Connecticut Department of Public Health hearing in Penland case postponed after respondent fails to appear

Hearing Officer Aden Baum granted a continuance at 10:01 a.m. May 12, 2025, in a Connecticut Department of Public Health administrative hearing on a complaint against Diane Penland, docket number 2023-1156, after the respondent did not appear and defense counsel requested more time.

The request came from Attorney William Kellogg, counsel for the respondent. Kellogg told the hearing that he had "tried to reach Miss Penland for the prior 5 days" and asked for additional time so she could participate, saying, "it'll be prejudicial to her if a hearing goes forward and she's not present and able to participate." The Department initially objected to the continuance but, after a brief conversation with counsel shortly before the hearing, agreed to postpone.

Kirni Pizzina, a Department representative, said, "earlier this morning, we first learned of this request, and, you know, we we objected," and added that the parties spoke about the request about 10 minutes before the hearing. Pizzina then indicated the Department "would agree to a continuance" following that discussion. Hearing Officer Baum responded, "In that case, then I will grant the request," and asked parties whether they were prepared to set a new date.

Counsel noted scheduling constraints: Kellogg said two potential witnesses, identified as Mr. Ryan and Ms. Vitale, are practicing clinicians whose schedules must be accommodated. Baum directed the parties to consult about available dates and temporarily took the hearing off the record for five minutes to discuss rescheduling, indicating they would look at possible dates in June.

No formal evidence was taken and no decision on the underlying complaint was made at the May 12 proceeding. The continuance simply postpones the hearing; the parties will meet to set a new date and return to the Department for further proceedings.