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Hearing officer admits several demonstrative exhibits, orders backup data; disallows others
Summary
During a contested administrative hearing over competing EMS provider proposals for Wethersfield, the hearing officer ruled on a set of late-filed demonstrative exhibits — admitting some as full exhibits subject to required backup documentation and denying or reserving others after objections from opposing counsel.
The hearing officer presiding over the Wethersfield EMS provider proceeding on document number 24Dash003 admitted multiple demonstrative exhibits on the record on motions from counsel but required that backup documentation be attached before the exhibits are finalized.
The ruling came after repeated objections from other attorneys that the documents were being offered late and without a sponsoring author to lay foundation. The hearing officer said, “I'm going to admit exhibit f f f as a full exhibit. And, again, I will give it its due wait,” and later ordered that the backup data used to create exhibit EEE (a PSA coverage map) and exhibit FFF (an ALS ratio chart) be attached so the record includes the underlying sources.
Why it matters: several of the disputed exhibits bear on operational capacity and call volumes for competing providers — issues the parties say are central to whether Aetna Ambulance or the local provider WEMSA should be designated. Counsel for opposing parties argued the exhibits were untimely, lacked foundation, and would expand the hearing if their creators had to be called.
The key rulings and procedural directions - The hearing officer refused to admit Exhibit DDD (a proposed Connecticut Senate bill) as irrelevant, saying, “I'm not going to allow exhibit DDD. I just don't see the relevance in a in a bill that was never passed.” - The hearing officer allowed Exhibit EEE (a PSA coverage map purporting to show Hartford HealthCare and Prospect Medical footprints) as a full exhibit but ordered counsel to attach the data source used to create the map and then re-submit a replacement exhibit with that backup attached. - Exhibit FFF (a demonstrative chart showing an ALS ratio comparison for Aetna vs. a statewide average) was admitted as a full exhibit; the hearing officer again required that the pages or data used to support the chart be attached. - The WEMSA exhibit GGG (call-volume data the party said came from the Department of Public Health) was withdrawn by the offering counsel during objections about timeliness and foundation. - Exhibit HHH (the 2024 Secretary of State annual report for Aetna Ambulance Service Inc.) was admitted as a full exhibit by administrative notice; counsel had requested it be placed in the record for ease of reference. - Exhibit III (the Office of Health Strategy report on short-term acute care hospital finances for FY2022) was admitted as a full exhibit; counsel indicated they would direct the witness to specific pages showing organizational charts. - Bankruptcy-related filings offered as a set of exhibits (labeled JJJ and similar) were discussed extensively. The hearing officer said those documents would be considered as part of a separate motion for stay but would not be admitted as exhibits at that time. - The proposed KKK exhibit (a map of Hartford HealthCare urgent care centers) was not admitted because the hearing officer concluded it would “lead to more confusion than assistance.”
What the participants said - Attorney Moore Lenhart (offering counsel) argued the demonstratives were “a matter of public record” and relevant to cross-examining the applicant’s expert, saying the materials showed the “facilities, and it also indicates the resources that are are going to be drawn upon because of the PSA obligations in that mapped area.” - Opposing counsel repeatedly objected that the exhibits lacked foundation or a sponsoring witness and that admitting late materials would require repeated continuances to allow additional testimony and rebuttal.
Next steps and record management The hearing officer directed counsel offering Exhibits EEE and FFF to amend those exhibits to attach the underlying source data (for the map and the ALS ratio chart) and to replace the older versions on the record with the amended versions. The hearing officer said the amended exhibits need not be re-marked as amended but must be filed so the record contains the backup documentation. The officer also indicated he would “give [each admitted exhibit] its due weight” when evaluating them.
Ending note: the episode illustrated the hearing officer’s effort to balance admissibility rules and the parties’ need to cross-examine on documents that address operational capacity. Counsel for the parties repeatedly said admitting late demonstratives would expand the hearing if the parties had to call the creators as witnesses; the hearing officer allowed several demonstratives but required the underlying data be supplied to preserve the parties’ ability to test their accuracy.
