Injury Fund records are documents filed by parties of interest to a claim under the jurisdiction of the Second Injury Fund.

(6) Second Injury Fund records are collected, maintained, and used under the authority of the Workers’ Compensation Act, sections 31-275 to 31-355b, inclusive, of the Connecticut General Statutes.

(c) Investment Portfolio Manager Records (1) All investment portfolio manager records are maintained in the Pension Funds

Management Division, Office of the Treasurer, 55 Elm Street, Hartford, Connecticut or at an off-site storage facility in accordance with the State’s policy on records retention or disposition.

(2) Investment portfolio manager records are maintained in manual and automated form. (3) Investment portfolio manager records are maintained in order to provide a record of

the qualifications and employment and educational history of managers retained by the Treasurer.

(4) Investment portfolio manager records are the responsibility of the Chief Investment

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Officer. All requests for disclosure or amendment of these records should be directed to the Chief Investment Officer.

(5) The routine sources for information retained in investment portfolio manager records are SEC Form ADV, submitted by managers in compliance with federal regulations, and documents submitted by managers during a procurement or investment search process.

(6) Investment portfolio manager records are collected, maintained and used under the authority of section 3-13a of the Connecticut General Statutes.

(d) Unclaimed Property Records (1) All unclaimed property records are maintained in the Unclaimed Property Division,

Office of the Treasurer, 55 Elm Street, Hartford, Connecticut or at an off-site storage facility in accordance with the State’s policy on records retention or disposition.

(2) Unclaimed property records are maintained in manual and automated form. (3) Unclaimed property records are maintained in order to provide a current listing of

abandoned property which has been delivered to the Treasurer and has not been claimed by its owner, and to document payments made by the Treasurer to persons filing claims for recovery of abandoned property.

(4) Unclaimed property records are the responsibility of the Assistant Treasurer, Unclaimed Property. All requests for disclosure or amendment of these records should be directed to the Assistant Treasurer, Unclaimed Property.

(5) Routine sources for information retained in unclaimed property records are holder reports filed pursuant to section 3-65a of the Connecticut General Statutes and documents including claim forms filed by claimants for recovery of abandoned property.

(6) Unclaimed property records are collected, maintained and used under the authority of sections 3-56a to 3-74a, inclusive, of the Connecticut General Statutes, the state’s Unclaimed Property Law. (Effective December 28, 1993; Amended September 13, 2016)

Sec. 3-11-28. Categories of personal data (a) Personnel Records (1) The following categories of personal data may be maintained in personnel records: (A) Educational records. (B) Medical or emotional condition or history. (C) Employment or business history. (D) Other reference records. (E) Family or personal relationship records. (F) Addresses and telephone numbers. (2) Personnel records are maintained on employees of the Office of the Treasurer and

applicants for employment with the Office of the Treasurer. (b) Second Injury Fund Records (1) The following categories of personal data may be maintained in Second Injury Fund

records:

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(A) Social Security numbers. (B) Federal tax identification numbers. (C) Addresses. (D) Financial records. (E) Medical or emotional history records. (F) Employment or business records. (G) Family or personal relationship records. (2) The following categories of other records may be maintained in Second Injury Fund

records: (A) Legal documents, including court records, Workers’ Compensation Commission

records, and agreements. (B) Attorney information. (C) Investigation and surveillance reports. (3) Second Injury Fund records are maintained on individuals seeking or receiving

payment for workers’ compensation claims under the jurisdiction of the Second Injury Fund. In addition, records are kept on employers of claimants receiving compensation payments from the Second Injury Fund.

(c) Investment Portfolio Manager Records (1) The following categories of personal data may be maintained in investment portfolio

manager records: (A) Social Security numbers. (B) Federal tax identification numbers. (C) Educational background. (D) Employment and business history. (E) Addresses. (2) Investment portfolio manager records are maintained on applicants seeking positions

as investment portfolio managers retained by the Treasurer. (d) Unclaimed Property Records (1) The following categories of personal data may be maintained in unclaimed property

records: (A) Social Security numbers. (B) Federal tax identification numbers. (C) Addresses. (D) Financial records. (E) Family or personal relationship records. (2) The following categories of other data may be maintained in unclaimed property

records: Legal documents, including probate court records, wills and powers of attorney. (3) Unclaimed property records are maintained on owners of abandoned property,

including but not limited to persons filing claims for recovery of abandoned property. (Effective December 28, 1993; Amended September 13, 2016)

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Sec. 3-11-29. Maintenance of personal data (a) Personal data will not be maintained unless relevant and necessary to accomplish the

lawful purposes of the Office of the Treasurer. Where the Office of the Treasurer finds irrelevant or unnecessary public records in its possession, the Department shall dispose of the records in accordance with its records retention schedule and with the approval of the Public Records Administrator as per Conn. Gen. Stat. Sec. 11-8a, or if the records are not disposable under the record retention schedule, request permission from the Public Records Administrator to dispose of the records under Conn. Gen. Stat. Sec. 11-8a.

(b) The Office of the Treasurer will collect and maintain all records with accurateness and completeness.

(c) Insofar as it is consistent with its needs and mission, the Office of the Treasurer wherever practical, shall collect personal data directly from the persons to whom a record pertains.

(d) The Office of the Treasurer employees involved in the operation of the Agency’s personal data systems will be informed of the provisions of (1) the Personal Data Act, (2) the Agency’s regulations adopted pursuant to Sec. 4-196, (3) the Freedom of Information Act and (4) any other state or federal statute or regulations concerning maintenance or disclosure of personal data kept by the Agency.

(e) All Office of the Treasurer employees shall take reasonable precautions to protect personal data under their custody from the danger of fire, theft, flood, natural disaster and other physical threats.

(f) The Office of the Treasurer shall incorporate by reference the provisions of the Personal Data Act and regulations promulgated thereunder in all contracts, agreements or licenses for the operation of a personal data system or for research, evaluation and reporting of personal data for the Agency or on its behalf.

(g) When requesting personal data from any other state agency, the Office of the Treasurer shall have an independent obligation to insure that the personal data is properly maintained.

(h) Only employees who have a specific need to review personal data records for lawful purposes of the Agency shall be entitled to access to such records under the Personal Data Act.

(i) The Office of the Treasurer will keep a written up-to-date list of individuals entitled to access to each of the Agency’s personal data systems.

(j) The Office of the Treasurer will insure against unnecessary duplication of personal data records. In the event it is necessary to send personal data records through interdepartmental mail, such records will be sent in envelopes or boxes sealed and marked “confidential.”

(k) The Office of the Treasurer will insure that all records in the manual personal data systems are kept under lock and key and, to the greatest extend practical, kept in controlled access areas.

(l) With respect to automated personal data systems the Office of the Treasurer shall:

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(1) To the greatest extent practical, locate automated equipment and records in a limited access area.

(2) To the greatest extent practical, require visitors to such area to sign a visitor’s log and permit access to said area on a bona-fide need-to-enter basis only.

(3) To the greatest extent practical, insure that the regular access to automated equipment is limited to operations personnel; and

(4) Utilize appropriate access control mechanisms to prevent disclosure of personal data to unauthorized individuals. (Effective December 28, 1993)

Sec. 3-11-30. Disclosure of personal data (a) Within four business days of receipt of a written request therefor, the Office of the

Treasurer shall mail or deliver to the requesting individual a written response in plain language, informing him/her as to whether or not the Agency maintains personal data on that individual, the category and location of the personal data maintained on that individual and procedures available to review the records.

(b) Except where nondisclosure is required or specifically permitted by law, the Office of the Treasurer shall disclose to any person upon written request all personal data concerning that individual which is maintained by the Office. The procedures for disclosures shall be in accordance with the Freedom of Information Act, sections 1-200 to 1-242, inclusive, of the Connecticut General Statutes. If the personal data is maintained in coded form, the Office of the Treasurer shall transcribe the data into a commonly understandable form before disclosure.

(c) The Office of the Treasurer is responsible for verifying the identity of any person requesting access to his/her own personal data.

(d) The Office of the Treasurer is responsible for ensuring that disclosure made pursuant to the Personal Data Act is conducted so as not to disclose any personal data concerning persons other than the person requesting the information.

(e) The Office of the Treasurer may refuse to disclose to a person medical, psychiatric or psychological data on that person if the agency determines that such disclosure would be detrimental to that person.

(f) In any case where the Office of the Treasurer refuses disclosure, it shall advise that person of his/her right to seek judicial relief pursuant to the Personal Data Act.

(g) If the Office of the Treasurer refuses to disclose medical, psychiatric or psychological data to a person based on its determination that disclosure would be detrimental to that person and non-disclosure is not mandated by law, the Agency shall, at the written request of such person, permit a qualified medical doctor to review the personal data contained in the person’s record to determine if the personal data should be disclosed. If disclosure is recommended by the person’s medical doctor, the agency shall disclose the personal data to such person; if nondisclosure is recommended by such person’s medical doctor, the Agency shall not disclose the personal data and shall inform such person of the judicial

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relief provided under the Personal Data Act. (h) The Office of the Treasurer shall maintain a complete log of each person, individual,

agency or organization who has obtained access or to whom disclosure has been made of personal data under the Personal Data Act, together with the reason for each such disclosure or access. This log shall be maintained for not less than five years from the date of such disclosure or access or for the life of the personal data record, whichever is longer. (Effective December 28, 1993; Amended September 13, 2016)

Sec. 3-11-31. Contesting the content of personal data records (a) Any person who believes that the Office of the Treasurer is maintaining inaccurate,

incomplete or irrelevant personal data concerning him/her may file a written request with the Agency for correction of said personal data.

(b) With 30 days of receipt of such request, the Office of the Treasurer shall give written notice to that person that it will make the requested correction, or if the correction is not to be made as submitted, the agency shall state the reason for its denial of such request and notify the person of his/her right to add his own statement to his/her personal data records.

(c) Following such denial by the Office of the Treasurer, the person requesting such correction shall be permitted to add a statement to his or her personal data records setting forth what that person believes to be an accurate, complete and relevant version of the personal data in question. Such statements shall become a permanent part of the Agency’s personal data system and shall be disclosed to any individual, agency or organization to which the disputed data is disclosed. (Effective December 28, 1993)

Sec. 3-11-32. Uses to be made of the personal data (a) Personnel Records (1) Personnel records are routinely used for evaluating the qualifications of employment

applicants, for processing promotions, reclassifications, transfers to another agency, retirements, and other personnel actions, and for evaluating the work performance of employees of the Office of the Treasurer. Users include the Personnel Administrator and other state officers and employees with responsibility for evaluating the work performance of employees of the agency, and others where permitted or required by law.

(2) The Office of the Treasurer retains personnel records according to guidelines published by the Public Records Administrator, Connecticut State Library.

(b) Second Injury Fund Records (1) Second Injury Fund records are used by the Treasurer to fulfill his statutory duties

as Custodian of the Second Injury Fund under the provisions of the Workers’ Compensation Act including but not limited to:

(A) For processing the payment of compensation claims under the Second Injury Fund statutes.

(B) For use by the Attorney General’s Office in representing the Second Injury Fund in

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legal proceedings, and informal and formal hearings before the Workers’ Compensation Commission.

(C) For the collection of monies due the Second Injury Fund by employers on whose behalf payment of compensation was made.

(D) For the purpose of making assessments on employers and insurance carriers acting on behalf of employers to finance the operations of the Second Injury Fund.

(E) For the investigation of fraudulent claims made against the Second Injury Fund. Users include the Assistant Treasurer and employees of the Second Injury Fund who assist the Treasurer in his role as custodian of the Second Injury Fund, employees of the Attorney General’s Office who act as the Second Injury Fund’s legal representative, and others permitted by law.

(2) The Office of the Treasurer, Second Injury Fund division, keeps a permanent record of all files created pursuant to the Connecticut General Statutes, Chapter 568, the Worker’s Compensation Act, Sec. 275 et seq. All Second Injury Fund records are maintained according to the guidelines published by the Public Records Administrator, Connecticut State Library.

(c) Investment Portfolio Manager Records (1) Investment portfolio manager records are used by the Treasurer in the process of

evaluating applicants seeking positions as investment portfolio managers. Users include the Chief Investment Officer and employees in the Pension Funds Management Division who assist the Treasurer in selecting investment portfolio managers and others where permitted or required by law.

(2) The Office of the Treasurer retains investment portfolio manager records according to guidelines published by the Public Records Administrator, Connecticut State Library.

(d) Unclaimed Property Records (1) Unclaimed property records are used by the Treasurer to fulfill his statutory duties

under the Unclaimed Property Law including but not limited to: (A) Annual publication of notice of property presumed abandoned and transferred to the

Treasurer in the previous year; (B) Formal escheat proceedings; (C) Evaluation of claims filed for recovery of abandoned property; and (D) Examination of holders of abandoned property. Users include the Unclaimed

Property Administrator and employees in the Unclaimed Property Unit who assist the Treasurer in fulfilling the above duties, and others where permitted or required by law.

(2) The Office of the Treasurer keeps a permanent record of all holder reports filed pursuant to Conn. Gen. Stat. § 3-65a, and retains all other unclaimed property records according to guidelines published by the Public Records Administrator, Connecticut State Library.

(e) When an individual is asked to supply personal data to the Office of the Treasurer the agency shall disclose to that individual, upon request:

(1) The name of the Agency and division within the Agency requesting the personal data;

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(2) The legal authority under which the Office of the Treasurer is empowered to collect and maintain the personal data;

(3) The individual’s rights pertaining to such records under the Personal Data Act and agency regulations;

(4) The known consequences arising from supplying or refusing to supply the requested personal data;

(5) The proposed use to be made of the requested personal data. (Effective December 28, 1993; Amended September 13, 2016)

Sec. 3-11-33. Availability of regulations All the regulations and currently pending proposed regulations of the Office of the

Treasurer shall be available for inspection during normal business hours at the Treasurer’s principal office. Copies of all such regulations shall be available to any person on request. The Treasurer may charge a reasonable fee for each copy. (Effective December 28, 1993)

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