PROCESS SERVER LAWS & REQUIREMENTS IN CONNECTICUT 

Appended Applicable Provisions: 

  • Connecticut General Statute § 52-50 – persons to whom process shall be directed
  • Connecticut General Statute § 52-50 – state marshal may make special deputation
  • Connecticut General Statute § 52-261 – fees and expenses of officers and persons serving process or performing other duties
  • Connecticut General Statute § 6-32 – duties (of state marshals)
  • Connecticut General Statute § 6-38a – state marshal. Authority to provide legal execution and service of process
  • Connecticut General Statute § 6-38b – State Marshal Commission. Members. Regulations. Duties. Appointment of state marshal to fill vacancy.
  • Connecticut General Statute § 6-38e – review and audit of records and accounts of state marshals by State Marshal Commission
  • Connecticut General Statute § 6-38f – State Marshal Commission to appoint state marshals.
  • Connecticut General Statute § 6-38h – political contribution to appointing authority for State Marshal Commission affects eligibility for appointment as state marshal.
  • Connecticut General Statute § 6-38m – annual fee to State Marshal Commission
  • Connecticut Agencies Regs. § 6-38b-1 – qualifications
  • Connecticut Agencies Regs. § 6-38b-2 – application
  • Connecticut Agencies Regs. § 6-38b-3 – examination
  • Connecticut Agencies Regs. § 6-38b-4 – training
  • Connecticut Agencies Regs. § 6-38b-5 – appointment 
  • Connecticut Agencies Regs. § 6-38b-6 – standards of conduct
  • Connecticut Agencies Regs. § 6-38b-7 – investigations
  • Connecticut Agencies Regs. § 6-38b-8 – disciplinary actions
  • Connecticut Agencies Regs. § 6-38b-9 – hearing procedure
  • Connecticut Agencies Regs. § 6-38b-10 – minimum fees for service of process and execution

Connecticut General Statute § 52-50 – persons to whom process shall be directed 

Conn. Gen. Stat. § 52-50 (2008)
§ 52-50. Persons to whom process shall be directed. 

(a) All process shall be directed to a state marshal, a constable, process server or other proper officer authorized by statute, or, subject to the provisions of subsection (b) of this section, to an indifferent person. A direction on the process “to any proper officer” shall be sufficient to direct the process to a state marshal, constable or other proper officer. 

(b) Process shall not be directed to an indifferent person unless more defendants than one are named in the process and are described to reside in different counties in the state, or unless, in case of a writ of attachment, the plaintiff or one of the plaintiffs, or his or their agent or attorney, makes oath before the authority signing the writ that the affiant truly believes the plaintiff is in danger of losing his debt or demand unless an indifferent person is deputed for the immediate service of the writ or other process. The authority signing the writ shall certify on the writ that he administered the oath and insert in the writ the name of the person to whom it is directed, but he need not insert the reason for such direction. Any process directed to an indifferent person by reason of such an affidavit shall be abatable on proof that the party making the affidavit did not have reasonable grounds, at the time of making it, for believing the statements in the affidavit to be true. 

(c) Service of motions for modification, motions for contempt and wage withholdings in any matter involving a beneficiary of care or assistance from the state and in other IV-D child support cases may be made by any investigator employed by the Commissioner of Administrative Services or the Commissioner of Social Services. 

(d) Service of motions for modification, motions for contempt and wage withholdings in any matter involving child support, including, but not limited to, petitions for support authorized under sections 17b-745 and 46b-215, and those matters involving a beneficiary of care or assistance from the state, may be made by a support enforcement officer or support services investigator of the Superior Court. 

(e) Borough bailiffs may, within their respective boroughs, execute all legal process which state marshals or constables may execute. 

Connecticut General Statute § 52-53 – state marshal may make special deputation 

Conn. Gen. Stat. § 52-53 (2008)
§ 52-53. State marshal may make special deputation. 

A state marshal may, on any special occasion, depute, in writing on the back of the process, any proper person to serve it. After serving the process, such person shall make oath before a justice of the peace that he or she faithfully served the process according to such person’s endorsement thereon and did not fill out the process or direct any person to fill it out; and, if such justice of the peace certifies on the process that such justice of the peace administered such oath, the service shall be valid. 

Connecticut General Statute § 52-261 – fees and expenses of officers and persons serving process or performing other duties 

Conn. Gen. Stat. § 52-261 (2008)
§ 52-261. Fees and expenses of officers and persons serving process or performing other duties. 

(a) Except as provided in subsection (b) of this section and section 52-261a, each officer or person who serves process, summons or attachments shall receive a fee of not more than thirty dollars for each process served and an additional fee of thirty dollars for the second and each subsequent service of such process, except that such officer or person shall receive an additional fee of ten dollars for each subsequent service of such process at the same address or for notification of the office of the Attorney General in dissolution and post judgment proceedings if a party or child is receiving public assistance. Each such officer or person shall also receive the fee set by the Department of Administrative Services for state employees for each mile of travel, to be computed from the place where such officer or person received the process to the place of service, and thence in the case of civil process to the place of return. If more than one process is served on one person at one time by any such officer or person, the total cost of travel for the service shall be the same as for the service of one process only. Each officer or person who serves process shall also receive the moneys actually paid for town clerk’s fees on the service of process. Any officer or person required to summon jurors by personal service of a warrant to attend court shall receive for the first ten miles of travel while so engaged, such mileage to be computed from the place where such officer or person receives the process to the place of service, twenty-five cents for each mile, and for each additional mile, ten cents. For summoning any juror to attend court otherwise than by personal service of the warrant, such officer or person shall receive only the sum of fifty cents and actual disbursements necessarily expended by such officer or person in making service thereof as directed. Notwithstanding the provisions of this section, for summoning grand jurors, such officer or person shall receive only such officer’s or person’s actual expenses and such reasonable sum for services as are taxed by the court. The following fees shall be allowed and paid: (1) For taking bail or bail bond, one dollar; (2) for copies of writs and complaints, exclusive of endorsements, one dollar per page, not to exceed a total amount of nine hundred dollars in any particular matter; (3) for endorsements, forty cents per page or fraction thereof; (4) for service of a warrant for the seizure of intoxicating liquors, or for posting and leaving notices after the seizure, or for the destruction or delivery of any such liquors under order of court, twenty dollars; (5) for the removal and custody of such liquors so seized, reasonable expenses, and twenty dollars; (6) for the levy of an execution, when the money is actually collected and paid over, or the debt or a portion of the debt is secured by the officer, fifteen per cent on the amount of the execution, provided the minimum fee for such execution shall be thirty dollars; (7) on the levy of an execution on real property and on application for sale of personal property attached, to each appraiser, for each half day of actual service, reasonable and customary expenses; (8) for causing an execution levied on real property to be recorded, fees for travel, twenty dollars and costs; (9) for services on an application for the sale of personal property attached, or in selling mortgaged property foreclosed under a decree of court, the same fees as for similar services on executions; (10) for committing any person to a community correctional center, in civil actions, twenty-one cents a mile for travel, from the place of the court to the community correctional center, in lieu of all other expenses; and (11) for summoning and attending a jury for reassessing damages or benefits on a highway, three dollars a day. The court shall tax as costs a reasonable amount for the care of property held by any officer under attachment or execution. The officer serving any attachment or execution mayclaim compensation for time and expenses of any person, in keeping, securing or removing property taken thereon, provided such officer shall make out a bill. The bill shall specify the labor done, and by whom, the time spent, the travel, the money paid, if any, and to whom and for what. The compensation for the services shall be reasonable and customary and the amount of expenses and shall be taxed by the court with the costs. 

(b) Each officer or person shall receive the following fees: (1) For service of an execution on a summary process judgment, not more than fifty dollars; and (2) for removal under section 47a-42 of a defendant or other occupant bound by a summary process judgment, and the possessions and personal effects of such defendant or other occupant, not more than seventy-five dollars per hour. 

Connecticut General Statute § 6-32 – duties (of state marshals) 

Conn. Gen. Stat. § 6-32 (2008) § 6-32. Duties. 

Each state marshal shall receive each process directed to such marshal when tendered, execute it promptly and make true return thereof; and shall, without any fee, give receipts when demanded for all civil process delivered to such marshal to be served, specifying the names of the parties, the date of the writ, the time of delivery and the sum or thing in demand. If any state marshal does not duly and promptly execute and return any such process or makes a false or illegal return thereof, such marshal shall be liable to pay double the amount of all damages to the party aggrieved. Conn. Gen. Stat. § 6-38b (2008) 

Connecticut General Statute § 6-38a – state marshal. Authority to provide legal execution and service of process 

Conn. Gen. Stat. § 6-38a (2008)
§ 6-38a. State marshal. Authority to provide legal execution and service of process. 

(a) For the purposes of the general statutes, “state marshal” means a qualified deputy sheriff incumbent on June 30, 2000, under section 6-38 or appointed pursuant to section 6-38b who shall have authority to provide legal execution and service of process in the counties in this state pursuant to section 6-38 as an independent contractor compensated on a fee for service basis, determined, subject to any minimum rate promulgated by the state, by agreement with an attorney, court or public agency requiring execution or service of process. 

(b) Any state marshal, shall, in the performance of execution or service of process functions, have the right of entry on private property and no such person shall be personally liable for damage or injury, not wanton, reckless or malicious, caused by the discharge of such functions. 

Connecticut General Statute § 6-38b – State Marshal Commission. Members. Regulations. Duties. Appointment of state marshal to fill vacancy. 

§ 6-38b. State Marshal Commission. Members. Regulations. Duties. Appointment of state marshal to fill vacancy. 

(a) There is established a State Marshal Commission which shall consist of eight members appointed as follows: (1) The Chief Justice shall appoint one member who shall be a judge of the Superior Court; (2) the speaker of the House of Representatives, the president pro tempore of the Senate, the majority and minority leaders of the House of Representatives and the majority and minority leaders of the Senate shall each appoint one member; and (3) the Governor shall appoint one member who shall serve as chairperson. No member of the commission shall be a state marshal, except that two state marshals appointed by the State Marshals Advisory Board in accordance with section 6-38c shall serve as ex office, nonvoting members of the commission. 

(b) The chairperson shall serve for a three-year term and all appointments of members to replace those whose terms expire shall be for terms of three years. 

(c) No more than four of the members, other than the chairperson, may be members of the same political party. Of the seven nonjudicial members, other than the chairperson, at least three shall not be members of the bar of any state. 

(d) If any vacancy occurs on the commission, the appointing authority having the power to make the initial appointment under the provisions of this section shall appoint a person for the unexpired term in accordance with the provisions of this section. 

(e) Members shall serve without compensation but shall be reimbursed for actual expenses incurred while engaged in the duties of the commission. 

(f) The commission, in consultation with the State Marshals Advisory Board, shall adopt regulations in accordance with the provisions of chapter 54 to establish professional standards, including training requirements and minimum fees for execution and service of process. 

(g) The commission shall be responsible for the equitable assignment of service of restraining orders to the state marshals in each county and ensure that such restraining orders are served expeditiously. Failure of any state marshal to accept for service any restraining order assigned by the commission or to serve such restraining order expeditiously without good cause shall be sufficient for the convening of a hearing for removal under subsection (j) of this section. 

(h) Any vacancy in the position of state marshal in any county as provided in section 6-38 shall be filled by the commission with an applicant who shall be an elector in the county where such vacancy occurs. Any applicant for such vacancy shall be subject to the application and investigation requirements of the commission. 

(i) Except as provided in section 6-38f, no person may be a state marshal and a state employee at the same time. This subsection does not apply to any person who was both a state employee and a deputy sheriff or special deputy sheriff on April 27, 2000. 

(j) No state marshal may be removed except by order of the commission for cause after due notice and hearing. 

(k) The commission may adopt such rules as it deems necessary for conduct of its internal affairs and shall adopt regulations in accordance with the provisions of chapter 54 for the application and investigation requirements for filling vacancies in the position of state marshal. 

(l) The commission shall be within the Department of Administrative Services for administrative purposes only. 

Connecticut General Statute § 6-38e – review and audit of records and accounts of state marshals by State Marshal Commission 

Conn. Gen. Stat. § 6-38e (2008) 

§ 6-38e. Review and audit of records and accounts of state marshals by State Marshal Commission. 

The State Marshal Commission shall periodically review and audit the records and accounts of the state marshals. Upon the death or disability of a state marshal, the commission shall appoint a qualified individual to oversee and audit the records and accounts of such state marshal and render an accounting to the commission. All information obtained by the commission from any audit conducted pursuant to this section shall be confidential and shall not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200. 

Connecticut General Statute § 6-38f – State Marshal Commission to appoint state marshals. 

Conn. Gen. Stat. § 6-38f (2008) 

§ 6-38f. State Marshal Commission to appoint state marshals. Evidence of service as a deputy sheriff. Appeal. Notification by deputy sheriffs re desire to be appointed state marshal. Notification of decisions to State Marshal Commission. 

(a)(1) Notwithstanding the provisions of section 6-38, the State Marshal Commission shall appoint as a state marshal any eligible individual who applies for such a position. For the purposes of this section, “eligible individual” means an individual who was a deputy sheriff or special deputy sheriff of a corporation on or after May 31, 1995, who had served as a deputy sheriff or special deputy sheriff of a corporation for a period of not less than four years and who has submitted an application to the State Marshal Commission on or before July 31, 2001, provided any such eligible individual submitted an initial application dated on or before June 30, 2000. 

(2) For the purpose of showing proof that an individual has served as a deputy sheriff as required by this subsection, information contained in the Connecticut State Register and Manual shall be accepted as evidence. 

(3) Any person authorized to apply for appointment as a state marshal pursuant to this section who is determined not to be eligible for such appointment by the State Marshal Commission may appeal such determination to the Superior Court for the judicial district of New Britain in accordance with the procedures and time periods set forth in chapter 54. 

(b) Except as provided in subsection (a) of this section: 

(1) Any deputy sheriff serving as a deputy sheriff on April 27, 2000, shall notify the Chief Court Administrator on or before June 30, 2000, of the desire of such deputy sheriff to be appointed as a state marshal; 

(2) Any deputy sheriff performing court security, prisoner custody or transportation services on April 27, 2000, who desires to perform such functions as a judicial marshal, or desires to be appointed as a state marshal, shall so notify the Chief Court Administrator on or before June 30, 2000; and 

(3) The Chief Court Administrator shall notify, in writing, the State Marshal Commission of the decisions of the deputy sheriffs pursuant to subdivisions (1) and (2) of this subsection. 

(c) Except as provided in subsection (a) of this section, for purposes of the State Marshal Commission filling any vacancy in the position of state marshal in any county in accordance with subsection (h) of section 6-38b, the State Marshal Commission shall not fill a vacancy in any county if the total number of state marshals in such county is equal to or exceeds the number allowed under section 6-38. 

Connecticut General Statute § 6-38h – political contribution to appointing authority for State Marshal Commission affects eligibility for appointment as state marshal. 

Conn. Gen. Stat. § 6-38h (2008) 

§ 6-38h. Political contribution to appointing authority for State Marshal Commission affects eligibility for appointment as state marshal. 

Any person who pays, lends or contributes anything of value to a person who is an appointing authority for the State Marshal Commission under section 6-38b for political purposes shall not be eligible for appointment as a state marshal for a period of two years. 

Connecticut General Statute § 6-38m – annual fee to State Marshal Commission 

Conn. Gen. Stat. § 6-38m (2008)
§ 6-38m. Annual fee to State Marshal Commission. 

Commencing October 1, 2001, and not later than October first each year thereafter, each state marshal shall pay an annual fee of two hundred fifty dollars to the State Marshal Commission, which fee shall be deposited in the General Fund. 

Connecticut Agencies Regs. § 6-38b-1 – qualifications 

Regs., Conn. State Agencies § 6-38b-1 (2009) Sec. 6-38b-1. Qualifications 

To qualify as a state marshal pursuant to section 6-38b of the Connecticut General Statutes, a person shall: 

(1) Be an elector in the county in which a vacancy for the position of state marshal exists; 

(2) Speak, write and read the English language; 

(3) Be at least 21 years of age; 

(4) Have been awarded a high school diploma or general equivalency diploma (GED); 

(5) Be free from any physical, mental or emotional disorder that would prevent the person from performing the duties of a state marshal; 

(6) Be of good moral character;
(7) Have a valid Connecticut driver’s license; and 

(8) Have passed the examination required under section 6-38b-3 of the Regulations of Connecticut State Agencies and have completed all required training. The State Marshal Commission may waive the examination requirement for persons who previously served as deputy sheriffs in the state of Connecticut. 

Connecticut Agencies Regs. § 6-38b-2 – application 

Regs., Conn. State Agencies § 6-38b-2 (2009) 

Sec. 6-38b-2. Application 

(a) The State Marshal Commission shall provide an application form for appointment as a state marshal. 

(b) All applications for appointment as a state marshal shall be typewritten or hand-printed and submitted to the commission in the form referred to in subsection (a) of this section. 

(c) All applications shall be submitted under oath, sworn before and acknowledged by a notary public, that the information given is true. All applications shall include the following information: 

(1) All names by which the applicant has been known; (2) The applicant’s residence mailing address;
(3) The applicant’s residence telephone number;
(4) The applicant’s business mailing address; 

(5) The applicant’s business telephone number;
(6) Whether the applicant is over the age of 21;
(7) The applicant’s Connecticut driver’s license number and expiration date;
(8) Whether the applicant is an elector in the county in which the vacancy occurs; (9) The applicant’s criminal convictions and any pending criminal charges; 

(10) The applicant’s employment history for the five years immediately preceding the date of application; 

(11) The names of three Connecticut residents who are not members of the applicant’s immediate or extended family or household, who can attest to the applicant’s good character; 

(12) Whether the applicant is free from any physical, mental or emotional disorder that would prevent him or her from performing the duties of a state marshal; and 

(13) The applicant’s signature.
(d) The commission shall conduct a background investigation of an applicant to determine if the applicant possesses the qualifications set out in this section including, but not limited to, criminal background checks, and contact with references and current and/or former employers. All applications shall be accompanied by a fully executed authorization in a form to be provided by the commission authorizing the commission to access information concerning the applicant’s background. 

(e) An applicant may be required to submit a letter from a physician stating whether he or she has any physical, mental or emotional disorder that would prevent the person from performing the duties of a state marshal, or the commission may require the applicant to undergo a physical/mental examination. 

Connecticut Agencies Regs. § 6-38b-3 – examination 

Regs., Conn. State Agencies § 6-38b-3 (2009) 

Sec. 6-38b-3. Examination 

(a) The State Marshal Commission shall administer to each applicant for appointment as a state marshal a written examination to determine the applicant’s knowledge of service of process and execution. 

(b) The examination shall include, but not be limited to, the following subjects:
(1) The functions of a state marshal, including, service of process and execution; and 

(2) Familiarity with the applicable portions of the Connecticut General Statutes, the Connecticut Practice Book and the commission’s regulations. 

(c) A raw score of at least 80 percent shall be required to pass the examination.
New section added Conn. Law Journal November 19, 2002, effective October 3, 2002 Regs., Conn. State Agencies § 6-38b-4 (2009) 

Connecticut Agencies Regs. § 6-38b-4 – training 

Sec. 6-38b-4. Training 

(a) The State Marshal Commission shall publish a manual providing information relevant to the duties and responsibilities of state marshals. This manual shall be provided to all state marshals. 

(b) The commission shall establish a statewide training program for state marshals appointed pursuant to section 6-38b of the Connecticut General Statutes. The commission shall appoint instructors for such program who shall hold classes on the subject area of a state marshal’s duties and responsibilities, as determined by the commission after consultation with the State Marshal Advisory Board. 

(c) State marshals shall comply with all continuing education requirements and certification or re-certification requirements as established by regulation. 

New section added Conn. Law Journal November 19, 2002, effective October 3, 2002 

Connecticut Agencies Regs. § 6-38b-5 — Appointment 

Regs., Conn. State Agencies § 6-38b-5 

TITLE 6 COUNTIES & COUNTY OFFICERS
STATE MARSHAL COMMISSION
PROFESSIONAL STANDARDS (INCLUDING DISCIPLINARY PROCESS), TRAINING AND MINIMUM FEES 

Regs., Conn. State Agencies § 6-38b-5 (2009) Sec. 6-38b-5. Appointment 

(a) No person shall be appointed as a state marshal pursuant to section 6-38b of the Connecticut General Statutes unless such person: 

(1) Meets all of the qualification requirements set forth in section 6-38b-1 of the Regulations of Connecticut State Agencies; 

(2) Has submitted an application which complies in all respects with section 6-38b-2 of the Regulations of Connecticut State Agencies; 

(3) Has completed and passed the examination administered pursuant to section 6-38b-3 of the Regulations of Connecticut State Agencies in compliance with all rules governing the examination, pursuant to chapter 67 of the Connecticut General Statutes, unless waived in accordance with the provisions of subdivision (8) of section 6-38b-1 of the Regulations of Connecticut State Agencies; 

(4) Has satisfactorily completed the training program required in section 6-38b-4 of the Regulations of Connecticut State Agencies; 

(5) Is in compliance with section 6-39 of the Connecticut General Statutes; 

(6) Provides to the State Marshal Commission sufficient evidence that the applicant has in effect personal liability insurance which complies with the requirements of section 6-30a of the Connecticut General Statutes; and 

(7) Has been fingerprinted and successfully passed a federal and state records check. 

(b) The commission may deny appointment of an applicant because of a prior conviction of a crime if, after considering: 

(1) The nature of the crime and its relationship to the job for which the person has applied; (2) Information pertaining to the degree of rehabilitation of the convicted person; and 

(3) The time elapsed since the conviction or release, the commission determines that the applicant is not suitable to be a state marshal. 

(c) The commission shall issue to newly-appointed state marshals a certificate of appointment, an identification card and a badge. All state marshals shall carry the identification card and badge with them while performing the duties of a state marshal. 

Connecticut Agencies Regs. § 6-38b-6 – standards of conduct 

REGULATIONS OF CONNECTICUT STATE AGENCIES 

TITLE 6 COUNTIES & COUNTY OFFICERS
STATE MARSHAL COMMISSION
PROFESSIONAL STANDARDS (INCLUDING DISCIPLINARY PROCESS), TRAINING AND MINIMUM FEES 

Regs., Conn. State Agencies § 6-38b-6 (2009) 

Sec. 6-38b-6. Standards of conduct A state marshal shall: 

(1) Comply with all federal, state and local laws, including all applicable state laws, rules of court and regulations concerning a state marshal’s duties; 

(2) Act with honesty and professional integrity with respect to all matters concerning his or her duties; 

(3) Not, while performing the duties of a state marshal, engage in the practice of law or render legal advice; 

(4) Perform services in a timely fashion in order to comply with any requirements stated in the Connecticut General Statutes; 

(5) Maintain up-to-date records of all process that identify all fees collected and disbursed; 

(6) Make his or her records available for inspection by the State Marshal Commission upon request; 

(7) Inform the commission of the trustee account identification number(s); 

(8) Notify the commission, in writing, of his or her intention to perform collection work for any client, prior to engaging in such collection work and 

(A) Deposit all funds collected on behalf of any client in a non-interest bearing trustee account, provided no such funds may be commingled with any non-client funds; 

(B) Advise the commission, in writing, of the name of the banking institution, branch address, and the name and number of any such trustee account opened or closed; 

(C) Deliver any funds to the owner in accordance with the Connecticut General Statutes. 

(9) No checks from the trustee account shall be made payable to “cash”. No disbursements may be made from the trustee account except for remittance to the client, the disbursement of the applicable fee to the state marshal and for expenses directly related to a specific client. When specific client expenses are paid from the trustee account, the check shall note the name of the client and the nature of the expense. An amount not to exceed $ 1,250.00 may be retained in the trustee account to provide for bank charges. 

(10) Not use his or her powers, his or her appointment, or any of the incidents thereof, for personal gain or to gain an advantage for another person, other than the authorized collection of fees for service of process or other duties performed by the state marshal; 

(11) Not use his or her position for an unlawful, unauthorized or improper purpose; 

(12) Not use his or her powers, his or her appointment, or any of the incidents thereof, in connection with any personal matter or dispute; 

(13) Not consume alcohol or be under the influence of alcohol while involved in performing his or her duties and not use illegal drugs at any time; 

(14) Cooperate fully and truthfully in any inquiry or investigation conducted by the commission or any law enforcement or regulatory agency, subject to the exercise of applicable privileges; 

(15) Inform the commission, within 48 hours after being arrested and inform the commission of the disposition of the case no later than 48 hours after being notified of such disposition; 

(16) Remain at all times in a physical and mental condition suitable to the satisfactory performance of the duties of a state marshal; 

(17) Apprise the commission in writing of any change in the state marshal’s residence or business address or residence or business phone number within ten days of such change; 

(18) Not display the credentials of a state marshal for any unauthorized, unlawful or improper purpose; 

(19) Not knowingly violate the provisions of section 6-38d of the Connecticut General Statutes; and 

(20) Not engage in conduct that could harm or otherwise impugn his or her professional reputation, standing or integrity. 

Connecticut Agencies Regs. § 6-38b-7 – investigations 

Sec. 6-38b-7. Investigations 

(a) When the State Marshal Commission receives a written complaint concerning a state marshal, the commission shall notify the state marshal that a complaint has been received. 

(b) The State Marshal Commission may initiate and conduct any investigation that the commission deems necessary within the commission’s jurisdiction. The commission shall send a notice of such investigation to the state marshal being investigated. 

(c) The commission may appoint an investigator. 

(d) The investigator shall review the allegations against a state marshal and determine the course of any investigation. 

(e) The investigator shall prepare a report to include, at a minimum: copies of documents obtained; a summary of the information gathered and recommended findings. 

(f) Such findings shall be presented by the investigator to the commission for the purposes of determining the appropriate action to be taken in the matter. 

(g) The state marshal shall be notified in writing of any proposed action and advised of his or her right to a hearing. 

New section added Conn. Law Journal November 19, 2002, effective October 3, 2002 

Connecticut Agencies Regs. § 6-38b-8 – disciplinary actions 

Sec. 6-38b-8. Disciplinary actions 

(a) Emergency suspension of appointment – Emergency suspension of the appointment of a state marshal by the State Marshal Commission shall be in accordance with the process contained in section 4-182(c) of the Connecticut General Statutes. 

(b) The commission may suspend or revoke the appointment of a state marshal when it determines, after due notice and hearing that the state marshal: 

(1) Lacks the ability, knowledge, skill, or professional judgment to perform the duties of a state marshal; 

(2) Failed to maintain any of the qualification requirements of section 6-38b-1 of the Regulations of Connecticut State Agencies; 

(3) Has failed to perform the duties and responsibilities of a state marshal, and that failure resulted in: (A) the life, health, or safety of a person being placed in jeopardy of death or injury; or (B) a person’s property being placed in jeopardy of loss or damage; 

(4) Since appointment, has been convicted of a crime, after consideration of the nature of the crime and its relationship to the position of state marshal; 

(5) Has been found to have falsified or omitted information required to be provided in the state marshal application process; 

(6) Misapplied or misappropriated money or property; 

(7) Engaged routinely in inaccurate accounting; 

(8) Failed to account for funds; 

(9) Failed to be in compliance with section 6-39 of the Connecticut General Statutes; 

(10) Failed to adhere to the accounting practices contained in section 6-38b-6 of the Regulations of Connecticut State Agencies; 

(11) Failed to maintain the insurance required by section 6-30a of the Connecticut General Statutes; or 

(12) Knowingly violated the provisions of section 6-38d of the Connecticut General Statutes. 

(c) Suspension or revocation of the appointment of a state marshal may also be imposed for any conduct that could harm or otherwise impugn his or her professional reputation, standing or integrity, including violations of section 6-38b-6 of the Regulations of Connecticut State Agencies. 

(d) Suspension or revocation of the appointment of a state marshal may be considered for violation of section 6-38b-6(16) of the Regulations of Connecticut State Agencies. The commission may, after due consideration and review of the circumstances in the matter, require that the state marshal submit to a medical examination. 

Connecticut Agencies Regs. § 6-38b-9 – hearing procedure 

Sec. 6-38b-9. Hearing procedure
Hearings shall be conducted in accordance with the provisions of the Uniform Administrative 

Procedure Act, section 4-166, et seq., of the Connecticut General Statutes. 

The hearing may be held before one or more hearing officers or one or more members of the State Marshal Commission. No individual who has personally carried out the function of an investigator in a contested case may serve as a hearing officer. 

(1) Official address. All correspondence relating to hearings shall be addressed to: State Marshal Commission, 765 Asylum Avenue, Hartford, Connecticut 06105. 

(2) Notice of hearings. The hearing/presiding officer shall mail a notice of hearing to all parties. Notice shall be mailed to the addresses provided to the commission by the parties, at least ten (10) days before the scheduled hearing, unless all parties waive the requirement of advance notice. The notice shall include a statement of the time, place, the legal authority under which the hearing is to be held, reference to the particular sections of the statutes and regulations involved and nature of the hearing and a short and plain statement of the matters asserted. If the hearing/presiding officer is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement shall be furnished. 

(3) Location of hearings. Hearings shall be held at 765 Asylum Avenue, Hartford, Connecticut and at such other location or locations as the hearing/presiding officer may designate. 

(4) Postponements and adjournments. Postponements or adjournments shall be granted only for good cause shown upon a request made to the hearing/presiding officer. The hearing/presiding officer may reschedule a hearing or adjourn a hearing in progress to another date and time. 

(5) Waiver of oral hearing and personal appearance. Any state marshal who is the subject of a hearing may waive oral hearing and personal appearance and request that the matter be adjudicated on the basis of the available written and demonstrative evidence on file with the hearing/presiding officer including any evidence submitted by the state marshal who is the subject of the hearing. 

(6) Adjudication in absence of a party. Where the hearing/presiding officer finds that the notice of hearing has been properly served by mail and the respondent or any witness has failed to appear, the hearing/presiding officer may in his or her discretion hear the case. 

(7) Rules of evidence. The rules of evidence set forth in section 4-178 of the Connecticut General Statutes shall apply. 

(8) Limiting number of witnesses. To avoid unnecessary cumulative evidence, the hearing/presiding officer may limit the number of witnesses or the time for testimony upon a particular issue in the course of any hearing. The hearing/presiding officer may permit any party to offer testimony in written form, if it will expedite the hearing. Such written testimony shall be 

received in evidence with the same force and effect as though it were stated orally by the witness who has given the evidence, provided that the interests of the parties shall not be prejudiced substantially. Any party or witness who submits written testimony shall be present at the hearing at which such testimony is offered and shall adopt the written testimony under oath unless the opposing party has waived the right to cross-examine such party or witness as provided in subsection (9) of this section. 

(9) Cross-examination. A party may conduct cross-examinations required for a full and true disclosure of the facts. 

(10) Final decision. 

(A) A final decision following a hearing shall be in writing or stated in the record. The hearing/presiding officer shall, after hearing a matter, make a proposed final decision to the commission. The commission shall review the proposed final decision of the hearing/presiding officer and render a final decision. 

(B) All parties shall be notified either personally or by mail of the final decision.
(11) Any appeal of the final decision of the commission shall be in accordance with
section 4- 

183 of the Connecticut General Statutes. 

(12) A state marshal may have legal representation, at his or her own expense, at a hearing to which he or she is a party. 

Connecticut Agencies Regs. § 6-38b-10 – minimum fees for service of process and execution 

Regs., Conn. State Agencies § 6-38b-10 (2009) 

Sec. 6-38b-10. Minimum fees for service of process and execution Except as otherwise provided in the Connecticut General Statutes: 

(1) Each state marshal who serves process, summons or attachments shall receive a fee of not less than five dollars ($ 5.00) for each process served. 

(2) Each state marshal who serves an execution on a summary process judgment shall receive a fee of not less than twelve dollars and fifty cents ($ 12.50). 

(3) Each state marshal who removes a defendant under section 47a-42 of the Connecticut General Statutes, or other occupant bound by a summary process judgment, and the possessions and personal effects of such defendant or other occupant, shall receive a fee of not less than eighteen dollars and seventy-five cents ($ 18.75). 

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