Sec. 4-166. Definitions. As used in this chapter: Sec. 4-167. Organization description to be adopted. Rules of practice. Public
inspection. (a) In addition to other regulation-making requirements imposed by law,
each agency shall: (1) Adopt as a regulation a description of its organization, stating
the general course and method of its operations and the methods whereby the public
may obtain information or make submissions or requests; (2) adopt as a regulation rules
of practice setting forth the nature and requirements of all formal and informal procedures available provided such rules shall be in conformance with the provisions of this
chapter; and (3) make available for public inspection all regulations and all other written
statements of policy or interpretations formulated, adopted or used by the agency in the
discharge of its functions, and all forms and instructions used by the agency. Sec. 4-168. Notice prior to action on regulations. Fiscal notes. Hearings. Adoption procedure. Emergency regulations. (a) Except as provided in subsection (g), an
agency, prior to adopting a proposed regulation, shall: (1) Give at least thirty days'
notice by publication in the Connecticut Law Journal of its intended action. The notice
shall include (A) either a statement of the terms or of the substance of the proposed
regulation or a description sufficiently detailed so as to apprise persons likely to be
affected of the issues and subjects involved in the proposed regulation, (B) a statement
of the purposes for which the regulation is proposed, (C) a reference to the statutory
authority for the proposed regulation and (D) when, where and how interested persons
may present their views on the proposed regulation; (2) give notice by mail to each joint
standing committee of the General Assembly having cognizance of the subject matter
of the proposed regulation; (3) give notice by mail to all persons who have made requests
to the agency for advance notice of its regulation-making proceedings. The agency may
charge a reasonable fee for such notice based on the estimated cost of providing the
service; (4) provide a copy of the proposed regulation to persons requesting it. The
agency may charge a reasonable fee for copies in accordance with the provisions of
section 1-212; (5) following publication of the notice in the Connecticut Law Journal,
prepare a fiscal note, including (A) an estimate of the cost or of the revenue impact on
the state or any municipality of the state and (B) if applicable, the regulatory flexibility
analysis prepared under section 4-168a. The governing body of any municipality, if
requested, shall provide the agency, within twenty working days, with any information
that may be necessary for analysis in preparation of such fiscal note; (6) afford all interested persons reasonable opportunity to submit data, views or arguments, orally at a
hearing granted under subdivision (7) or in writing, and to inspect and copy the fiscal note
prepared pursuant to subdivision (5); (7) grant an opportunity to present oral argument if
requested by fifteen persons, by a governmental subdivision or agency or by an association having not less than fifteen members, if notice of the request is received by the
agency within fourteen days after the date of publication of the notice; and (8) consider
fully all written and oral submissions respecting the proposed regulation and revise the
fiscal note in accordance with the provisions of subdivision (5) to indicate any changes
made in the proposed regulation. No regulation shall be found invalid due to the failure
of an agency to give notice to each committee of cognizance pursuant to subdivision
(2) of this subsection, provided one such committee has been so notified. Sec. 4-168a. Regulations affecting small businesses. (a) As used in this section: Sec. 4-168b. Regulation-making record. (a) Each agency shall maintain an official regulation-making record for the period required by law for each regulation it proposes in accordance with the provisions of section 4-168. The regulation-making record
and materials incorporated by reference in the record shall be available for public inspection and copying. Sec. 4-169. Approval of regulation by Attorney General. No adoption, amendment or repeal of any regulation, except a regulation issued pursuant to subsection (f)
of section 4-168, shall be effective until the original of the proposed regulation has
been submitted by the agency proposing such regulation, to the Attorney General and
approved by him, or by some other person designated by him for such purpose. The
review of such regulations by the Attorney General shall be limited to a determination of
the legal sufficiency of the proposed regulation. If the Attorney General or his designated
representative fails to give notice to the agency of any legal insufficiency within thirty
days of the receipt of the proposed regulation, he shall be deemed to have approved the
proposed regulation for purposes of this section. The approval of the Attorney General
shall be indicated on the original of the proposed regulation which shall be submitted
to the joint standing regulation review committee. As used in this section "legal sufficiency" means (1) the absence of conflict with any general statute or regulation, federal
law or regulation or the Constitution of this state or of the United States and (2) compliance with the notice and hearing requirements of section 4-168. Sec. 4-170. Legislative regulation review committee. Filing requirements for
regulations. Fiscal notes required. (a) There shall be a standing legislative committee
to review all regulations of the several state departments and agencies following the
proposal thereof, which shall consist of eight members of the House of Representatives,
four from each major party, to be appointed on the first Wednesday after the first Monday
in January in the odd-numbered years, by the speaker of said House, and six members
of the Senate, three from each major party, to be appointed on or before said dates by
the president pro tempore of the Senate. The members shall serve for the balance of
the term for which they were elected. Vacancies shall be filled by appointment by the
authority making the appointment. The members of the committee shall elect from
among their members two cochairpersons, one of whom shall be a member of the Senate
and one of whom shall be a member of the House of Representatives, and either of
whom may call meetings of the committee for the performance of its duties. Sec. 4-170a. Review of old regulations. Section 4-170a is repealed. Sec. 4-170b. Agency submission to legislative regulation review committee
upon failure to submit or resubmit required regulations. On or before December
first of each year, each agency shall submit to the standing legislative regulation review
committee: Sec. 4-171. Submission to General Assembly of disapproved regulations and
list of required regulations not submitted or resubmitted to legislative regulation
review committee. On or before February fifteenth of each regular session of the General Assembly, the cochairpersons of the standing legislative regulation review committee shall submit to the General Assembly for its study (1) a copy of all proposed regulations which have been disapproved by the standing committee under subsection (c) of
section 4-170, and (2) a list by agency of each section of the general statutes that requires
the agency to adopt regulations on or before January first of the preceding year which
the agency did not submit or resubmit to the committee by December first of such year
as provided in section 4-170b. Such regulations that were disapproved shall be referred
by the speaker of the House or by the president pro tempore of the Senate to an appropriate committee for its consideration and the committee shall schedule hearings thereon.
The General Assembly may, by resolution, either sustain or reverse a vote of disapproval
of the standing committee under the provisions of said subsection (c), except that if the
General Assembly fails during its regular session to reverse by resolution the disapproval
of a regulation proposed for the purpose of implementing a federally subsidized or
assisted program, the vote of disapproval shall be deemed sustained for purposes of this
section and the proposed regulation shall not become effective. Any action of the General
Assembly under the provisions of this section shall be effective as of the date of passage
of the resolution in the second house of the General Assembly. Sec. 4-172. Certified copies of regulations filed with Secretary of the State.
Effective date. Publication. (a) After approval of a regulation as required by sections
4-169 and 4-170, or after reversal of a decision of the standing committee by the General
Assembly pursuant to section 4-171, each agency shall file in the office of the Secretary
of the State two certified copies of such regulation. Each regulation when filed shall be
in the form intended for publication, and each section of the regulation shall include the
appropriate regulation section number and a section heading. The Secretary of the State
shall keep a permanent register of the regulations open to public inspection. Sec. 4-173. Publication of compilation of regulations and supplements. (a) The
Commission on Official Legal Publications shall publish and distribute a compilation
of all effective regulations adopted by all state agencies subsequent to October 27, 1970,
except regulations adopted pursuant to subsection (e) of section 4-168. Such publication
may be a supplement to or revision of the most current compilation, and shall be published at least semiannually. The Commission on Official Legal Publications may omit
from such compilation (1) any regulation that is incorporated by reference into a Connecticut regulation and published by or otherwise available in printed form from a federal
agency, a government agency of another state or a commercial publishing company or
(2) any regulation that is too expensive to publish or (3) any regulation the publication
of which would be unduly cumbersome. If such commission omits a regulation from
the compilation, it shall publish in the compilation a notice identifying the omitted
regulation, stating the general subject matter of the regulation and stating an address,
telephone number and any other information needed to obtain a copy of the regulation.
Such address and telephone number shall be kept current in each semiannual publication
of the compilation. The commission shall publish any regulation that has been omitted
from publication under subdivision (2) of this subsection as soon as the commission
has sufficient funds. Sec. 4-174. Petition for regulation. Any interested person may petition an agency
requesting the promulgation, amendment, or repeal of a regulation. Each agency shall
prescribe by regulation the form for petitions and the procedure for their submission,
consideration, and disposition. Within thirty days after submission of a petition, the
agency either shall deny the petition in writing stating its reasons for the denials or shall
initiate regulation-making proceedings in accordance with section 4-168. Sec. 4-175. Declaratory judgment action to determine validity of a regulation
or applicability of a statute, regulation or final decision. (a) If a provision of the
general statutes, a regulation or a final decision, or its threatened application, interferes
with or impairs, or threatens to interfere with or impair, the legal rights or privileges of
the plaintiff and if an agency (1) does not take an action required by subdivision (1),
(2) or (3) of subsection (e) of section 4-176, within sixty days of the filing of a petition
for a declaratory ruling, (2) decides not to issue a declaratory ruling under subdivision
(4) or (5) of subsection (e) of said section 4-176, or (3) is deemed to have decided not
to issue a declaratory ruling under subsection (i) of said section 4-176, the petitioner
may seek in the Superior Court a declaratory judgment as to the validity of the regulation
in question or the applicability of the provision of the general statutes, the regulation
or the final decision in question to specified circumstances. The agency shall be made
a party to the action. Sec. 4-176. Declaratory rulings. Petitions. Regulations. (a) Any person may petition an agency, or an agency may on its own motion initiate a proceeding, for a declaratory ruling as to the validity of any regulation, or the applicability to specified circumstances of a provision of the general statutes, a regulation, or a final decision on a matter
within the jurisdiction of the agency. Secs. 4-176a to 4-176d. Reserved for future use. Sec. 4-176e. Agency hearings. Except as otherwise required by the general statutes, a hearing in an agency proceeding may be held before (1) one or more hearing
officers, provided no individual who has personally carried out the function of an investigator in a contested case may serve as a hearing officer in that case, or (2) one or more
of the members of the agency. Sec. 4-177. Contested cases. Notice. Record. (a) In a contested case, all parties
shall be afforded an opportunity for hearing after reasonable notice. Sec. 4-177a. Contested cases. Party, intervenor status. (a) The presiding officer
shall grant a person status as a party in a contested case if that officer finds that: (1)
Such person has submitted a written petition to the agency and mailed copies to all
parties, at least five days before the date of hearing; and (2) the petition states facts that
demonstrate that the petitioner's legal rights, duties or privileges shall be specifically
affected by the agency's decision in the contested case. Sec. 4-177b. Contested cases. Presiding officer. Subpoenas and production of
documents. In a contested case, the presiding officer may administer oaths, take testimony under oath relative to the case, subpoena witnesses and require the production of
records, physical evidence, papers and documents to any hearing held in the case. If
any person disobeys the subpoena or, having appeared, refuses to answer any question
put to him or to produce any records, physical evidence, papers and documents requested
by the presiding officer, the agency may apply to the superior court for the judicial
district of Hartford or for the judicial district in which the person resides, or to any judge
of that court if it is not in session, setting forth the disobedience to the subpoena or
refusal to answer or produce, and the court or judge shall cite the person to appear
before the court or judge to show cause why the records, physical evidence, papers and
documents should not be produced or why a question put to him should not be answered.
Nothing in this section shall be construed to limit the authority of the agency or any
party as otherwise allowed by law. Sec. 4-177c. Contested cases. Documents. Evidence. Arguments. Statements.
(a) In a contested case, each party and the agency conducting the proceeding shall be
afforded the opportunity (1) to inspect and copy relevant and material records, papers
and documents not in the possession of the party or such agency, except as otherwise
provided by federal law or any other provision of the general statutes, and (2) at a hearing,
to respond, to cross-examine other parties, intervenors, and witnesses, and to present
evidence and argument on all issues involved. Sec. 4-178. Contested cases. Evidence. In contested cases: (1) Any oral or documentary evidence may be received, but the agency shall, as a matter of policy, provide
for the exclusion of irrelevant, immaterial or unduly repetitious evidence; (2) agencies
shall give effect to the rules of privilege recognized by law; (3) when a hearing will be
expedited and the interests of the parties will not be prejudiced substantially, any part
of the evidence may be received in written form; (4) documentary evidence may be
received in the form of copies or excerpts, if the original is not readily available, and
upon request, parties and the agency conducting the proceeding shall be given an opportunity to compare the copy with the original; (5) a party and such agency may conduct
cross-examinations required for a full and true disclosure of the facts; (6) notice may
be taken of judicially cognizable facts and of generally recognized technical or scientific
facts within the agency's specialized knowledge; (7) parties shall be notified in a timely
manner of any material noticed, including any agency memoranda or data, and they
shall be afforded an opportunity to contest the material so noticed; and (8) the agency's
experience, technical competence, and specialized knowledge may be used in the evaluation of the evidence. Sec. 4-178a. Contested cases and declaratory ruling proceedings. Review of
preliminary, procedural or evidentiary rulings. If a hearing in a contested case or in
a declaratory ruling proceeding is held before a hearing officer or before less than a
majority of the members of the agency who are authorized by law to render a final
decision, a party, if permitted by regulation and before rendition of the final decision,
may request a review by a majority of the members of the agency, of any preliminary,
procedural or evidentiary ruling made at the hearing. The majority of the members may
make an appropriate order, including the reconvening of the hearing. Sec. 4-179. Agency proceedings. Proposed final decision. (a) When, in an
agency proceeding, a majority of the members of the agency who are to render the final
decision have not heard the matter or read the record, the decision, if adverse to a party,
shall not be rendered until a proposed final decision is served upon the parties, and an
opportunity is afforded to each party adversely affected to file exceptions and present
briefs and oral argument to the members of the agency who are to render the final
decision. Sec. 4-180. Contested cases. Final decision. Application to court upon agency
failure. (a) Each agency shall proceed with reasonable dispatch to conclude any matter
pending before it and, in all contested cases, shall render a final decision within ninety
days following the close of evidence or the due date for the filing of briefs, whichever
is later, in such proceedings. Sec. 4-180a. Indexing of written orders and final decisions. (a) In addition to
other requirements imposed by any provision of law, each agency shall index, by name
and subject, all written orders and final decisions rendered on or after October 1, 1989,
and shall make them available for public inspection and copying, to the extent required
by the Freedom of Information Act, as defined in section 1-200. Sec. 4-181. Contested cases. Communications by, to hearing officers and
members of an agency. (a) Unless required for the disposition of ex parte matters
authorized by law, no hearing officer or member of an agency who, in a contested case,
is to render a final decision or to make a proposed final decision shall communicate,
directly or indirectly, in connection with any issue of fact, with any person or party, or,
in connection with any issue of law, with any party or the party's representative, without
notice and opportunity for all parties to participate. Sec. 4-181a. Contested cases. Reconsideration. Modification. (a) (1) Unless
otherwise provided by law, a party in a contested case may, within fifteen days after
the personal delivery or mailing of the final decision, file with the agency a petition for
reconsideration of the decision on the ground that: (A) An error of fact or law should
be corrected; (B) new evidence has been discovered which materially affects the merits
of the case and which for good reasons was not presented in the agency proceeding; or
(C) other good cause for reconsideration has been shown. Within twenty-five days of
the filing of the petition, the agency shall decide whether to reconsider the final decision.
The failure of the agency to make that determination within twenty-five days of such
filing shall constitute a denial of the petition. (2) Within forty days of the personal
delivery or mailing of the final decision, the agency, regardless of whether a petition
for reconsideration has been filed, may decide to reconsider the final decision. (3) If the
agency decides to reconsider a final decision, pursuant to subdivision (1) or (2) of this
subsection, the agency shall proceed in a reasonable time to conduct such additional
proceedings as may be necessary to render a decision modifying, affirming, or reversing
the final decision. Sec. 4-182. Matters involving licenses. (a) When the grant, denial or renewal of
a license is required to be preceded by notice and opportunity for hearing, the provisions
of this chapter concerning contested cases apply. Sec. 4-183. Appeal to Superior Court. (a) A person who has exhausted all administrative remedies available within the agency and who is aggrieved by a final decision
may appeal to the Superior Court as provided in this section. The filing of a petition for
reconsideration is not a prerequisite to the filing of such an appeal. Sec. 4-184. Appeal from final judgment of Superior Court. An aggrieved party
may obtain a review of any final judgment of the Superior Court under this chapter. The
appeal shall be taken in accordance with section 51-197b. Sec. 4-184a. Award of reasonable fees and expenses to certain prevailing parties in appeals of agency decisions. (a) For the purposes of this section: Sec. 4-185. Application of chapter. (a) This chapter applies to all agency proceedings commenced on or after July 1, 1989. Each agency proceeding commenced before
July 1, 1989, is governed by the law in effect when the proceeding was commenced. Sec. 4-185a. Validation of certain actions. Section 4-185a is repealed. Sec. 4-186. Chapter 54 exemptions and conflicts. (a) Appeals from the decisions
of the administrator of the Unemployment Compensation Act, appeals from decisions
of the employment security appeals referees to the board of review, and appeals from
decisions of the Employment Security Board of Review to the courts, as is provided in
chapter 567, and appeals from the Commissioner of Revenue Services to the courts, as
provided in chapters 207 to 212a, inclusive, 214, 214a, 217, 218a, 219, 220, 221, 222,
223, 224, 225, 227, 228b, 228c, 228d, 228e and 229 and appeals from decisions of the
Secretary of the Office of Policy and Management pursuant to sections 12-242hh, 12-
242ii and 12-242kk, are excepted from the provisions of this chapter. Secs. 4-187 and 4-188. Unemployment compensation, employment security
and manpower appeals. Employment Security Division and the Board of Mediation
and Arbitration exempt. Sections 4-187 and 4-188 are repealed. Sec. 4-188a. Requirements for exemption of constituent units of state system
of higher education. The provisions of this chapter shall not apply to the constituent
units of the state system of higher education, provided the board of trustees for each
such constituent unit shall (1) after providing a reasonable opportunity for interested
persons to present their views, promulgate written statements of policy concerning personnel policies and student discipline, which shall be made available to members of the
public, and (2) in cases of dismissal of tenured, unclassified employees, dismissal of
nontenured, unclassified employees prior to the end of their appointment, and proposed
disciplinary action against a student, promulgate procedures which shall provide (A)
written notice to affected persons of the reasons for the proposed action; (B) a statement
that the affected person is entitled to a hearing if he so requests; and (C) a written decision
following the hearing.
(1) "Agency" means each state board, commission, department or officer authorized
by law to make regulations or to determine contested cases, but does not include either
house or any committee of the General Assembly, the courts, the Council on Probate
Judicial Conduct, the Governor, Lieutenant Governor or Attorney General, or town
or regional boards of education, or automobile dispute settlement panels established
pursuant to section 42-181;
(2) "Contested case" means a proceeding, including but not restricted to rate-making, price fixing and licensing, in which the legal rights, duties or privileges of a party
are required by statute to be determined by an agency after an opportunity for hearing
or in which a hearing is in fact held, but does not include proceedings on a petition for
a declaratory ruling under section 4-176 or hearings referred to in section 4-168;
(3) "Final decision" means (A) the agency determination in a contested case, (B)
a declaratory ruling issued by an agency pursuant to section 4-176 or (C) an agency
decision made after reconsideration. The term does not include a preliminary or intermediate ruling or order of an agency, or a ruling of an agency granting or denying a petition
for reconsideration;
(4) "Hearing officer" means an individual appointed by an agency to conduct a
hearing in an agency proceeding. Such individual may be a staff employee of the agency;
(5) "Intervenor" means a person, other than a party, granted status as an intervenor
by an agency in accordance with the provisions of subsection (d) of section 4-176 or
subsection (b) of section 4-177a;
(6) "License" includes the whole or part of any agency permit, certificate, approval,
registration, charter or similar form of permission required by law, but does not include
a license required solely for revenue purposes;
(7) "Licensing" includes the agency process respecting the grant, denial, renewal,
revocation, suspension, annulment, withdrawal or amendment of a license;
(8) "Party" means each person (A) whose legal rights, duties or privileges are required by statute to be determined by an agency proceeding and who is named or admitted
as a party, (B) who is required by law to be a party in an agency proceeding or (C) who
is granted status as a party under subsection (a) of section 4-177a;
(9) "Person" means any individual, partnership, corporation, limited liability company, association, governmental subdivision, agency or public or private organization
of any character, but does not include the agency conducting the proceeding;
(10) "Presiding officer" means the member of an agency or the hearing officer
designated by the head of the agency to preside at the hearing;
(11) "Proposed final decision" means a final decision proposed by an agency or a
presiding officer under section 4-179;
(12) "Proposed regulation" means a proposal by an agency under the provisions of
section 4-168 for a new regulation or for a change in, addition to or repeal of an existing
regulation;
(13) "Regulation" means each agency statement of general applicability, without
regard to its designation, that implements, interprets, or prescribes law or policy, or
describes the organization, procedure, or practice requirements of any agency. The term
includes the amendment or repeal of a prior regulation, but does not include (A) statements concerning only the internal management of any agency and not affecting private
rights or procedures available to the public, (B) declaratory rulings issued pursuant to
section 4-176 or (C) intra-agency or interagency memoranda;
(14) "Regulation-making" means the process for formulation and adoption of a
regulation.
(1971, P.A. 854, S. 1; P.A. 73-620, S. 1−3, 19; P.A. 75-529, S. 2, 4; P.A. 78-379, S. 24, 27; P.A. 80-471, S. 1; P.A. 82-
338, S. 7; P.A. 87-522, S. 1, 6; P.A. 88-317, S. 1, 107; P.A. 92-160, S. 16, 19; P.A. 95-79, S. 9, 189.)
History: P.A. 73-620 redefined "agency", specifically excepting the governor, lieutenant governor and attorney general,
redefined "contested case", excluding cases involving hearings referred to in Sec. 4-168 and redefined "regulation", specifically excluding interagency memoranda; P.A. 75-529 redefined "agency" to exclude town or regional boards of education;
P.A. 78-379 redefined "agency" to exclude judicial review council; P.A. 80-471 redefined "regulation" in Subsec. (7),
changed numbered subdivisions to lettered subdivisions and added Subsec. (8) defining "proposed regulation"; P.A. 82-
338 redefined "agency" to specifically exclude council on probate judicial conduct; P.A. 87-522 redefined "agency" to
exclude automobile dispute settlement panels; P.A. 88-317 rephrased definition of "agency" in Subdiv. (1), amended
definition of "contested case" in Subdiv. (2) to exclude proceedings on declaratory ruling petition, added new Subdivs.
(3), (4) and (5), defining "final decision", "hearing officer" and "intervenor", renumbered former Subdivs. (3) and (4),
defining "license" and "licensing", to (6) and (7), renumbered former Subdiv. (5), defining "party", to Subdiv. (8) and
substantially amended the definition, renumbered former Subdiv. (6), defining "person", to Subdiv. (9) and excluded "the
agency conducting the proceeding" from the definition in lieu of "an agency", added new Subdivs. (10), (11) and (12),
defining "presiding officer", "proposed final decision" and "proposed regulation", renumbered former Subdiv. (7), defining
"regulation", to Subdiv. (13), repealed former Subdiv. (8) defining "proposed regulation" and added new Subdiv. (14)
defining "regulation-making", effective July 1, 1989, and applicable to agency proceedings commenced on or after said
date; P.A. 92-160 amended Subdiv. (1) by deleting reference to judicial review council; P.A. 95-79 redefined "person" to
include a limited liability company, effective May 31, 1995.
See Sec. 4-188a re requirements for exemption of constituent units of higher education from provisions of chapter.
Cited. 166 C. 337. The term "state board" includes such entities as the Berlin board of education when acting as agent
of the state. 167 C. 368. Cited. 168 C. 435. Cited. 172 C. 263. Cited. 173 C. 462, 465, 468, 469, 471. Cited. 176 C. 82.
Cited. 184 C. 311, 313. Cited. 186 C. 153, 156. Cited. 191 C. 173, 175. Cited. 198 C. 445, 453. Cited. 207 C. 346, 347.
Cited. 211 C. 690, 691. Cited. 212 C. 83, 96. Cited. 213 C. 184, 211, 212. Cited. 214 C. 560, 566, 572. Cited. 215 C. 517,
524. Cited. 216 C. 228, 234. Cited. 220 C. 516, 520. Cited. 231 C. 391, 399. Cited. 238 C. 361. Cited. 239 C. 32.
Cited. 1 CA 1, 2. Cited. 9 CA 622, 627. Cited. 19 CA 713, 716. Cited. 25 CA 555, 561.
Question whether personnel policies of state colleges are "regulations" within meaning of this chapter. 32 CS 153.
Cited. 34 CS 225, 229. Sec. 4-166 et seq. cited. 36 CS 1, 4; Id., 18, 23. Cited. 38 CS 24, 25. Cited. 40 CS 365, 378. Cited.
44 CS 21, 24.
Subsec. (1):
Berlin board of education held authorized by law to determine contested cases. 167 C. 368. Cited. 170 C. 668, 671.
Exclusions of governor, lieutenant governor and attorney general from definition of "agency" constitute exemptions from
chapter. 172 C. 603, 606. Cited. 176 C. 318; Id., 466, 469. Indian affairs council is an "agency" within the meaning of the
statute. 180 C. 474, 476, 477, 480. Cited. 181 C. 69, 74, 75. Cited. 183 C. 76, 80. Cited. 186 C. 153, 156. Cited. 193 C.
379, 381. Cited. 195 C. 174, 177. Cited. 198 C. 445, 448, 451, 454. Cited. 207 C. 77, 81; Id., 674, 678, 682. Cited. 208 C.
709, 714. Cited. 211 C. 690−692, 696−698. Cited. 213 C. 184, 211. Cited. 215 C. 517, 518, 523−526. Cited. 217 C. 130,
136, 139. Cited. 228 C. 651, 653. Cited. 231 C. 308, 314. Cited. 235 C. 128, 142. Adoption review board is an "agency".
247 C. 474.
Cited. 3 CA 464, 465, 467. Cited. 6 CA 473−475. Cited. 13 CA 1, 3, 11. Cited. 17 CA 429, 430. Cited. 18 CA 13, 14.
Cited. 19 CA 713, 716, 717. Cited. 22 CA 181, 184. Cited. 35 CA 769, 771.
Cited. 39 CS 443, 447.
Subsec. (2):
Hearing under section 10-151(b) is a "contested case". 167 C. 368. Cited. 171 C. 348. Cited. 171 C. 691, 697. Cited.
176 C. 82, 85, 87. Cited. 183 C. 76, 83; Id., 128, 133. Cited. 191 C. 497, 503. Cited. 193 C. 379, 382, 383, 387. Cited. 211
C. 690, 698, 699. Cited. 213 C. 184, 212. Cited. 214 C. 560, 563, 565, 566. Cited. Id., 726, 731. Cited. 221 C. 422, 425,
427. Cited. 224 C. 693, 694, 696, 698−700, 703−710. Cited. 226 C. 105, 117, 141. Court found legislative intent to limit
contested case status to proceedings in which agency is required by statute to provide opportunity for hearing determining
party's legal rights or privileges. Id., 792, 793, 798−801, 803, 806−811. Cited. 231 C. 403, 404. Cited. 234 C. 411, 419.
Cited. 235 C. 128, 138. Cited. 238 C. 361. Cited. 239 C. 124. Proceeding of adoption review board constitutes a "contested
case". 247 C. 474.
Cited. 2 CA 196, 202, 203. Cited. 19 CA 713, 716. Cited. 28 CA 674, 682. Cited. 37 CA 653, 659, 660, 667; judgment
reversed, see 238 C. 361 et seq. Cited. Id., 777, 781−783. Cited. 44 CA 143.
Cited. 30 CS 118, 120, 259. Cited. 34 CS 225, 231, 235. Cited. 39 CS 202, 204, 205. Cited. 42 CS 413, 419. Cited. 43
CS 386, 390.
Subsec. (3):
Cited. 213 C. 184, 213. Cited. 214 C. 560, 564. Cited. 221 C. 422, 425, 427. Subdiv. (A) cited. Id., 422, 427. Subdiv.
(A) cited. 224 C. 693, 700. Cited. 227 C. 545, 558. Cited. 231 C. 391, 403. Cited. 232 C. 181, 195. Subdiv. (C) cited. 234
C. 411, 412, 419−424. Cited. Id., 411, 418, 422, 424. Subdiv. (B) cited. Id., 411, 419. Subdiv. (A) cited. Id., 411, 419, 423.
Subdiv. (B) cited. Id., 424, 432. Cited. 238 C. 361. Subdiv. (A) cited. Id. Subdiv. (B) cited. Id. Subdiv. (C) cited. Id. Cited.
239 C. 124. Subdiv. (A) cited. Id. Subdiv. (B) cited. Id.
Cited. 37 CA 653, 654, 659, 660, 668; judgment reversed, see 238 C. 361 et seq. Cited. Id., 777, 781. Subdiv. (A) cited.
44 CA 143.
Subsec. (4):
Cited. 213 C. 184, 185, 215.
Subsec. (5):
Cited. 176 C. 82, 84, 85, 87. Cited. 205 C. 324, 327, 328, 330, 332. Cited. 207 C. 674, 679−681. Cited. 212 C. 157,
162, 163.
Cited. 3 CA 416, 419. Cited. 14 CA 376, 379.
Parties admitted at a Blue Cross rate hearing, need only be served notice of an appeal, not necessarily made parties to
the appeals. 31 CS 257. Cited. 38 CS 24, 34.
Subsec. (6):
Cited. 226 C. 792, 802. Cited. 235 C. 128, 138, 139, 142.
Subsec. (7):
Former section 4-41 defined "regulation" as "designed to implement, interpret or prescribe law or to establish the
general policy of such department or agency." 165 C. 559, 568. Not mandatory that such regulations be adopted by motor
vehicle department relative to hearings on suspension or revocation of dealers' licenses, but hearings not to violate the
fundamentals of natural justice. Id. Cited. 177 C. 356, 361, 365. Cited. 183 C. 76, 82. Applicability of statute to regulations
promulgated under Sec. 14-298 discussed. Id., 313, 314, 325, 326, 329. Cited. 187 C. 458, 462, 464. Cited. 191 C. 384,
401, 402. Cited. 200 C. 133, 144. Cited. Id., 489, 517. Cited. 204 C. 287, 293.
Cited. 9 CA 622, 625.
Cited. 34 CS 225, 230, 233, 237, 239, 245, 247. Cited. 41 CS 271, 279, 280.
Subsec. (8):
Cited. 30 CA 85, 86, 89, 90.
Subsec. (9):
Cited. 37 CA 653, 664; judgment reversed, see 238 C. 361 et seq.
Subsec. (13):
Cited. 25 CA 555, 561.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) No agency regulation is enforceable against any person or party, nor may it be
invoked by the agency for any purpose, until (1) it has been made available for public
inspection as provided in this section and (2) the regulation or a notice of the adoption
of the regulation has been published in the Connecticut Law Journal pursuant to section
4-173. This provision is not applicable in favor of any person or party who has actual
notice or knowledge thereof. The burden of proving the notice or knowledge is on the
agency. The provisions of subdivision (2) of this subsection shall not apply to regulations
adopted under subsection (f) of section 4-168.
(1971, P.A. 854, S. 2; P.A. 73-620, S. 4, 19; P.A. 76-297, S. 1; P.A. 88-317, S. 2, 107.)
History: P.A. 73-620 made technical changes; P.A. 76-297 required that rules of practice conform to provisions of
chapter; P.A. 88-317 repealed former Subdiv. (4) of Subsec. (a), which required final orders, decisions and opinions to be
made available for public inspection, and amended Subsec. (b) to provide that no regulation, except an emergency regulation, is enforceable unless regulation or notice published in law journal and to place burden of proving notice on agency,
effective July 1, 1989, and applicable to agency proceedings commenced on or after that date.
Cited. 165 C. 448, 450, 453. Cited. 172 C. 263. Cited. 173 C. 462, 465. Cited. 183 C. 76, 83, 84. Cited. 184 C. 311,
314, 316. Cited. 186 C. 153, 156. Cited. 191 C. 173, 175. Cited. 239 C. 32.
Cited. 1 CA 1, 2.
Commission on hospitals and health care decision upheld although the commission failed to adopt rules of practice
pursuant to section 4-167 because plaintiff failed to assert claim under section 4-174 at hearing. 32 CS 300. Cited. 40 CS
365, 372, 378.
Subsec. (a):
Subdiv. (1) cited. 201 C. 448, 456. Subdiv.(2): Section not violated by department regulation incorporating by reference
uniform administrative procedure act rules of procedure. 207 C. 77−83, 86, 88.
Cited. 9 CA 622, 624. Subdiv. (2) cited. Id., 622, 624, 625.
Subsec. (b):
Cited. 200 C. 489, 517.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) If an agency is required by a public act to adopt regulations, the agency, within
five months after the effective date of the public act or by the time specified in the public
act, shall publish in the Connecticut Law Journal the notice required by subsection (a)
of its intent to adopt regulations. If the agency fails to publish the notice within such
five-month period or by the time specified in the public act, the agency shall submit a
written statement of its reasons for failure to do so to the Governor, the joint standing
committee having cognizance of the subject matter of the regulations and the standing
legislative regulation review committee. The agency shall submit the required regulations to the standing legislative regulation review committee, as provided in subsection
(b) of section 4-170, not later than one hundred eighty days after publication of the
notice of its intent to adopt regulations, or submit a written statement of its reasons for
failure to do so to the committee.
(c) An agency may begin the regulation-making process under this chapter before
the effective date of the public act requiring or permitting the agency to adopt regulations,
but no regulation may take effect before the effective date of such act.
(d) Upon reaching a decision on whether to proceed with the proposed regulation
or to alter its text from that initially proposed, the agency, at least twenty days before
submitting the proposed regulation to the standing legislative regulation review committee, shall mail to all persons who have made submissions pursuant to subdivision (6)
of subsection (a) of this section or who have made statements or oral arguments concerning the proposed regulation and who have requested notification, notice that it has decided to take action on the proposed regulation and that it has made available for copying
and inspection pursuant to the Freedom of Information Act, as defined in section 1-200:
(1) The final wording of the proposed regulation; (2) a statement of the principal reasons
in support of its intended action; and (3) a statement of the principal considerations in
opposition to its intended action as urged in written or oral comments on the proposed
regulation and its reasons for rejecting such considerations.
(e) Except as provided in subsection (f) of this section, no regulation may be
adopted, amended or repealed by any agency until it is (1) approved by the Attorney
General as to legal sufficiency, as provided in section 4-169, (2) approved by the standing
legislative regulation review committee, as provided in section 4-170 and (3) filed in
the office of the Secretary of the State, as provided in section 4-172.
(f) (1) An agency may proceed to adopt an emergency regulation in accordance
with this subsection without prior notice or hearing or upon any abbreviated notice and
hearing that it finds practicable if (A) the agency finds that adoption of a regulation
upon fewer than thirty days' notice is required (i) due to an imminent peril to the public
health, safety or welfare or (ii) by the Commissioner of Environmental Protection in
order to comply with the provisions of interstate fishery management plans adopted by
the Atlantic States Marine Fisheries Commission or to meet unforeseen circumstances
or emergencies affecting marine resources, (B) the agency states in writing its reasons
for that finding and (C) the Governor approves such finding in writing.
(2) The original of such emergency regulation and eighteen copies shall be submitted to the standing legislative regulation review committee in the form prescribed in
subsection (b) of section 4-170, together with a statement of the terms or substance of
the intended action, the purpose of the action and a reference to the statutory authority
under which the action is proposed, not later than ten days, excluding Saturdays, Sundays
and holidays, prior to the proposed effective date of such regulation. The committee
may approve or disapprove the regulation, in whole or in part, within such ten-day period
at a regular meeting, if one is scheduled, or may upon the call of either chairman or any
five or more members hold a special meeting for the purpose of approving or disapproving the regulation, in whole or in part. Failure of the committee to act on such regulation
within such ten-day period shall be deemed an approval. If the committee disapproves
such regulation, in whole or in part, it shall notify the agency of the reasons for its action.
An approved regulation, filed in the office of the Secretary of the State, may be effective
for a period of not longer than one hundred twenty days renewable once for a period of
not exceeding sixty days, provided notification of such sixty-day renewal is filed in the
office of the Secretary of the State and a copy is given to the committee, but the adoption
of an identical regulation in accordance with the provisions of subsections (a), (b) and
(d) of this section is not precluded. The sixty-day renewal period may be extended an
additional sixty days for emergency regulations described in subparagraph (A)(ii) of
subdivision (1) of this subsection, provided the Commissioner of Environmental Protection requests of the standing legislative regulation review committee an extension of
the renewal period at the time such regulation is submitted or not less than ten days
before the first sixty-day renewal period expires and said committee approves such
extension. Failure of the committee to act on such request within ten days shall be
deemed an approval of the extension.
(3) If the necessary steps to adopt a permanent regulation, including publication of
notice of intent to adopt, preparation and submission of a fiscal note in accordance with
the provisions of subsection (b) of section 4-170 and approval by the Attorney General
and the standing legislative regulation review committee, are not completed prior to the
expiration date of an emergency regulation, the emergency regulation shall cease to be
effective on that date.
(g) If an agency finds (1) that technical amendments to an existing regulation are
necessary because of (A) the statutory transfer of functions, powers or duties from the
agency named in the existing regulation to another agency, (B) a change in the name
of the agency, (C) the renumbering of the section of the general statutes containing
the statutory authority for the regulation, or (D) a correction in the numbering of the
regulation, and no substantive changes are proposed, or (2) that the repeal of a regulation
is necessary because the section of the general statutes under which the regulation has
been adopted has been repealed and has not been transferred or reenacted, it may elect
to comply with the requirements of subsection (a) or may proceed without prior notice
or hearing. Any such amendments to or repeal of a regulation shall be submitted in the
form and manner prescribed in subsection (b) of section 4-170, to the Attorney General,
as provided in section 4-169, and to the standing legislative regulation review committee,
as provided in section 4-170, for approval and upon approval shall be filed in the office
of the Secretary of the State with, in the case of renumbering of sections only, a correlated
table of the former and new section numbers.
(h) No regulation adopted after October 1, 1985, is valid unless adopted in substantial compliance with this section. A proceeding to contest any regulation on the ground
of noncompliance with the procedural requirements of this section shall be commenced
within two years from the effective date of the regulation.
(1971, P.A. 854, S. 3; P.A. 73-616, S. 3; 73-620, S. 5, 19; P.A. 77-604, S. 82, 84; P.A. 78-283, S. 1; P.A. 79-623, S. 4,
5, 8; P.A. 80-471, S. 2; P.A. 83-277, S. 1, 3; P.A. 84-132; P.A. 85-608, S. 1; P.A. 86-250, S. 1, 4; P.A. 88-317, S. 3, 107;
P.A. 90-124, S. 1; P.A. 94-179, S. 2; P.A. 96-16; P.A. 97-47, S. 26; P.A. 99-90, S. 2−4; P.A. 00-62.)
History: P.A. 73-616 made technical changes; P.A. 73-620 required that requests to present arguments be made within
ten days of proposed regulation's publication and deleted provisions requiring publication of a defense of any regulation's
adoption; P.A. 77-604 clarified procedure for adopting emergency regulations by requiring notice to and approval or
rejection by regulation review committee at regular or special meeting; P.A. 78-283 allowed disapproval of emergency
regulations in whole or in part, required notice to review committee of regulation's renewal and added provisions regarding
adoption of emergency regulation as permanent regulation; P.A. 79-623 amended section to include provisions concerning
fiscal notes, effective with respect to fiscal year ending June 30, 1980; P.A. 80-471 substantially amended section, in
Subsec. (a), changing notice requirement from twenty to thirty days, clarifying contents of notice statement and providing
for mailing to interested persons and in Subsec. (b) requiring governor's approval of emergency regulations, changing
date of notice to review committee from five to ten days prior to regulation's effective date and requiring regulations to
be filed in secretary of the state's office; P.A. 83-277 inserted new Subsec. (c) which sets forth the procedure governing
the adoption of technical amendments to agency regulations, relettering former Subsec. (c) accordingly; P.A. 84-132 added
requirement that agencies submit proposed regulations to committee within one hundred eighty days after publication of
notice and permitted technical amendment of regulations without hearing when general statute under which regulations
were adopted is repealed; P.A. 85-608 changed publication of notice requirement in Subsec. (a) from one year to five
months or by the first day of November following the passage of the act, whichever is earlier; P.A. 86-250 made technical
changes including relettering of subsections and deleted requirement that agencies publish notice of intent to adopt regulations by November first following passage of act requiring adoption; P.A. 88-317 relettered subsections and renumbered
subdivisions, rearranged and rephrased provisions, made other technical revisions and amended Subsec. (c) to allow agency
to begin regulation-making process before effective date of act requiring or authorizing regulations, effective July 1, 1989,
and applicable to agency proceedings commenced on or after that date; P.A. 90-124 amended Subsec. (a) to require an
agency, prior to adopting a regulation, to give notice of its intended action to each committee of the general assembly
having cognizance of the subject of the regulation and provided that no regulation shall be found invalid due to an agency's
failure to give such notice to each such committee if one such committee has been so notified; in 1993 the reference in
Subsec. (d) to "subdivision (5) of subsection (a)" corrected editorially to "subdivision (6) of subsection (a)" to reflect
renumbering of subdivisions in P.A. 90-124, S. 1; P.A. 94-179 amended Subdiv. (5) of Subsec. (a) to require regulatory
flexibility analysis to be included in fiscal note, if applicable (Revisor's note: Language newly designated as Subparas.
(1) and (2) within Subdiv. (5) was editorially redesignated by the Revisors as Subparas. (A) and (B) for statutory conformity);
P.A. 96-16 amended Subsec. (f) to authorize emergency regulations by the Commissioner of Environmental Protection re
fishery management and to make technical changes; P.A. 97-47 amended Subsec. (d) by substituting "the Freedom of
Information Act, as defined in section 1-18a" for "chapter 3"; P.A. 99-90 amended Subsec. (b) by inserting "as provided
in subsection (b) of section 4-170", amended Subsec. (f)(2) by requiring eighteen copies, instead of seventeen copies, to
be submitted to regulation review committee and amended Subsec. (g) by inserting "or (D) a correction in the numbering
of the regulation,"; P.A. 00-62 amended Subsec. (f)(2) by adding provision allowing additional sixty days for emergency
fisheries regulations.
Compliance with sections 4-169 and 4-170 is required by this section. 165 C. 448, 453. Cited. 171 C. 691, 695. Cited.
172 C. 263. Cited. 173 C. 462, 465. Cited. 177 C. 356, 361, 364. Cited. 183 C. 76, 83. Cited. 186 C. 153, 156. Cited. 187
C. 458, 461. Cited. 188 C. 152, 155. Cited. 191 C. 173, 175; Id., 384, 400, 405. Cited. 200 C. 489, 517. Cited. 223 C. 573,
581. Cited. 239 C. 32.
Cited. 1 CA 1, 2. Cited. 11 CA 693, 696. Cited. 16 CA 497, 506. Cited. 33 CA 775, 780. Cited. 37 CA 653, 660;
judgment reversed, see 238 C. 361 et seq.
Cited. 34 CS 225, 233, 235, 243.
Subsec. (a):
Cited. 204 C. 287, 293. Cited. 214 C. 601, 603, 604, 607. Subdiv. (1)(A) cited. Id., 601, 607, 608. Subdiv. (1)(B) cited.
Id., 601, 608, 609.
Cited. 34 CS 225, 230, 237, 239. Cited. 42 CS 323, 334, 335.
Subsec. (b):
Cited. 184 C. 311, 316.
Cited. 34 CS 225, 230.
Subsec. (c):
Cited. 191 C. 384, 399, 403, 404.
Cited. 34 CS 225, 238−240.
Subsec. (d):
Cited. 12 CA 455, 467.
Subsec. (f):
Cited. 42 CS 323, 326−328.
Subsec. (h):
Cited. 25 CA 555, 561.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1) "Agency", "proposed regulation" and "regulation" shall have the same meanings as provided in section 4-166; and
(2) "Small business" means a business entity, including its affiliates, that (A) is
independently owned and operated and (B) employs fewer than fifty full-time employees
or has gross annual sales of less than five million dollars, provided that an agency, in
adopting regulations in accordance with the provisions of this chapter, may define "small
business" to include a greater number of full-time employees, not to exceed applicable
federal standards or five hundred, whichever is less, if necessary to meet the needs and
address specific problems of small businesses.
(b) Prior to the adoption of any proposed regulation on and after October 1, 1994,
each agency shall prepare a regulatory flexibility analysis in which the agency shall,
where consistent with public health, safety and welfare, consider utilizing regulatory
methods that will accomplish the objectives of applicable statutes while minimizing
adverse impact on small businesses. The agency shall consider, without limitation, each
of the following methods of reducing the impact of the proposed regulation on small
businesses:
(1) The establishment of less stringent compliance or reporting requirements for
small businesses;
(2) The establishment of less stringent schedules or deadlines for compliance or
reporting requirements for small businesses;
(3) The consolidation or simplification of compliance or reporting requirements for
small businesses;
(4) The establishment of performance standards for small businesses to replace
design or operational standards required in the proposed regulation; and
(5) The exemption of small businesses from all or any part of the requirements
contained in the proposed regulation.
(c) Prior to the adoption of any proposed regulation that may have an adverse impact
on small businesses, each agency shall notify the Department of Economic and Community Development of its intent to adopt the proposed regulation. The Department of
Economic and Community Development shall advise and assist agencies in complying
with the provisions of this section.
(d) The requirements contained in this section shall not apply to emergency regulations issued pursuant to subsection (c) of section 4-168; regulations that do not affect
small businesses directly, including, but not limited to, regulations concerning the administration of federal programs; regulations concerning costs and standards for service
businesses such as nursing homes, long-term care facilities, medical care providers,
day care facilities, water companies, nonprofit 501(c)(3) agencies, group homes and
residential care facilities; and regulations adopted to implement the provisions of sections 4a-60g to 4a-60i, inclusive.
(P.A. 87-359, S. 1−3; P.A. 94-179, S. 1; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 94-179 amended Subsec. (b) by requiring each agency to prepare regulatory flexibility analysis prior to
adoption of any proposed regulation on and after October 1, 1994, and amended Subsec. (c) by substituting "department
of economic development" for "office of small business affairs"; P.A. 95-250 and P.A. 96-211 replaced Commissioner and
Department of Economic Development with Commissioner and Department of Economic and Community Development.
Cited. 239 C. 32.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) The agency regulation-making record shall contain: (1) Copies of all publications in the Connecticut Law Journal with respect to the regulation or the proceeding
upon which the regulation is based; (2) a copy of any written analysis prepared for
the proceeding upon which the regulation is based; (3) all written petitions, requests,
submissions, and comments received by the agency and considered by the agency in
connection with the formulation, proposal or adoption of the regulation or the proceeding
upon which the regulation is based; (4) the official transcript, if any, of proceedings
upon which the regulation is based or, if not transcribed, any tape recording or stenographic record of such proceedings, and any memoranda prepared by any member or
employee of the agency summarizing the contents of the proceedings; (5) a copy of all
official documents relating to the regulation, including the regulation filed in the office
of the Secretary of the State, a statement of the principal considerations in opposition
to the agency's action, and the agency's reasons for rejecting such considerations, as
required pursuant to section 4-168 and the fiscal note prepared pursuant to subsection
(a) of said section 4-168 and section 4-170; (6) a copy of any petition for the regulation
filed pursuant to section 4-174; and (7) copies of all comments or communications
between the agency and the legislative regulation review committee.
(c) The agency regulation-making record need not constitute the exclusive basis
for agency action on that regulation or for judicial review thereof.
(P.A. 88-317, S. 8, 107.)
History: P.A. 88-317 effective July 1, 1989, and applicable to all agency proceedings commenced on or after that date.
Cited. 239 C. 32.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1971, P.A. 854, S. 4; P.A. 80-471, S. 3; P.A. 87-589, S. 19, 87; P.A. 88-317, S. 4, 107.)
History: P.A. 80-471 required that the original, rather than a copy, be submitted to attorney general for approval and
then submitted to review committee and defined "legal sufficiency" for purposes of section; P.A. 87-589 substituted
reference to Subsec. (e) for reference to Subsec. (b) of Sec. 4-168; P.A. 88-317 made technical changes, effective July 1,
1989, and applicable to agency proceedings commencing on or after that date.
Cited. 165 C. 448, 453. Cited. 171 C. 691, 695. Cited. 172 C. 263. Cited 173 C. 462, 465. Cited. 177 C. 356, 361. Cited.
186 C. 153, 156. Cited. 187 C. 458, 461. Cited. 191 C. 173, 175; Id., 384, 400, 405. Cited. 239 C. 32.
Cited. 1 CA 1, 2. Cited. 26 CA 132, 134.
Cited. 34 CS 225, 230, 233, 238.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) (1) No adoption, amendment or repeal of any regulation, except a regulation
issued pursuant to subsection (f) of section 4-168, shall be effective until (A) the original
of the proposed regulation approved by the Attorney General, as provided in section 4-
169, and eighteen copies thereof are submitted to the standing legislative regulation
review committee at the designated office of the committee, in a manner designated by
the committee, by the agency proposing the regulation, (B) the regulation is approved
by the committee, at a regular meeting or a special meeting called for the purpose, and
(C) the regulation is filed in the office of the Secretary of the State by the agency, as
provided in section 4-172. (2) The date of submission for purposes of subsection (c) of
this section shall be the first Tuesday of each month. Any regulation received by the
committee on or before the first Tuesday of a month shall be deemed to have been
submitted on the first Tuesday of that month. Any regulation submitted after the first
Tuesday of a month shall be deemed to be submitted on the first Tuesday of the next
succeeding month. (3) The form of proposed regulations which are submitted to the
committee shall be as follows: New language added to an existing regulation shall be
in capital letters or underlining, as determined by the committee; language to be deleted
shall be enclosed in brackets and a new regulation or new section of a regulation shall
be preceded by the word "(NEW)" in capital letters. Each proposed regulation shall
have a statement of its purpose following the final section of the regulation. (4) The
committee may permit any proposed regulation, including, but not limited to, a proposed
regulation which by reference incorporates in whole or in part, any other code, rule,
regulation, standard or specification, to be submitted in summary form together with a
statement of purpose for the proposed regulation. On and after October 1, 1994, if the
committee finds that a federal statute requires, as a condition of the state exercising
regulatory authority, that a Connecticut regulation at all times must be identical to a
federal statute or regulation, then the committee may approve a Connecticut regulation
that by reference specifically incorporates future amendments to such federal statute or
regulation provided the agency that proposed the Connecticut regulation shall submit
for approval amendments to such Connecticut regulations to the committee not later
than thirty days after the effective date of such amendment, and provided further the
committee may hold a public hearing on such Connecticut amendments. (5) The agency
shall prepare a fiscal note, including an estimate of the cost or of the revenue impact on
the state and any municipality, and shall append a copy of the note to each copy of the
proposed regulation. At the time of submission to the committee, the agency shall mail
or submit a copy of the proposed regulation and the fiscal note, prepared in accordance
with subsection (a) of section 4-168, to (A) the Office of Fiscal Analysis which, within
seven days of receipt, shall submit an analysis of the fiscal note to the committee; and
(B) each joint standing committee of the General Assembly having cognizance of the
subject matter of the proposed regulation. No regulation shall be found invalid due to
the failure of an agency to submit a copy of the proposed regulation and the fiscal note
to each committee of cognizance, provided such regulation and fiscal note has been
submitted to one such committee.
(c) The committee shall review all proposed regulations and, in its discretion, may
hold public hearings thereon, and may approve, disapprove or reject without prejudice,
in whole or in part, any such regulation. If the committee fails to so approve, disapprove
or reject without prejudice a proposed regulation, within sixty-five days after the date
of submission as provided in subsection (b), the committee shall be deemed to have
approved the proposed regulation for purposes of this section.
(d) If the committee disapproves a proposed regulation in whole or in part, it shall
give notice of the disapproval and the reasons for the disapproval to the agency, and no
agency shall thereafter issue any regulation or directive or take other action to implement
such disapproved regulation or part thereof, as the case may be, except that the agency
may adopt a substantively new regulation in accordance with the provisions of this
chapter, provided the General Assembly may reverse such disapproval under the provisions of section 4-171. If the committee disapproves any regulation proposed for the
purpose of implementing a federally subsidized or assisted program, the General Assembly shall be required to either sustain or reverse the disapproval.
(e) If the committee rejects a proposed regulation without prejudice, in whole or in
part, it shall notify the agency of the reasons for the rejection and the agency shall
resubmit the regulation in revised form, if the adoption of such regulation is required
by the general statutes or any public or special act, not later than the first Tuesday of
the second month following such rejection without prejudice and may so resubmit any
other regulation, in the same manner as provided in this section for the initial submission
with a summary of revisions identified by paragraph. The committee shall review and
take action on such revised regulation no later than thirty-five days after the date of
submission, as provided in subsection (b) of this section. Publication of the notice in
the Connecticut Law Journal pursuant to the provisions of section 4-168 shall not be
required in the case of such resubmission.
(f) If an agency fails to file any regulation approved in whole or in part by the
standing regulation review committee in the office of the Secretary of the State as provided in section 4-172, within fourteen days after the date of approval, the agency shall
notify the committee, within five days after such fourteen-day period, of its reasons for
not so filing. If any agency fails to comply with the time limits established under subsection (b) of section 4-168 or under subsection (e) of this section, the administrative head
of such agency shall submit to the committee a written explanation of the reasons for
such noncompliance. The committee, upon the affirmative vote of two-thirds of its
members, may grant an extension of the time limits established under subsection (b) of
section 4-168 and under subsection (e) of this section. If no such extension is granted, the
administrative head of the agency shall personally appear before the standing legislative
regulation review committee, at a time prescribed by the committee, to explain such
failure to comply. After any such appearance, the committee may, upon the affirmative
vote of two-thirds of its members, report such noncompliance to the Governor. Within
fourteen days thereafter the Governor shall report to the committee concerning the action
he has taken to ensure compliance with the provisions of section 4-168 and with the
provisions of this section.
(1971, P.A. 854, S. 5; 1972, P.A. 258, S. 2; P.A. 73-396, S. 1, 2; P.A. 76-297, S. 2; 76-434, S. 3, 12; P.A. 78-283, S.
2; P.A. 79-623, S. 2, 8; P.A. 80-471, S. 4; P.A. 83-322, S. 1, 2; P.A. 85-608, S. 2; P.A. 86-250, S. 2, 4; 86-403, S. 9, 132;
P.A. 88-317, S. 5, 107; P.A. 90-124, S. 2; P.A. 94-76; P.A. 95-41; P.A. 99-90, S. 5.)
History: 1972 act specified the form of proposed regulations to be presented to regulation review committee; P.A. 73-
396 changed date of appointment from July 1 to the first Wednesday after the first Monday in January of odd-numbered
years and required seventeen copies rather than one copy to be given the review committee; P.A. 76-297 allowed submission
of regulations in summary form and included procedure for course of action if committee rejects resolution without prejudice; P.A. 76-434 deleted provision providing per diem and reimbursement for expenses; P.A. 78-283 required that regulations be filed in secretary of the state's office and required notification of review committee if filing not performed; P.A.
79-623 added provisions concerning fiscal notes; P.A. 80-471 revised form of submitted regulations and permitted summary
form; P.A. 83-322 specified the date of submission of proposed regulations for the purposes of Subsec. (c), and required
that the proposed regulations be submitted at the designated office of the legislative regulation review committee; P.A.
85-608 upon disapproval of a proposed regulation, mandated adoption of a substantively new regulation, when required
by public act and permitted adoption of any other regulation, mandated resubmission of revised regulation, if the adoption
of such regulation is required by public act and permitted resubmission of any other regulation and provided procedures
upon failure to comply with time limits imposed by Sec. 4-168; P.A. 86-250 made technical changes, deleted requirement
that agency adopt a substantively new regulation in case of disapproval by committee and specified time for resubmittal
of regulation rejected without prejudice; P.A. 86-403 made technical change; P.A. 88-317 made technical changes, effective
July 1, 1989, and applicable to agency proceedings commencing on or after that date; P.A. 90-124 amended Subsec. (b)
to require that agency, at the time of submission of a proposed regulation to the regulation review committee, submit such
regulation to each committee of the general assembly having cognizance of the subject of the regulation and provided no
regulation shall be found invalid due to an agency's failure to submit such regulation to each such committee if such
submission has been made to one such committee; P.A. 94-76 in Subsec. (b) authorized the approval of a Connecticut
regulation which specifically incorporates future amendments to a federal statute or regulation; P.A. 95-41 amended Subsec.
(e) to change date by which committees shall review and take action on revised regulation from "within" to "no later than"
thirty-five days after date of submission; P.A. 99-90 amended Subsec. (b) by dividing the Subsec. into Subdivs. and
Subparas., substituting "eighteen copies" for "seventeen copies" and inserting ", in a manner designated by the committee,"
in Subdiv. (1), and allowing new language in a regulation to be underlined as an alternative to capital letters, as determined
by the committee, in Subdiv. (2) and made technical changes.
Cited. 165 C. 448, 450, 453. Cited. 168 C. 597. Cited. 171 C. 691, 695. Cited. 172 C. 263. Cited. 173 C. 462, 465.
Cited. 177 C. 356, 361. Constitutionality of statute not in question since disputed regulation was not subject to review
under the statutes. 183 C. 313−315, 317−319, 323−325, 329. Cited. 186 C. 153, 156. Cited. 187 C. 458, 461. Cited. 191
C. 173, 175; Id., 384, 400, 405. Cited. 200 C. 133, 144. Cited. 202 C. 583, 600. Cited. 204 C. 122, 129; Id., 287, 295. Cited.
215 C. 590, 598. Cited. 217 C. 631, 642. Cited. 221 C. 206, 211. Cited. 232 C. 599, 614. Cited. 234 C. 614, 623. Cited.
239 C. 32.
Cited. 1 CA 1, 2. Cited. 26 CA 132, 134. Cited. 28 CA 145, 159.
Cited. 34 CS 225, 230, 233, 238. Cited. 42 CS 602, 612.
Subsec. (b):
Cited. 39 CA 216, 221.
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(P.A. 73-512; P.A. 88-317, S. 106, 107.)
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(1) A list of every section of the general statutes that requires the agency to adopt
regulations on or before January first of such year if the agency (A) has not submitted
the proposed regulations to the committee as provided in section 4-170 by said December
first, or (B) submitted proposed regulations which were rejected without prejudice by
the committee and the agency has not resubmitted the proposed regulations to the committee as provided in section 4-170 by said December first;
(2) A date by which the agency proposes to submit or resubmit each of the proposed
regulations; and
(3) An explanation in writing by the administrative head of the agency of the reasons
each such proposed regulation was not submitted or resubmitted to the committee on
or before the date by which the agency is required by the general statutes to adopt the
regulation.
(P.A. 97-29, S. 1, 3.)
History: P.A. 97-29 effective July 1, 1997.
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(1971, P.A. 854, S. 6; P.A. 76-297, S. 3; P.A. 80-471, S. 5; P.A. 88-317, S. 6, 107; P.A. 90-230, S. 4, 101; P.A. 97-29,
S. 2, 3.)
History: P.A. 76-297 clarified officer of senate intended by making "president of the senate" "president pro tempore
..."; P.A. 80-471 replaced reference to Subsec. (b) of Sec. 4-170 with reference to Subsec. (c) and changed provisions
regarding sustaining disapproval of regulations to provisions regarding reversal of disapproval of regulations; P.A. 88-
317 made technical changes, effective July 1, 1989, and applicable to agency proceedings commencing on or after that
date; P.A. 90-230 made a technical change; P.A. 97-29 added requirement for submission of list of required agency
regulations not submitted or resubmitted as provided in Sec. 4-170b, effective July 1, 1997.
Cited. 171 C. 691, 695. Cited. 172 C. 263. Cited. 173 C. 462, 465. Cited. 186 C. 153, 156. Cited. 191 C. 173, 175.
Cited. 239 C. 32.
Cited. 1 CA 1, 2.
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(b) Each regulation hereafter adopted is effective upon filing, except that: (1) If a
later date is required by statute or specified in the regulation, the later date is the effective
date; (2) a regulation may not be effective before the effective date of the public act
requiring or permitting the regulation; and (3) subject to applicable constitutional or
statutory provisions, an emergency regulation becomes effective immediately upon filing with the Secretary of the State, or at a stated date less than twenty days thereafter,
if the agency finds that this effective date is necessary because of imminent peril to the
public health, safety, or welfare. The agency's finding and a brief statement of the reasons therefor shall be filed with the regulation. The agency shall take appropriate measures to make emergency regulations known to the persons who may be affected by them.
(c) The Secretary of the State, upon receipt of the certified copies of each regulation
as provided in subsection (a) of this section, shall include the effective date of the particular regulation on one copy thereof, and forward the copy to the Commission on Official
Legal Publications which shall publish the regulation in accordance with the provisions
of section 4-173.
(1971, P.A. 854, S. 7; P.A. 88-317, S. 7, 107.)
History: P.A. 88-317 added new Subdiv. (2) to Subsec. (b), providing that a regulation may not be effective before
effective date of act requiring or permitting the regulation, and made technical changes, effective July 1, 1989, and applicable
to agency proceedings commencing on or after that date.
Cited. 165 C. 448, 450, 453. Cited. 171 C. 691, 695. Cited. 172 C. 263. Cited. 173 C. 462, 465. Cited. 177 C. 356, 361.
Cited. 183 C. 313, 322, 323. Cited. 186 C. 153, 156. Cited. 187 C. 458, 461. Cited. 191 C. 173, 175; Id., 384, 400, 405.
Cited. 239 C. 32.
Cited. 1 CA 1, 2.
Cited. 34 CS 225, 233, 238.
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(b) The Commission on Official Legal Publications shall in addition cause to be
published in the Connecticut Law Journal at least monthly the text of all regulations
received by such commission from the office of the Secretary of the State pursuant to
section 4-172 during the preceding month. The commission may omit from the Connecticut Law Journal (1) any regulation submitted in accordance with subsection (f) of section 4-168, for the purposes of renumbering sections only, if a correlated table of the
former and new section numbers is published in lieu of the full text, (2) any regulation
that is incorporated by reference into a Connecticut regulation and published by or
otherwise available in printed form from a federal agency, a government agency of
another state or a commercial publishing company and (3) any regulation the publication
of which would be too expensive or unduly cumbersome. If such commission omits a
regulation from publication in the Connecticut Law Journal under subdivision (2) or
(3) of this subsection, the commission shall publish in the Connecticut Law Journal a
notice identifying the omitted regulation, stating the general subject matter of the regulation and stating an address, telephone number and any other information needed to
obtain a copy of the regulation.
(c) Each agency which adopts a regulation shall make the regulation available for
inspection and copying at its main office.
(d) Any publication made pursuant to subsections (a) and (b) of this section shall
be made available upon request to agencies and officials of this state free of charge, and
to other persons at prices fixed by the Commission on Official Legal Publications, in
accordance with section 51-216b.
(e) The compilation of regulations published under subsection (a) of this section
and all Connecticut regulations omitted from the compilation under subsection (a) shall
be maintained in the reference collection of each law library described in section 11-19a.
(1971, P.A. 854, S. 8; P.A. 76-297, S. 4; P.A. 80-471, S. 6; P.A. 83-277, S. 2, 3; P.A. 88-133.)
History: P.A. 76-297 deleted previous Subsec. (a) requiring publication of regulations and index by October 27, 1970,
and relettered remaining Subsecs. accordingly, deleting provision for periodic publication of revised index by commission
on official legal publications in current Subsec. (a) (formerly Subsec. (b)); P.A. 80-471 deleted reference to regulations
adopted pursuant to Subsec. (b) of Sec. 4-168 in Subsec. (b) of section; P.A. 83-277 amended Subsec. (b) by allowing the
publication of a correlated table of former and new section numbers for those regulations submitted with technical changes;
P.A. 88-133 replaced exceptions to publication of regulations in Subsec. (c) with enumerated exceptions in Subsecs. (a)
and (b), added a requirement in Subsecs. (a) and (b) for publication of notice of omitted regulations, inserted new Subsec.
(c) requiring agencies to make regulations available for inspection and copying, added new Subsec. (e) requiring all
regulations to be maintained in law libraries and made technical changes.
Cited. 171 C. 691, 695. Cited. 172 C. 263. Cited. 173 C. 462, 465. Cited. 186 C. 153, 156. Cited. 191 C. 173, 175.
Cited. 239 C. 32.
Cited. 1 CA 1, 2. Cited. 25 CA 555, 560.
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(1971, P.A. 854, S. 9.)
Cited. 32 CS 300. Cited. 169 C. 344, 372. Cited. 171 C. 691, 695. Cited. 172 C. 263. Cited. 173 C. 462, 465. Cited.
179 C. 111, 118. Cited. 186 C. 153, 156. Cited. 191 C. 173, 174. Cited. 239 C. 32.
Cited. 1 CA 1, 2.
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(b) When the action for declaratory judgment concerns the applicability or validity
of a regulation, the agency shall, within thirty days after service of the complaint, transmit to the court the original or a certified copy of the regulation-making record relating to
the regulation. The court may order the agency to transcribe any portion of the regulation-
making record that has not been transcribed and transmit to the court the original or a
certified copy of the transcription. By stipulation of all parties, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the
court for the additional costs.
(1971, P.A. 854, S. 10; P.A. 73-620, S. 7, 19; P.A. 76-436, S. 251, 681; P.A. 78-280, S. 5, 127; P.A. 88-230, S. 1, 12;
88-317, S. 9, 107.)
History: P.A. 73-620 included regulations and agency orders, deleting references to rules and changed basis for rendering
declaratory judgments; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 78-
280 replaced "Hartford county" with "the judicial district of Hartford-New Britain"; P.A. 88-230 proposed to replace
reference to "judicial district of Hartford-New Britain" with "judicial district of Hartford" effective September 1, 1991,
but said reference was deleted by P.A. 88-317; P.A. 88-317 designated former provisions as Subsec. (a), amended Subsec.
(a) to allow action re applicability of provision of general statutes and to substantially revise agency action or inaction
required before declaratory judgment may be sought and added Subsec. (b) re transmission of regulation-making record
to court, effective July 1, 1989, and applicable to agency proceedings commencing on or after that date.
Jurisdiction under this section which specifically provides for declaratory judgments under the Uniform Administrative
Procedure Act depends on whether the plaintiff's rights or privileges have been threatened or impaired. 165 C. 448, 452.
Cited. 171 C. 691, 695. Cited. 172 C. 263. Cited. 173 C. 352, 355, 356, 358, 462, 465. Cited. 178 C. 586, 588, 589. Cited.
183 C. 76, 80. Cited. 186 C. 153, 156. Cited. 191 C. 173, 175. Cited. 192 C. 460, 465−468. Cited. 194 C. 165, 171. Cited.
197 C. 554, 560, 561. Cited. 199 C. 609, 611. Cited. 204 C. 67, 75. Cited. 207 C. 346, 351. Cited. 208 C. 663, 672, 673.
Cited. 211 C. 436, 438. Cited. 214 C. 256, 268. Cited. 215 C. 616, 630. Cited. 218 C. 335, 336, 341, 344, 346. Cited. 239
C. 32. Cited. Id., 599.
Cited. 1 CA 1, 2. Cited. 6 CA 723, 725, 726. Cited. 17 CA 17, 45; judgment reversed, see 212 C. 570 et seq. Cited. 34
CA 123, 125−128.
Procedure to challenge regulation. 32 CS 153. Cited. 33 CS 86. Cited. 35 CS 13, 14. Cited. 39 CS 99, 101, 102; Id.,
462−464.
Subsec. (a):
Cited. 219 C. 520, 523. Cited. 222 C. 414, 421. Subdiv. (3) cited. 239 C. 124.
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(b) Each agency shall adopt regulations, in accordance with the provisions of this
chapter, that provide for (1) the form and content of petitions for declaratory rulings,
(2) the filing procedure for such petitions and (3) the procedural rights of persons with
respect to the petitions.
(c) Within thirty days after receipt of a petition for a declaratory ruling, an agency
shall give notice of the petition to all persons to whom notice is required by any provision
of law and to all persons who have requested notice of declaratory ruling petitions on
the subject matter of the petition.
(d) If the agency finds that a timely petition to become a party or to intervene has
been filed according to the regulations adopted under subsection (b) of this section, the
agency: (1) May grant a person status as a party if the agency finds that the petition
states facts demonstrating that the petitioner's legal rights, duties or privileges shall be
specifically affected by the agency proceeding; and (2) may grant a person status as
an intervenor if the agency finds that the petition states facts demonstrating that the
petitioner's participation is in the interests of justice and will not impair the orderly
conduct of the proceedings. The agency may define an intervenor's participation in the
manner set forth in subsection (d) of section 4-177a.
(e) Within sixty days after receipt of a petition for a declaratory ruling, an agency
in writing shall: (1) Issue a ruling declaring the validity of a regulation or the applicability
of the provision of the general statutes, the regulation, or the final decision in question
to the specified circumstances, (2) order the matter set for specified proceedings, (3)
agree to issue a declaratory ruling by a specified date, (4) decide not to issue a declaratory
ruling and initiate regulation-making proceedings, under section 4-168, on the subject,
or (5) decide not to issue a declaratory ruling, stating the reasons for its action.
(f) A copy of all rulings issued and any actions taken under subsection (e) of this
section shall be promptly delivered to the petitioner and other parties personally or by
United States mail, certified or registered, postage prepaid, return receipt requested.
(g) If the agency conducts a hearing in a proceeding for a declaratory ruling, the
provisions of subsection (b) of section 4-177c, section 4-178 and section 4-179 shall
apply to the hearing.
(h) A declaratory ruling shall be effective when personally delivered or mailed or
on such later date specified by the agency in the ruling, shall have the same status and
binding effect as an order issued in a contested case and shall be a final decision for
purposes of appeal in accordance with the provisions of section 4-183. A declaratory
ruling shall contain the names of all parties to the proceeding, the particular facts on
which it is based and the reasons for its conclusion.
(i) If an agency does not issue a declaratory ruling within one hundred eighty days
after the filing of a petition therefor, or within such longer period as may be agreed by
the parties, the agency shall be deemed to have decided not to issue such ruling.
(j) The agency shall keep a record of the proceeding as provided in section 4-177.
(1971, P.A. 854, S. 11; P.A. 73-620, S. 8, 19; P.A. 82-349, S. 3, 4; 82-472, S. 178, 183; P.A. 88-317, S. 10, 107.)
History: P.A. 73-620 made issuance of declaratory rulings discretionary and made provision for procedure if agency
fails to issue ruling if requested to do so; P.A. 82-349 added provision re appeals pursuant to Secs. 4-175 and 4-183; P.A.
82-472 made a technical change, replacing appeal with remedy consisting of action for declaratory judgment; P.A. 88-317
substituted new provisions for the entire former section, effective July 1, 1989, and applicable to all agency proceedings
commencing on or after that date.
Cited. 169 C. 344, 372. Cited. 171 C. 691, 695. Cited. 172 C. 263. Cited. 173 C. 352, 355, 356, 462, 465. Cited. 177
C. 356, 361; 178 C. 586, 589. Cited. 183 C. 67, 71; Id., 76, 78, 82. Cited. 186 C. 153, 156. Cited. 191 C. 173, 175. Cited.
192 C. 460, 468. Cited. 194 C. 165, 171. Cited. 197 C. 91, 96. Cited. Id., 554, 560, 561. Cited. 199 C. 609, 611. Cited. 200
C. 133, 134, 144. Cited. 203 C. 295, 297−299, 304. Cited. 204 C. 137, 146, 149. Cited. 208 C. 663, 672, 673; Id., 709,
712−714. Cited. 210 C. 349, 351; Id., 531, 537. Cited. 213 C. 184, 191. Cited. 214 C. 256, 269; Id., 726, 731. Cited. 215
C. 616, 629−631. Cited. 216 C. 253, 257. Cited. 218 C. 335−337, 340, 341, 344. Cited. 221 C. 422, 427. Cited. 222 C. 414,
422, 423. Cited. 223 C. 450, 452. Cited. 226 C. 792, 801, 811. Cited. 227 C. 545, 564. Cited. 234 C. 424, 426. Cited. 239
C. 32. Cited. Id., 124. Cited. Id., 599.
Cited. 1 CA 1, 2. Cited. 2 CA 68, 78. Cited. 4 CA 117, 119. Cited. 5 CA 253, 255, 258. Cited. 6 CA 723, 724, 726.
Cited. 17 CA 17, 45; judgment reversed, see 212 C. 570 et seq. Cited. 21 CA 629, 630; Id., 678, 687. Cited. 31 CA 400,
413; judgment reversed, see 230 C. 459 et seq. Cited. 34 CA 123−125, 127. Cited. 37 CA 653, 660; judgment reversed,
see 238 C. 361 et seq. Cited. 42 CA 631.
Challenge to regulation should begin with petition under this section. Adverse ruling is appealable under section 4-183
and failure to issue ruling permits action under section 4-175. 32 CS 153. Cited. 33 CS 86. Cited. 39 CS 99, 101; Id., 462−
466. Cited. 40 CS 381, 384. Cited. 44 CS 1, 8.
Subsec. (a):
Cited. 214 C. 256, 268, 270. Cited. 222 C. 414, 419−426, 432. Cited. 227 C. 545, 556, 557. Cited. 234 C. 424, 432.
Cited. 239 C. 124.
Cited. 42 CA 631. Cited. 43 CA 133.
Subsec. (b):
Cited. 222 C. 414, 425. Cited. 239 C. 124.
Subsec. (e):
Subdiv. (1) cited. 236 C. 681, 685.
Subdiv. (2) cited. 41 CA 827, 829. Subdiv. (5) cited. Id. Subdiv. (2) cited. 45 CA 83.
Subsec. (f):
Cited. 222 C. 414, 432.
Subsec. (g):
Cited. 217 C. 130, 141.
Cited. 45 CA 83.
Subsec. (h):
Cited. 222 C. 414, 423, 432. Cited. 236 C. 681, 686.
Subsec. (i):
Cited. 239 C. 124.
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(P.A. 88-317, S. 11, 107.)
History: P.A. 88-317 effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date.
Cited. 217 C. 130, 141. Cited. 226 C. 105, 139, 150, 151, 153. Cited. 239 C. 32.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) The notice shall be in writing and shall include: (1) A statement of the time,
place, and nature of the hearing; (2) a statement of the legal authority and jurisdiction
under which the hearing is to be held; (3) a reference to the particular sections of the
statutes and regulations involved; and (4) a short and plain statement of the matters
asserted. If the agency or party 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.
(c) Unless precluded by law, a contested case may be resolved by stipulation, agreed
settlement, or consent order or by the default of a party.
(d) The record in a contested case shall include: (1) Written notices related to the
case; (2) all petitions, pleadings, motions and intermediate rulings; (3) evidence received
or considered; (4) questions and offers of proof, objections and rulings thereon; (5) the
official transcript, if any, of proceedings relating to the case, or, if not transcribed, any
recording or stenographic record of the proceedings; (6) proposed final decisions and
exceptions thereto; and (7) the final decision.
(e) Any recording or stenographic record of the proceedings shall be transcribed
on request of any party. The requesting party shall pay the cost of such transcript. Nothing
in this section shall relieve an agency of its responsibility under section 4-183 to transcribe the record for an appeal.
(1971, P.A. 854, S. 12; P.A. 73-620, S. 9, 10, 19; P.A. 88-317, S. 12, 107.)
History: P.A. 73-620 amended Subsec. (e) omitting statement of matters officially noticed, proposed findings and
exceptions and staff memoranda or data submitted to hearing officer or agency members from record of contested case
and amended Subsec. (f) to require party requesting transcript to pay its cost; P.A. 88-317 amended Subsec. (b) to require
notice to be in writing, transferred provisions of former Subsec. (c) re opportunity to parties to respond and present evidence
and argument to Sec. 4-177c, relettered former Subsec. (d) to Subsec. (c) and rephrased provisions of the subsection,
relettered former Subsec. (e) to Subsec. (d) and amended Subsec. (e) to require notices, petitions, official transcript and
proposed final decisions and exceptions and final decisions to be included in contested case record, relettered former
Subsec. (f) to Subsec. (e) and amended Subsec. (e) by substituting "Any recording or stenographic record of the proceedings"
for "Oral proceedings or any part thereof" and adding provision re agency responsibility to transcribe the record for an
appeal, and transferred provisions of former Subsec. (g), which required findings of fact to be based exclusively on the
evidence and on matters officially noticed, to Sec. 4-180, effective July 1, 1989, and applicable to all agency proceedings
commencing on or after that date.
Cited. 171 C. 691, 695. Cited. 172 C. 263. Cited. 173 C. 462, 465, 470. Cited. 176 C. 82, 84; 177 C. 78, 82. Cited. 186
C. 153, 156. Cited. 188 C. 90, 95. Cited. 191 C. 173, 175. Cited. 207 C. 296, 303. Cited. 208 C. 442, 449. Cited. 210 C.
531, 538. Cited. 211 C. 508, 533. Cited. 214 C. 726, 733. Cited. 215 C. 474, 475, 479, 481, 483; Id., 616, 630, 631. Cited.
223 C. 618, 633. Cited. 239 C. 32.
Cited. 1 CA 1, 2. Cited. 9 CA 622, 625, 627. Cited. 33 CA 727, 731. Cited. 34 CA 123, 127. Cited. 37 CA 653, 668;
judgment reversed, see 238 C. 361 et seq.
Administrative adjudication of no refund, not contested case. 30 CS 118. Cited. 30 CS 120. Cited. 34 CS 225, 232,
235. Cited. 39 CS 99, 101; Id., 462, 464. Cited. 41 CS 211, 213.
Subsec. (a):
Notice of hearing under section 10-151(b) which did not include two of the charges against the teacher held insufficient.
167 C. 368, 371. Cited. 176 C. 82, 85, 87. Cited. 207 C. 77, 84. Cited. 213 C. 184, 212.
Subsec. (b):
Notice of hearing under section 10-151(b) which did not include two of the charges against the teacher held insufficient.
167 C. 368, 371. Subdiv. (4): Notice which failed to include several charges in "matters asserted" was prejudicial violation
of this subsection. 167 C. 368. Cited. 174 C. 366, 367, 369. Subdiv. (2): Notice of hearing deemed legally sufficient where
it cited statutory authorities of jurisdiction and under which violations claimed. 177 C. 515, 518, 519. Cited. 188 C. 90,
95. Subdiv. (4): Cited. 200 C. 489, 509. Subdiv. (1): Cited. 207 C. 77, 81. Subdiv. (3): Cited. Id. Subdiv. (4): Cited. Id.,
77, 85, 86. Subdiv. (2): Cited. Id., 77, 86. Cited. Id., 296, 303. Subdiv. (4): Cited. 211 C. 508, 517, 533, 534, 536. Cited.
220 C. 86, 92−94. Subdiv. (4) cited. Id., 86, 95. Cited. 232 C. 57, 63.
Cited. 22 CA 181, 191. Cited. 33 CA 727, 731. Cited. 41 CA 866, 869.
Cited. 40 CS 226, 227. Cited. 43 CS 340, 354, 355.
Subsec. (c):
Cited. 176 C. 191, 219. Cited. 183 C. 128, 133. Cited. 207 C. 296, 303. Cited. 211 C. 508, 530.
Cited. 34 CS 225, 234, 236. Cited. 42 CS 1, 9; Id., 599, 601.
Subsec. (d):
Cited. 214 C. 726, 733.
Cited. 4 CA 117, 121.
Subsec. (e):
Subdiv. (2): Cited. 211 C. 508, 528. Cited. 228 C. 651, 678.
Subsec. (f):
Cited. 228 C. 651, 678.
Subsec. (g):
Findings of fact must be based on matters "officially noticed" as well as on the evidence. 167 C. 368. Cited. 177 C. 78,
81, 84. Cited. 183 C. 128, 137. Cited. 207 C. 296, 303.
Cited. 34 CS 225, 232.
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(b) The presiding officer may grant any person status as an intervenor in a contested
case if that officer finds that: (1) Such person has submitted a written petition to the
agency and mailed copies to all parties, at least five days before the date of hearing; and
(2) the petition states facts that demonstrate that the petitioner's participation is in the
interests of justice and will not impair the orderly conduct of the proceedings.
(c) The five-day requirement in subsections (a) and (b) of this section may be waived
at any time before or after commencement of the hearing by the presiding officer on a
showing of good cause.
(d) If a petition is granted pursuant to subsection (b) of this section, the presiding
officer may limit the intervenor's participation to designated issues in which the intervenor has a particular interest as demonstrated by the petition and shall define the intervenor's rights to inspect and copy records, physical evidence, papers and documents, to
introduce evidence, and to argue and cross-examine on those issues. The presiding officer may further restrict the participation of an intervenor in the proceedings, including
the rights to inspect and copy records, to introduce evidence and to cross-examine, so
as to promote the orderly conduct of the proceedings.
(P.A. 88-317, S. 20, 107.)
History: P.A. 88-317 effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date.
Cited. 233 C. 486, 493. Cited. 239 C. 32.
Cited. 30 CA 85, 86, 90. Cited. 35 CA 455, 457.
Subsec. (a):
Cited. 234 C. 624, 649.
Cited. 30 CA 85, 86, 89, 90. Cited. 37 CA 653, 668; judgment reversed, see 238 C. 361 et seq.
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(P.A. 88-230, S. 1, 12; 88-317, S. 15, 107; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4−6.)
History: P.A. 88-230 required substitution of "judicial district of Hartford" for "judicial district of Hartford-New Britain", effective September 1, 1991; P.A. 88-317 effective July 1, 1989, and applicable to all agency proceedings commencing
on or after that date; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993;
P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14,
1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective
July 1, 1995.
Cited. 239 C. 32.
Cited. 37 CA 653, 668; judgment reversed, see 238 C. 361 et seq.
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(b) Persons not named as parties or intervenors may, in the discretion of the presiding officer, be given an opportunity to present oral or written statements. The presiding
officer may require any such statement to be given under oath or affirmation.
(P.A. 88-317, S. 13, 107; P.A. 89-174, S. 1, 7.)
History: P.A. 88-317 effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date;
P.A. 89-174 divided Subsec. (a) into Subdivs. and, in Subdiv. (1), added "except as otherwise provided by federal law or
any other provision of the general statutes" and amended Subsec. (b) to allow, instead of require, presiding officer to
require statements under Subsec. (b) to be given under oath or affirmation and to delete sentence re procedure for presiding
officer to follow if he proposes to consider such statements as evidence.
Cited. 223 C. 618, 633. Cited. 226 C. 105, 141. Cited. 239 C. 32.
Cited. 37 CA 653, 668; judgment reversed, see 238 C. 361 et seq.
Cited. 44 CS 21, 26, 29, 33.
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(1971, P.A. 854, S. 13; P.A. 73-620, S. 11, 19; P.A. 88-317, S. 14, 107.)
History: P.A. 73-620 deleted former provisions regarding rules of evidence and objections to evidentiary offers, replacing them with allowance for any oral or documentary evidence; P.A. 88-317 made minor and technical changes and
renumbered the subdivisions, effective July 1, 1989, and applicable to all agency proceedings commencing on or after
that date.
Evidence concerning charges not included in notice to teacher re hearing under section 10-151(b) is irrelevant. 167 C.
368, 371. Having decided to proceed without counsel, plaintiff cannot claim he was prejudiced by admission of evidence
to which he did not object. 168 C. 94. Cited. 168 C. 435. Cited. 170 C. 141. Cited. 171 C. 691, 695. Cited. 172 C. 263.
Cited. 173 C. 462, 465. Cited. 177 C. 78, 81. Cited. 183 C. 128, 137. Cited. 186 C. 153, 156. Cited. 191 C. 173, 175. Cited.
215 C. 616, 630, 631. Cited. 216 C. 627, 644. Cited. 218 C. 256, 264. Cited. 223 C. 618, 628. Cited. 228 C. 651, 665, 666.
Cited. 231 C. 602, 610. Cited. 239 C. 32.
Cited. 1 CA 1, 2. Cited. 4 CA 307, 311. Cited. 9 CA 622, 625, 627. Cited. 33 CA 727, 733. Cited. 34 CA 123, 127.
Cited. 37 CA 653, 668; judgment reversed, see 238 C. 361 et seq.
Cited. 34 CS 225, 232. Cited. 36 CS 18, 25. Cited. 39 CS 99, 101; Id., 462, 464. Cited. 42 CS 413, 420; Id., 602, 611.
Subdiv. (1):
Cited. 171 C. 705, 710. Cited. 177 C. 344, 348. Cited. 220 C. 86, 108, 109. Cited. 228 C. 651, 661, 662.
Cited. 4 CA 359, 362. Cited. 10 CA 90, 94.
Cited. 34 CS 225, 234.
Subdiv. (2):
Cited. 44 CS 21, 33.
Subdiv. (3):
Cited. 183 C. 128, 133. Cited. 211 C. 508, 530. Cited. 215 C. 474, 487. Cited. 223 C. 618, 627, 628.
Cited. 33 CA 727, 734.
Cited. 34 CS 225, 232, 234, 236. Cited. 42 CS 1, 9.
Subdiv. (4):
Cited. 183 C. 128, 137. Cited. 211 C. 508, 520, 526, 527, 531, 532.
Notice requirements are to protect parties from surprising and unexpected material or evidence. Previous findings of
insurance commissioner in same matter not prejudicial. 32 CS 257.
Subdiv. (5):
Cited. 226 C. 105, 117. Cited. 228 C. 651, 661. Cited. 237 C. 209, 230.
Cited. 24 CA 662, 667; judgment reversed, see 223 C. 618 et seq.
Cited. 42 CS 413, 419.
Subdiv. (6):
Cited. 22 CA 181, 189. Cited. 27 CA 346, 352, 353.
Subdiv. (7):
Cited. 27 CA 346, 352.
Subdiv. (8):
Cited. 22 CA 193, 197.
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(P.A. 88-317, S. 22, 107.)
History: P.A. 88-317 effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date.
Cited. 217 C. 130, 141. Cited. 239 C. 32.
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(b) A proposed final decision made under this section shall be in writing and contain
a statement of the reasons for the decision and a finding of facts and conclusion of law
on each issue of fact or law necessary to the decision.
(c) Except when authorized by law to render a final decision for an agency, a hearing
officer shall, after hearing a matter, make a proposed final decision.
(d) The parties and the agency conducting the proceeding, by written stipulation,
may waive compliance with this section.
(1971, P.A. 854, S. 14; P.A. 88-317, S. 16, 107.)
History: P.A. 88-317 divided former section into Subsecs. (a) and (d), amended Subsec. (a) to apply to agency proceedings instead of contested cases only, to substitute "members" for "officials" and "matter" for "case" and to clarify references
to "decision", added Subsec. (b) clarifying and rephrasing former provisions, added Subsec. (c) re proposed final decision
by hearing officer, and amended Subsec. (d) by inserting "and the agency conducting the proceeding", effective July 1,
1989, and applicable to all agency proceedings commencing on or after that date.
Cited. 171 C. 691, 695. Cited. 172 C. 263. Cited. 173 C. 462, 465. Cited. 186 C. 153, 156. Cited. 191 C. 173, 179, 180.
Cited. 207 C. 346, 349, 362. Cited. 219 C. 168, 171. Cited. 220 C. 86, 91. Cited. 228 C. 651−653, 656, 671−673, 676, 680−
682, 684, 685. Cited. 231 C. 308, 314. Cited. 233 C. 296, 299. Cited. 239 C. 32.
Cited. 1 CA 1, 2. Cited. 9 CA 622, 625, 627. Cited. 15 CA 205, 213. Cited. 34 CA 343, 348.
Cited. 42 CS 413, 416, 421, 423. Cited. 43 CS 457, 460, 462.
Subsec. (a):
Cited. 234 C. 312, 323.
Cited. 45 CA 476.
Cited. 42 CS 413, 420.
Subsec. (c):
Cited. 228 C. 651, 684.
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(b) If any agency fails to comply with the provisions of subsection (a) of this section
in any contested case, any party thereto may apply to the superior court for the judicial
district of Hartford for an order requiring the agency to render a final decision forthwith.
The court, after hearing, shall issue an appropriate order.
(c) A final decision in a contested case shall be in writing or orally stated on the
record and, if adverse to a party, shall include the agency's findings of fact and conclusions of law necessary to its decision. Findings of fact shall be based exclusively on the
evidence in the record and on matters noticed. The agency shall state in the final decision
the name of each party and the most recent mailing address, provided to the agency, of
the party or his authorized representative. The final decision shall be delivered promptly
to each party or his authorized representative, personally or by United States mail, certified or registered, postage prepaid, return receipt requested. The final decision shall be
effective when personally delivered or mailed or on a later date specified by the agency.
(1971, P.A. 854, S. 15; P.A. 73-620, S. 17, 19; P.A. 75-529, S. 3, 4; P.A. 77-452, S. 46, 72; P.A. 78-280, S. 5, 127;
P.A. 79-631, S. 23, 111; P.A. 88-230, S. 1, 12; 88-317, S. 17, 107; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-
220, S. 4−6.)
History: P.A. 73-620 deleted detailed provisions for contents of final decision or order concerning findings of fact and
conclusions of law; P.A. 75-529 added Subsecs. (a) and (b) and made former provisions Subsec. (c); P.A. 77-452 replaced
court of common pleas with superior court, effective July 1, 1978; P.A. 78-280 replaced "Hartford county" with "the
judicial district of Hartford-New Britain"; P.A. 79-631 made technical changes; P.A. 88-230 replaced "judicial district of
Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 88-317 amended Subsec. (a)
by inserting "or the due date for the" and ", whichever is later", amended Subsec. (b) by repealing provisions allowing
any interested person to apply to superior court and repealing exception to requirement for court order if agency establishes
to satisfaction of the court reasonable cause for failure to comply with Subsec. (a) and substantially amended Subsec. (c)
re form, content, basis, delivery and effective date of final decisions in contested cases, effective July 1, 1989, and applicable
to all agency proceedings commencing on or after that date; P.A. 90-98 changed the effective date of P.A. 88-230 from
September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993,
to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1,
1996, to September 1, 1998, effective July 1, 1995.
Failure to comply with former section requirements in sending plaintiff notice of final decision did not render defendant's
action void. 168 C. 94. Cited. 171 C. 691, 695. Cited. 172 C. 263. Cited. 173 C. 462, 465. Cited. 186 C. 153, 156. Cited.
191 C. 173, 175. Cited. 204 c. 60, 64, 65. P.A. 1988 88-317, S. 17(c) amendment cited. 207 C. 683. Cited. 210 C. 597,
605. Cited. 220 C. 86, 95. Cited. 228 C. 651, 674. Cited. 232 C. 181, 193. Cited. 233 C. 296, 300. Cited. 234 C. 312, 323.
Cited. 239 C. 32.
Cited. 1 CA 1, 2. Cited. 2 CA 689, 690. Cited. 9 CA 622, 625, 627.
Cited. 43 CS 457, 466.
Subsec. (a):
Cited. 220 C. 86, 91, 95, 96. Cited. 232 C. 57, 62. Cited. Id., 181, 190.
Cited. 43 CS 340, 349. Cited. Id., 386, 396, 397. Cited. 44 CS 90, 99.
Subsec. (b):
Cited. 191 C. 384, 407. Cited. 220 C. 86, 91, 95, 96. Cited. 228 C. 651, 674. Cited. 232 C. 57, 62. Cited. Id., 181, 190.
Cited. 43 CS 340, 349. Cited. Id., 386, 396, 397.
Subsec. (c):
Cited. 205 C. 324, 332. Oral decision of an agency discussed. 232 C. 181, 187−190, 194. Cited. 237 C. 209, 221. Cited.
239 C. 437.
Cited. 37 CA 777, 780.
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(b) No written order or final decision may be relied on as precedent by an agency
until it has been made available for public inspection and copying. On and after October
1, 1989, no written order or final decision, regardless of when rendered, may be relied
on as precedent by an agency unless it also has been indexed by name and subject.
(P.A. 88-317, S. 18, 107; P.A. 89-174, S. 2, 7; P.A. 97-47, S. 27.)
History: P.A. 88-317 effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date;
P.A. 89-174 amended Subsec. (a) by requiring indexing of only orders and decisions "rendered on or after October 1,
1989" and, in Subsec. (b), added "regardless of when rendered" and made a technical change; P.A. 97-47 amended Subsec.
(a) by substituting "the Freedom of Information Act, as defined in Sec. 1-18a" for "chapter 3".
Cited. 239 C. 32.
Subsec. (b):
Cited. 233 C. 486, 501.
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(b) Notwithstanding the provisions of subsection (a) of this section, a member of
a multimember agency may communicate with other members of the agency regarding
a matter pending before the agency, and members of the agency or a hearing officer
may receive the aid and advice of members, employees, or agents of the agency if
those members, employees, or agents have not received communications prohibited by
subsection (a) of this section.
(c) Unless required for the disposition of ex parte matters authorized by law, no
party or intervenor in a contested case, no other agency, and no person who has a direct
or indirect interest in the outcome of the case, shall communicate, directly or indirectly,
in connection with any issue in that case, with a hearing officer or any member of the
agency, or with any employee or agent of the agency assigned to assist the hearing
officer or members of the agency in such case, without notice and opportunity for all
parties to participate in the communication.
(d) The provisions of this section apply from the date the matter pending before the
agency becomes a contested case to and including the effective date of the final decision.
Except as may be otherwise provided by regulation, each contested case shall be deemed
to have commenced on the date designated by the agency for that case, but in no event
later than the date of hearing.
(1971, P.A. 854, S. 16; P.A. 88-317, S. 19, 107; P.A. 89-174, S. 3, 7.)
History: P.A. 88-317 designated former section as Subsec. (a) and amended Subsec. (a) to apply restriction on communications to a "hearing officer or member of any agency" instead of to "members or employees of an agency", to insert
"final", to substitute "proposed final decision" for "findings of fact and conclusions of law in a contested case", and to
make technical changes, deleted provision authorizing agency members to communicate with each other and to have the
aid and advice of personal assistants and substituted new Subsec. (b) re communications among members of multimember
agency and receipt of aid and advice by members of an agency or a hearing officer and added new Subsec. (c) re communications involving parties, intervenors, other agencies and persons having an interest in the outcome and new Subsec. (d) re
period when section applicable, effective July 1, 1989, and applicable to all agency proceedings commencing on or after
that date; P.A. 89-174 deleted provision in Subsec. (b) which had required agency to disclose in case record identity of
employees or agents communicating with an agency member or a hearing officer.
Cited. 168 C. 435. Cited. 171 C. 691, 695. Cited. 172 C. 263. Cited. 173 C. 462, 465. Cited. 183 C. 128, 137. Cited.
186 C. 153, 156. Cited. 191 C. 173, 175. Once violation of statute proved by party seeking relief, burden shifts to agency
to prove no prejudice resulted from prohibited ex parte communication; waiver of claim to disqualification discussed. 202
C. 453−462. Where record shows prima facie violation of section burden shifted to agency to prove no resulting prejudice.
207 C. 296, 297, 300−305. Cited. 212 C. 471, 479. Cited. 215 C. 49, 50. Cited. 226 C. 105, 147, 148. Cited. 239 C. 32.
Cited. 1 CA 1, 2. Court held that to be entitled to relief a plaintiff must show prejudice to his rights resulting from an
ex parte communication in violation of the statute. 4 CA 143−147. Cited. 9 CA 622, 625, 627. Cited. 27 CA 495, 508;
judgment reversed, see 225 C. 499 et seq. Cited. 36 CA 587, 590. Cited. 37 CA 777, 779. Cited. 44 CA 622. Investigator's
report cannot be construed as ex parte communication where other party has notice of report and opportunity to participate
in presentation of allegations to the fact finder. 47 CA 325. Plaintiff was deprived of due process of law when commissioner
engaged in ex parte communications with plaintiff's former attorney and issued unilateral order awarding attorney's fees
without providing plaintiff with notice or opportunity to present evidence. Id., 391.
Subsec. (a):
Cited. 226 C. 105, 147.
Cited. 43 CA 512.
Subsec. (b):
Cited. 37 CA 653, 669; judgment reversed, see 238 C. 361 et seq.
Subsec. (c):
Cited. 36 CA 587, 595.
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(b) On a showing of changed conditions, the agency may reverse or modify the
final decision, at any time, at the request of any person or on the agency's own motion.
The procedure set forth in this chapter for contested cases shall be applicable to any
proceeding in which such reversal or modification of any final decision is to be considered. The party or parties who were the subject of the original final decision, or their
successors, if known, and intervenors in the original contested case, shall be notified of
the proceeding and shall be given the opportunity to participate in the proceeding. Any
decision to reverse or modify a final decision shall make provision for the rights or
privileges of any person who has been shown to have relied on such final decision.
(c) The agency may, without further proceedings, modify a final decision to correct
any clerical error. A person may appeal that modification under the provisions of section
4-183 or, if an appeal is pending when the modification is made, may amend the appeal.
(P.A. 88-317, S. 21, 107; P.A. 89-174, S. 4, 7.)
History: P.A. 88-317 effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date;
P.A. 89-174 renumbered Subdivs. in Subsec. (a) to add Subdiv. (2) authorizing agency to reconsider final decision on its
own initiative, amended Subsec. (b) by substituting "final decision" for "order" and made minor changes in wording
throughout section.
Cited. 232 C. 181, 185, 191. Cited. 234 C. 411, 412, 420−423. Cited. 235 C. 128, 135. Cited. 238 C. 361. Cited. 239
C. 32.
Cited. 30 CA 738, 739.
Subsec. (a):
Subdiv. (1) cited. 232 C. 181, 191; 234 C. 411, 421. Cited. 238 C. 361.
Cited. 37 CA 653, 669, 670; judgment reversed, see 238 C. 361 et seq.
Subsec. (b):
Cited. 227 C. 545, 556, 559. Cited. 236 C. 722, 730. Proceeding on plaintiff's motions under the section did not give
rise to a contested case within meaning of Uniform Administrative Procedure Act; therefore denial of plaintiff's motions
was not appealable to the Superior Court; judgment of Appellate Court in Fairfield v. Connecticut Siting Council 37 CA
653 et seq. reversed. 238 C. 361.
Cited. 37 CA 653, 654, 656−659, 662, 664−668, 670; judgment reversed, see 238 C. 361 et seq.
Subsec. (c):
Cited. 37 CA 653, 670; judgment reversed, see 238 C. 361 et seq.
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(b) When a licensee has made timely and sufficient application for the renewal of
a license or a new license with reference to any activity of a continuing nature, the
existing license shall not expire until the application has been finally determined by the
agency, and, in case the application is denied or the terms of the new license limited,
until the last day for seeking review of the agency order or a later date fixed by order
of the reviewing court.
(c) No revocation, suspension, annulment or withdrawal of any license is lawful
unless, prior to the institution of agency proceedings, the agency gave notice by mail
to the licensee of facts or conduct which warrant the intended action, and the licensee was
given an opportunity to show compliance with all lawful requirements for the retention of
the license. If the agency finds that public health, safety or welfare imperatively requires
emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action.
These proceedings shall be promptly instituted and determined.
(d) (1) When an agency is authorized under the general statutes to issue a license,
but is not specifically authorized to revoke or suspend such license, the agency may:
(A) Revoke or suspend such license in accordance with the provisions of subsection (c)
of this section; or (B) (i) adopt regulations, in accordance with the provisions of chapter
54, that provide a procedure for the revocation or suspension of such license consistent
with the requirements of said subsection (c), and (ii) revoke or suspend such license in
accordance with such regulations.
(2) Nothing in this subsection shall be construed to affect (A) the validity of any
regulation adopted in accordance with this chapter and effective on or before October
1, 1999, or (B) any contested case in which a notice under section 4-177 is issued on or
before October 1, 1999.
(1971, P.A. 854, S. 17; P.A. 99-90, S. 1.)
History: P.A. 99-90 added Subsec. (d) re agency authorization to revoke or suspend a license.
Cited. 171 C. 691, 695. Cited. 172 C. 263. Cited. 173 C. 462, 465. Cited. 186 C. 153, 156. Cited. 191 C. 173, 175.
Cited. 207 C. 77, 84; Id., 698, 702. Cited. 213 C. 184, 185, 212, 215. Cited. 239 C. 32.
Cited. 1 CA 1, 2. Cited. 9 CA 622, 625, 627. Cited. 27 CA 495, 496; judgment reversed, see 225 C. 499 et seq.
Subsec. (a):
Cited. 211 C. 508, 534. Cited. 213 C. 184, 213, 215.
Cited. 40 CS 226, 227.
Subsec. (c):
Cited. 207 C. 698, 700, 702. Cited. 211 C. 508, 509, 512, 534. Cited. 214 C. 560, 565, 566, 572. Cited. 220 C. 86, 92,
93. Cited. 223 C. 618, 620. Cited. 235 C. 128, 138, 139, 141.
Cited. 14 CA 552, 554. Cited. 24 CA 662, 663; judgment reversed, see 223 C. 618 et seq. Cited. 34 CA 343, 345. Cited.
37 CA 777, 782, 783.
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(b) A person may appeal a preliminary, procedural or intermediate agency action
or ruling to the Superior Court if (1) it appears likely that the person will otherwise
qualify under this chapter to appeal from the final agency action or ruling and (2) postponement of the appeal would result in an inadequate remedy.
(c) Within forty-five days after mailing of the final decision under section 4-180
or, if there is no mailing, within forty-five days after personal delivery of the final
decision under said section, a person appealing as provided in this section shall serve a
copy of the appeal on the agency that rendered the final decision at its office or at the
office of the Attorney General in Hartford and file the appeal with the clerk of the
superior court for the judicial district of New Britain or for the judicial district wherein
the person appealing resides or, if that person is not a resident of this state, with the
clerk of the court for the judicial district of New Britain. Within that time, the person
appealing shall also serve a copy of the appeal on each party listed in the final decision
at the address shown in the decision, provided failure to make such service within forty-
five days on parties other than the agency that rendered the final decision shall not
deprive the court of jurisdiction over the appeal. Service of the appeal shall be made by
(1) United States mail, certified or registered, postage prepaid, return receipt requested,
without the use of a state marshal or other officer, or (2) personal service by a proper
officer or indifferent person making service in the same manner as complaints are served
in ordinary civil actions. If service of the appeal is made by mail, service shall be effective
upon deposit of the appeal in the mail.
(d) The person appealing, not later than fifteen days after filing the appeal, shall
file or cause to be filed with the clerk of the court an affidavit, or the state marshal's
return, stating the date and manner in which a copy of the appeal was served on each
party and on the agency that rendered the final decision, and, if service was not made
on a party, the reason for failure to make service. If the failure to make service causes
prejudice to any party to the appeal or to the agency, the court, after hearing, may dismiss
the appeal.
(e) If service has not been made on a party, the court, on motion, shall make such
orders of notice of the appeal as are reasonably calculated to notify each party not yet
served.
(f) The filing of an appeal shall not, of itself, stay enforcement of an agency decision.
An application for a stay may be made to the agency, to the court or to both. Filing of
an application with the agency shall not preclude action by the court. A stay, if granted,
shall be on appropriate terms.
(g) Within thirty days after the service of the appeal, or within such further time as
may be allowed by the court, the agency shall transcribe any portion of the record that
has not been transcribed and transmit to the reviewing court the original or a certified
copy of the entire record of the proceeding appealed from, which shall include the
agency's findings of fact and conclusions of law, separately stated. By stipulation of all
parties to such appeal proceedings, the record may be shortened. A party unreasonably
refusing to stipulate to limit the record may be taxed by the court for the additional costs.
The court may require or permit subsequent corrections or additions to the record.
(h) If, before the date set for hearing on the merits of an appeal, application is made
to the court for leave to present additional evidence, and it is shown to the satisfaction
of the court that the additional evidence is material and that there were good reasons
for failure to present it in the proceeding before the agency, the court may order that
the additional evidence be taken before the agency upon conditions determined by the
court. The agency may modify its findings and decision by reason of the additional
evidence and shall file that evidence and any modifications, new findings, or decisions
with the reviewing court.
(i) The appeal shall be conducted by the court without a jury and shall be confined
to the record. If alleged irregularities in procedure before the agency are not shown in
the record or if facts necessary to establish aggrievement are not shown in the record,
proof limited thereto may be taken in the court. The court, upon request, shall hear oral
argument and receive written briefs.
(j) The court shall not substitute its judgment for that of the agency as to the weight
of the evidence on questions of fact. The court shall affirm the decision of the agency
unless the court finds that substantial rights of the person appealing have been prejudiced
because the administrative findings, inferences, conclusions, or decisions are: (1) In
violation of constitutional or statutory provisions; (2) in excess of the statutory authority
of the agency; (3) made upon unlawful procedure; (4) affected by other error of law;
(5) clearly erroneous in view of the reliable, probative, and substantial evidence on the
whole record; or (6) arbitrary or capricious or characterized by abuse of discretion or
clearly unwarranted exercise of discretion. If the court finds such prejudice, it shall
sustain the appeal and, if appropriate, may render a judgment under subsection (k) of
this section or remand the case for further proceedings. For purposes of this section, a
remand is a final judgment.
(k) If a particular agency action is required by law, the court, on sustaining the
appeal, may render a judgment that modifies the agency decision, orders the particular
agency action, or orders the agency to take such action as may be necessary to effect
the particular action.
(l) In all appeals taken under this section, costs may be taxed in favor of the prevailing party in the same manner, and to the same extent, that costs are allowed in judgments
rendered by the Superior Court. No costs shall be taxed against the state, except as
provided in section 4-184a.
(m) In any case in which a person appealing claims that he cannot pay the costs of
an appeal under this section, he shall, within the time permitted for filing the appeal,
file with the clerk of the court to which the appeal is to be taken an application for waiver
of payment of such fees, costs and necessary expenses, including the requirements of
bond, if any. The application shall conform to the requirements prescribed by rule of
the judges of the Superior Court. After such hearing as the court determines is necessary,
the court shall render its judgment on the application, which judgment shall contain a
statement of the facts the court has found, with its conclusions thereon. The filing of
the application for the waiver shall toll the time limits for the filing of an appeal until
such time as a judgment on such application is rendered.
(1971, P.A. 854, S. 18; P.A. 73-620, S. 12−14, 18, 19; P.A. 76-436, S. 252, 681; P.A. 77-603, S. 1, 125; P.A. 78-280,
S. 10, 127; P.A. 79-163; P.A. 84-43, S. 1; P.A. 88-230, S. 1, 12; 88-317, S. 23, 107; P.A. 90-98, S. 1, 2; P.A. 93-142, S.
4, 7, 8; P.A. 95-220, S. 4−6; P.A. 99-39; 99-215, S. 24, 29; P.A. 00-99, S. 20, 154.)
History: P.A. 73-620 added proviso that in conflict between state and federal statutes or regulations, federal provisions
prevail, required that record contain findings of fact and conclusions of law changed place for filing petition from Hartford
county court of common pleas to court where aggrieved person resides and added Subsec. (h) re waiver of fees; P.A. 76-
436 replaced court of common pleas with superior court and included judicial districts, effective July 1, 1978; P.A. 77-
603 allowed party to file petition in Hartford county in certain instances, inserted new Subsec. (h) re costs and relettered
former Subsec. (h) as Subsec. (i); P.A. 78-280 deleted references to court of common pleas and counties and replaced
reference to Hartford county with "the judicial district of Hartford-New Britain"; P.A. 79-163 changed time for filing
petition from thirty to forty-five days after decision and provided for notifying agency of appeal; P.A. 84-43 amended
Subsec. (b) by providing that if a rehearing is requested the time periods for filing a petition and serving copies of the
petition runs from the "mailing of the notice" of the decision, and by providing that service may be made upon an agency
by mail "without the use of a sheriff or other officer"; P.A. 88-230 replaced "judicial district of Hartford-New Britain"
with "judicial district of Hartford", effective September 1, 1991; P.A. 88-317 substantially amended the section, repealing,
adding, rephrasing and reordering provisions, adding new subsections and relettering existing subsections, effective July
1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A. 90-98 changed the effective date
of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230
from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A.
88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 99-39 amended Subsec. (c) by clarifying
that service of appeal by mail is effective upon depositing appeal in mail; P.A. 99-215 replaced "judicial district of Hartford"
with "judicial district of New Britain" in Subsec. (c), effective June 29, 1999; P.A. 00-99 changed reference to sheriff to
state marshal in Subsecs. (c) and (d), effective December 1, 2000.
Cited. 168 C. 413. Cited. 168 C. 435. Cited. 171 C. 345. Cited. 171 C. 691, 695. Cited. 172 C. 263. Applies to appeals
from decisions of claims commission when not precluded by section 4-164(b). 172 C. 603. Cited. 173 C. 352, 356. To
qualify under this section for an appeal to the courts from final appeal of an administrative agency one must demonstrate
he is aggrieved by the decision, that he has a personal and legal interest in the subject matter and that such interest has
been specially and adversely affected by the decision. 173 C. 384. Cited. 173 C. 462, 465, 467, 469. Cited. 176 C. 1, 2;
Id., 191, 200; Id., 533, 538. Cited. 177 C. 584, 586; Id., 599, 601; Id., 610, 615; Id., 623, 627; 179 C. 111, 116, 120; Id.,
415, 416; Id., 694, 698, 701, 704. Cited. 183 C. 76, 80; Id., 128, 133. Cited. 184 C. 75, 77. Cited. 186 C. 153, 156; Id.,
198, 202, 203. Cited. 188 C. 44, 48. Exceptions to doctrine of exhaustion of administrative remedies discussed. Id., 90,
93, 96. Cited. Id., 152, 156. Cited. 191 C. 173, 175; Id., 384, 390. An agency decision to reject a bid or to award a contract
has none of the attributes of a formal hearing, nor is a formal hearing required by law. For this reason, the agency's decision
does not involve a contested case and the disappointed bidder cannot assert standing under this statute. Id., 497, 504. Cited.
192 C. 234, 236. Cited. 193 C. 379. Cited. 194 C. 677, 682. Cited. 195 C. 534, 539. Cited. Id., 543, 550. Cited. 196 C. 451,
452, 454. Cited. 197 C. 320, 323. Cited. 198 C. 445, 448, 450. Cited. 200 C. 261, 262. Cited. 203 C. 295, 298, 304. Cited.
204 C. 17, 27. Cited. Id., 67, 75. Cited. Id., 259, 281. Cited. Id., 609, 616. Cited. Id., 672, 674. Cited. 205 C. 116, 123.
Cited. Id., 767, 773. Cited. 206 C. 636, 638. Cited. 207 C. 296, 299, 300, 303, 307. Exhaustion doctrine discussed. Id.,
346, 351. Cited. Id., 547, 553, 554. Cited. Id., 674, 681, 682. P.A. 1988 88-317, S. 23(c) amendment cited. Id., 683. Cited.
208 C. 187, 199. Cited. 208 C. 663, 672, 673; Id., 709, 714. Cited. 209 C. 544, 551. Cited. 210 C. 531, 540; Id., 549, 553,
556; Id., 646, 648; Id., 697, 699. Cited. 211 C. 436, 438−440; Id., 464, 468; Id., 508, 530; Id., 690−692. Cited. 212 C. 157,
161; Id., 415, 424. Cited. 213 C. 126, 131, 132; Id., 184, 194; Id., 216, 219. Cited. 214 C. 601, 603, 604. Cited. 215 C. 49,
51; Id., 517, 523, 524; Id., 616, 617, 620, 622, 623, 628−631; Id., 701, 713. Cited. 216 C. 228, 234; Id., 237, 245; Id., 627,
632, 633, 636. Cited. 217 C. 193, 195. Cited. 218 C. 335, 344, 345; Id., 729, 732. Cited. 219 C. 168, 171. Cited. 220 C.
86, 90; Id., 192, 193, 196, 198; Id., 516, 520, 527. Cited. 221 C. 217, 223; Id., 422, 426; Id., 482, 486. Cited. 222 C. 414,
423, 432; Id., 541, 546; Id., 621, 623. Cited. 224 C. 666, 668. Cited. 225 C. 13, 14, 21, 24, 26; Id., 297, 299. Cited. 226 C.
80, 89; Id., 105, 116; Id., 358, 364; Id., 818, 822. Cited. 227 C. 545, 556, 558; Id., 848, 851. Cited. 228 C. 271, 278. Cited.
229 C. 51, 56; Id., 664, 669. Cited. 230 C. 441, 451. Cited. 231 C. 391, 392, 398−401, 407. Cited. 232 C. 181, 186, 188,
193; Id., 401, 403, 404. Cited. 233 C. 370, 371. Cited. 234 C. 424, 432; Id., 624, 636, 641, 643. Cited. 235 C. 334, 340,
355. Cited. 236 C. 681, 686. Cited. Id., 722, 726. Cited. 237 C. 272, 278. Cited. 238 C. 337. Cited. 239 C. 32. Cited. Id.,
124. Cited. Id., 638. Cited. 240 C. 1. Cited. 241 C. 282.
Cited. 1 CA 1, 2. Cited. 2 CA 68, 74. Cited. 3 CA 97, 99. Cited. Id., 484, 485. Cited. Id., 707, 709. Cited. 4 CA 143,
145. Cited. Id., 216, 218. Cited. 5 CA 219, 224. Cited. 6 CA 47, 51. Cited. Id., 473, 474, 476. Cited. 7 CA 748, 752. Cited.
12 CA 47, 49. Cited. Id., 455, 456. Cited. 13 CA 1, 3. Cited. Id., 315, 319. Cited. Id., 818. Cited. 14 CA 413, 415. Cited.
17 CA 165, 166; Id., 429, 430. Cited. 18 CA 4, 8; Id., 13, 14; Id., 40, 43; Id., 291, 293. Cited. 19 CA 360, 364; Id., 428,
430; Id., 713, 714, 716. Cited. 21 CA 678, 680, 687. Cited. 23 CA 188, 189, 191, 192; Id., 435−437. Cited. 24 CA 44−49;
Id., 163, 166. Cited. 25 CA 543, 548; judgment reversed, see 222 C. 541 et seq. Cited. 27 CA 377, 381; Id., 590−593.
Cited. 28 CA 435, 443; Id., 733, 735. Uniform Administrative Procedure Act does not govern commission's actions prior
to appeal to superior court. 30 CA 85, 88, 89, 91. Cited. Id., 463, 466; Id., 720, 723; Id., 738−740. Cited. 31 CA 155, 161.
Cited. 32 CA 335−339. Cited. 33 CA 247, 250; Id., 541, 545; Id., 775, 777, 780. Cited. 34 CA 123, 127, 128; Id., 567, 570.
Cited. 35 CA 474, 475. Cited. 36 CA 155. Cited. 37 CA 423, 428; Id., 653, 670; judgment reversed, see 238 C. 361 et seq.;
Id., 777, 778, 781. Cited. 38 CA 506, 510. Cited. 41 CA 1, 3. Cited. Id., 641, 643. Cited. Id., 827, 830. Cited. 42 CA 39;
judgment reversed, see 241 C. 310 et seq. Cited. Id., 519. Cited. Id., 631. Cited. 44 CA 143. Cited. Id., 611. Cited. Id., 702.
Cited. 45 CA 225. Cited. Id., 476. Cited. Id., 577. Trial court properly dismissed paintifff's claims for failure to exhaust
administrative remedies. 48 CA 102. Damage to professional reputation indirect result of agency hearing and not grounds
for immediate judicial appeal. 52 CA 513.
Cited. 30 CS 118, 259. Trial de novo on appeal, discretionary. Id., 262. Cited. Id., 309. Appeal from administrative
agency not civil action. Id., 333. Cited. 31 CS 15, 22. Exhaustion requirement was accepted rule before enactment of
chapter. 31 CS 65. Sections 16-35 and 16-39 are the "other means of review, redress, relief or trial de novo" as contained
in subsection (a). Id. The time and method for an appeal pursuant to this section from an administrative agency are mandatory
and jurisdictional. 31 CS 186. Cited. 31 CS 212. Cited. 32 CS 104, 108. Challenge to regulation should follow statutory
procedure, commencing under section 4-176. Court should not grant injunction in lieu of this procedure. 32 CS 153. Cited.
32 CS 300. "Failure to exhaust all administrative remedies" applied so as to deprive court of jurisdiction. 33 CS 86. Cited.
34 CS 199, 200. Cited. 34 CS 225, 226. Cited. 35 CS 186, 187, 192; 36 CS 1, 4. Court has no authority to enter an interim
enforcement order against appellant at appellee's request. Sole interim action authorized is stay requested by nonprevailing
party at administrative hearing. 36 CS 285, 288, 291. Common sense and federal case law indicate where record is incomplete for some reason, remand to agency to take additional evidence is only method to insure meaningful judicial review.
Id., 297, 299−301. Cited. Id., 305, 306. Cited. 38 CS 460, 461; Id., 712, 714, 715. Cited. 39 CS 56, 57; Id., 99, 101, 102;
Id., 176, 177; Id., 257, 258; Id., 443, 445, 446; Id., 462−465. Cited. 40 CS 505, 506; Id., 520, 528; Id., 554, 556. Cited. 41
CS 267, 268. Cited. 42 CS 57, 64; Id., 84, 90; Id., 129, 130; Id., 157, 158; Id., 217, 221; Id., 291, 301; Id., 306; Id., 558,
561; Id., 599, 600; Id., 602. Cited. 43 CS 1, 2; Id., 175; Id., 246, 247; Id., 340, 341, 344, 347; Id., 386, 390, 391; Id., 457,
458. Cited. 44 CS 21, 22. Cited. Id., 223. Cited. Id., 230. Cited. 45 CS 57.
Subsec. (a):
Cited. 170 C. 668, 671. Cited. 171 C. 348. This section is principally addressed to forms of relief which are available
after relief has been sought through an agency. 173 C. 352, 358. Cited. 175 C. 415, 419. Cited. 177 C. 616, 619, 620; 178
C. 586, 588. Cited. 189 C. 550, 554. Cited. 191 C. 497, 503. Cited. 193 C. 379, 381. Same reasons that support the prohibition
against appeals from interlocutory orders in trial court are equally pertinent in the administrative context. 202 C. 150, 155.
Cited. 204 C. 17, 34. Cited. 205 C. 324, 331; Id., 767, 771. Cited. 207 C. 346, 352. Cited. Id., 547, 548. Cited. 208 C. 709,
714. Cited. 210 C. 349, 353; Id., 697, 702. Cited. 211 C. 690, 699. Cited. 214 C. 560, 561, 566, 572; Id., 726, 727, 729,
731, 733. Cited. 215 C. 49, 50. Cited. 215 C. 616, 617. Cited. 218 C. 335, 340, 342−344, 346. Cited. 221 C. 422, 423, 425−
427. Cited. 224 C. 693, 696, 700, 705. Cited. 226 C. 105, 120, 127; Id., 670, 677; Id., 792, 798, 799, 802, 812. Cited. 229
C. 31, 36. Cited. 231 C. 391, 398, 403. Cited. 233 C. 486, 494. Cited. 234 C. 411, 412, 417, 418, 422; Id., 488, 493; Id.,
624, 636; Id., 704, 706. Cited. 235 C. 128, 137, 138. Cited. 237 C. 209, 217. Cited. 238 C. 361. Cited. 239 C. 124. Cited.
Id., 599. Cited. 240 C. 1. Cited. Id., 141. Cited. Id., 824. Cited. Id., 835. Cited. 242 C. 152.
Cited. 1 CA 1, 3. Cited. 3 CA 464, 468; Id., 531, 538, 539. Cited. 12 CA 47, 54. Cited. 14 CA 413, 416. Cited. 19 CA
428, 430. Cited. 21 CA 629, 631. Cited. 30 CA 738, 739. Cited. 33 CA 247, 250; Id., 727, 731; Id., 775, 777. Cited. 34
CA 352, 354. Cited. 35 CA 111, 114. Cited. 36 CA 155. Cited. 37 CA 653, 660; judgment reversed, see 238 C. 361 et seq.;
Id., 694, 697; Id., 777, 778, 781, 783. Cited. 41 CA 641, 646, 647; judgment reversed, see 240 C. 824 et seq. Cited. Id.,
866, 869. Cited. 42 CA 631. Cited. Id., 700; judgment reversed, see 240 C. 835 et seq. Cited. 44 CA 143.
Cited. 38 CS 24. Cited. 39 CS 443, 447. Cited. 40 CS 505, 507; Id., 554, 556. Cited. 42 CS 306, 307; Id., 602, 606.
Cited. 43 CS 340, 345.
Subsec. (b):
Cited. 170 C. 3, 5, 6, 7. Cited. 173 C. 352, 358. Statutory right of appeal subject to strict compliance with time limitations.
177 C. 584, 586, 587. Cited. Id., 599−602. Cited. 181 C. 324, 341, 342. Discussion of venue provisions. 186 C. 198−204.
Cited. 188 C. 90, 95. Cited. 195 C. 543, 547, 551. Cited. 197 C. 320, 321, 323. Unnecessary to name and serve a hearing
board as a defendant. A hearing board is not an agency for purposes of appeal under UAPA. 198 C. 445, 447, 448, 450,
454. Cited. 201 C. 350, 356−358. Cited. 202 C. 150, 151, 153, 154. Cited. 204 C. 60−65. Cited. 205 C. 324, 326−328, 330.
Cited. 207 C. 296, 299. Cited. Id., 547, 553, 554. Department of public health was a party of record required to be cited
and served an appeal in addition to board of examiners in podiatry. Id., 674, 675, 678. Cited. 210 C. 597, 606. Cited. 211
C. 78, 84. Court lacked jurisdiction where plaintiffs failed to comply with service requirements. 212 C. 157, 159−163,
166. Cited. 215 C. 517, 523. Cited. 216 C. 667, 668, 670, 671. Cited. 217 C. 143, 145−147, 149, 153. Cited. 220 C. 192,
196, 198−200; Id., 516, 522, 523. Cited. 222 C. 541, 546. Cited. 225 C. 13, 22−24. Cited. 227 C. 848, 855. Cited. 231 C.
391, 400.
Cited. 1 CA 1−3. Cited. 3 CA 416−419. Construction of "agency" as used in statute to mean "hearing officer" would
contravene Sec. 4-166(1), consequently service on hearing officer not required. 3 CA 464−467. Cited. Id., 484, 486. Cited.
5 CA 643, 645, 646. Cited. 6 CA 148, 149. Time requirement determined by notice containing commissioner's finding of
fact, conclusion of law and the order of suspension. 7 CA 748, 750. Cited. 10 CA 14−18. Cited. 13 CA 1, 3, 4, 11. Cited.
14 CA 376−379. Cited. 15 CA 569, 571, 574−576. Cited. 16 CA 604, 612; judgment reversed, see 212 C. 628 et seq. Cited.
17 CA 165, 166. Cited. 18 CA 13−16; Id., 132, 133. Cited. 19 CA 713, 714, 716. Cited. 21 CA 629, 630. Cited. 22 CA
253, 254. Cited. 23 CA 188−191; Id., 435−437. Cited. 24 CA 44, 46. Cited. 30 CA 738, 740. Cited. 31 CA 155, 161. Cited.
34 CA 18−21. Cited. 35 CA 812, 817. Cited. 37 CA 423, 427; Id., 653, 670; Id., 694−698.
Section requires only that a copy of the appeal be served on parties of record at a Blue Cross rate hearing before the
insurance commissioner, not that they be made parties. 31 CS 257. Appeals under this section and section 33-167 are heard
and decided together. Id. Cited. 31 CS 456. Cited. 36 CS 285, 287. Cited. 38 CS 538, 539. Petitions filed must include
citations and amendments thereto cannot cure defects in service of process. Id., 712, 715−718. Cited. 39 CS 443, 444, 447.
Cited. 43 CS 340, 347.
Subsec. (c):
Cited. 173 C. 352, 358. Cited. 186 C. 198, 203. Cited. 194 C. 677, 686. Cited. 196 C. 451, 453−455. Cited. 200 C. 489,
522. Cited. 204 C. 60, 66. Cited. 207 C. 346, 352. Cited. 210 C. 697, 699, 701. Cited. 215 C. 701, 713. Cited. 216 C. 667,
669. Cited. 217 C. 130, 133, 134, 136, 139. P.A. 88-317, Sec. 23(c) cited. Id. Cited. Id., 143, 146, 151. P.A. 88-317, S.
23(c) cited. Id. Cited. 219 C. 204, 212. Cited. 220 C. 516, 521. Time within which appeals may be filed controlled by
provisions in effect when underlying agency proceedings commenced. 221 C. 482, 485, 487, 489, 490. P.A. 88-317 cited.
Id. Subdiv. (1) cited. Id., 922. Cited. 222 C. 414, 432. Subdiv. (1): Service of process pursuant to this section does not
require a citation; judgment of appellate court in Tolly v. Department of Human Resources, 26 CA 938 reversed. 225 C.
13−15, 17, 19−22, 25, 30, 31. Subdiv. (2) cited. Id., 13, 19, 20, 25. Cited. Id., 13, 19, 26−29, 31. Failure to meet time
limitation for filing appeal deprives trial court of subject matter jurisdiction over appeal. 227 C. 848−856. Cited. 232 C.
181, 182, 186, 187, 193. Cited. 233 C. 153, 164. Cited. 235 C. 128, 136. Cited. 237 C. 209, 219, 220. Cited. 239 C. 437.
Cited. 14 CA 413, 415. Cited. 24 CA 44, 47; Id., 662, 670; judgment reversed, see 223 C. 618 et seq. Cited. 27 CA
590, 592, 595, 596. Cited. 30 CA 738, 741. Cited. 31 CA 922. Subdiv. (1) cited. Id., 922, 923. Cited. 32 CA 335, 338.
Subdiv. (1) cited. Id. Cited. 37 CA 653, 669, 670; judgment reversed, see 238 C. 361 et seq. Cited. 45 CA 620. Service is
not completed until the appeal is in possession of the subject agency or the attorney general's office. 48 CA 711.
Standards for granting stay. Application of balancing test. 35 CS 13, 15, 16. Singular nature of an appeal from freedom
of information grant requires issuance of stay in order to preserve the statutory right of appeal under section 1-21i(d).
Release of information would render an appeal moot. 35 CS 186−188. Cited. 36 CS 285, 288. Cited. 42 CS 84, 85, 90.
Cited. 43 CS 10, 11.
Subsec. (d):
Failure of board to follow form prescribed in statute not cause for reversal where conclusion supported by plaintiff's
own testimony. 177 C. 344, 345, 350. Cited. 202 C. 453, 459. Cited. 215 C. 701, 713. Cited. 217 C. 130, 134. Cited. 219
C. 204, 212. Cited. 225 C. 13, 21, 26−29, 31. Cited. 227 C. 848, 855, 856.
Cited. 32 CA 335, 338. Cited. 34 CA 343, 350. Cited. 45 CA 620.
Cited. 36 CS 297, 299.
Subsec. (e):
Trial court has no power to take any evidence. It may only order evidence, if required, be taken by the agency. 174 C.
271, 275. Cited. 174 C. 366, 372. Cited. 194 C. 677, 683, 687. Cited. 200 C. 489, 509. Cited. 201 C. 592, 597. Cited. 202
C. 405, 410. Cited. 209 C. 544, 549, 551. Cited. 211 C. 508, 529. Cited. 215 C. 701, 713. Cited. 219 C. 204, 212.
Cited. 3 CA 531, 538. Cited. 37 CA 653, 671; judgment reversed, see 238 C. 361 et seq.
Cited. 36 CS 297, 300, 301.
Subsec. (f):
Cited. 172 C. 292. Cited. 174 C. 258, 261. Cited. 174 C. 366, 372. Cited. 176 C. 82, 86; Id., 191, 201. Cited. 177 C.
78, 92. Cited. 183 C. 128, 134. Cited. 204 C. 507, 510. Cited. 207 C. 296, 300, 307. Cited. 209 C. 544, 556. Cited. 211 C.
508, 530. Cited. 215 C. 49, 51. Cited. 220 C. 307, 325. Cited. 223 C. 573, 581. Cited. 228 C. 651, 679. Cited. 230 C. 441,
445, 451.
Cited. 3 CA 531, 537. Cited. 5 CA 520, 524. Cited. 15 CA 569, 584. Cited. 18 CA 241, 243, 244. Cited. 29 CA 576,
577. Cited. 34 CA 123, 128, 129. Cited. 38 CA 168, 170, 171.
Cited. 36 CS 297, 300, 301. It was impermissible for court to, in effect, try the matter de novo when parties inserted
new facts at the appellate level. 39 CS 520, 533. Cited. 40 CS 293, 294. Cited. 42 CS 84, 89; Id., 157, 158.
Subsec. (g):
Hearing in which teacher did not have notice of all charges brought against her held in violation of chapter 54. 167 C.
368. The court cannot substitute its discretion for that legally vested in the commission, but determines on the record
whether there is a logical and rational basis for the decision of the commission or whether, in the light of the evidence, it
has acted illegally or in abuse of its discretion. 168 C. 294. Cited. 168 C. 504. Although the commissioner acts in a quasi-
judicial capacity, his function is that of an administrative agency and conclusions reached by him are upheld if legally
supported by evidence. 168 C. 587. Scope of judicial review in appeal from administrative agency. 170 C. 327, 329. Cited.
171 C. 348. (6) Cited. 171 C. 349. Cited. 171 C. 705, 708. (5) Evidence is sufficient to sustain agency finding if it affords
"a substantial basis of fact for which fact in issue can be reasonably inferred." 171 C. 705, 713. Cited. 172 C. 292. (4)
Cited. 172 C. 292. Cited. 173 C. 352, 356. (3) Cited. 174 C. 366, 370, 371. Cited. 174 C. 529, 532. (5) Cited. 175 C. 174,
177. Cited. 176 C. 11, 12. (6) Cited. 176 C. 191, 215. Cited. 176 C. 320, 323; Id., 374, 376. (5) Cited. 176 C. 374, 381.
Cited. 176 C. 533, 538; 177 C. 78, 93. (5) Cited. 177 C. 78, 86; Id., 344, 348; 181 C. 324, 342. Cited. 179 C. 128, 138.
Lay commission acted without substantial evidence and arbitrarily when it relied on its own knowledge and experience
concerning technically complex issue of pollution control. 180 C. 421, 425, 429. Cited. 181 C. 69, 81. Decision of commission was affected by an "error of law"; it is for the courts, and not administrative agencies to expound and apply governing
principles of law. 181 C. 324, 342, 343. Cited. Id., 544, 548. Cited. 182 C. 314, 318. Cited. 183 C. 76, 80; Id., 128, 134.
Cited. 191 C. 384, 408. (5) Cited. Id., 384, 410. (5) Cited. 194 C. 677, 685; 195 C. 534, 537. Cited. Id., 534, 537, 539, 541.
(6) Cited. Id., 534, 538. Cited. 196 C. 623, 636. (1) Cited. 197 C. 91, 93, 94. Cited. 200 C. 1, 3. Cited. Id., 133, 139, 140.
(6) cited. Id., 145, 148. Cited. Id., 489, 496. (5) Cited. Id., 489, 498. (6) Cited. Id., 489, 515. Cited. 202 C. 405, 408. Cited.
Id., 453, 456−458. Cited. 204 C. 672, 681. Cited. 205 C. 767, 773. Cited. 207 C. 77, 82. (1) cited. Id. (5) cited. Id., 296,
305. (4) cited. Id., 296, 306. Cited. 208 C. 442, 452. Subdiv. (5) cited. Id., 442, 451. Cited. Id., 709, 716, 717. Cited. 210
C. 214, 217; Id., 531, 540; Id., 549, 558. Cited. 211 C. 436, 439; Id., 464, 477; Id., 508, 520, 521, 536. Cited. 212 C. 100,
103, 105. Cited. 216 C. 627, 633, 635−637, 639. Subdiv. (1) cited. Id., 627, 638. Cited. 218 C. 580, 593; Id., 757, 762.
Cited. 220 C. 86, 94, 97, 99; Id., 192, 193, 200, 201. Cited. 222 C. 380, 400. Cited. 232 C. 91, 109.
Cited. 4 CA 143, 145. (1) Cited. Id., 307, 311. Cited. Id., 468, 481. (5) Cited. 5 CA 219, 224. (6) Cited. Id., 219, 224.
Cited. Id., 219, 224, 230. (1) Cited. Id., 219, 225. (2) Cited. Id. (4) Cited. Id. (4) Cited. 6 CA 47, 51, 57. Cited. Id., 47, 51,
58. (5) Cited. Id., 47, 51, 59. Cited. 13 CA 477, 480; judgment reversed, see 210 C. 214 et seq. (5) Cited. Id., 477, 478;
judgment reversed, see 210 C. 214 et seq. Cited. 15 CA 569, 582. Cited. 18 CA 291, 293. Cited. 19 CA 334, 337; Id., 539,
546, 547. (4) cited. Id., 539, 547. Cited. 28 CA 435, 443. Cited. 34 CA 352, 354. Cited. 35 CA 191, 199; Id., 474, 485.
Cited. 38 CA 73, 82.
Court, on examining record of Blue Cross rate hearing, affirms insurance commissioner's modification of rate schedules
as there is sufficient evidence to support his judgment. 31 CS 257. Where the finding of facts and the record did not disclose
evidence of sufficient probative force to establish violation of section 14-222, the commissioner's conclusion of law was
erroneous. 31 CS 325. Cited. 34 CS 225, 228, 235, 237. Motion for stay of administrative decision affecting amendment
to rate schedules does not operate as authorization for original request. 34 CS 172−176. Cited. 35 CS 28, 33; 36 CS 1, 4,
5, 8; Id., 18, 23. (6) Cited. 36 CS 166, 167. Appeal of agency decision permitted. 36 CS 271, 276. Cited. Id., 285, 291; Id.,
297, 300, 301; Id., 305, 315. Cited. 39 CS 56, 58; Id., 176, 181, 183; Id., 257, 261, 262. Cited. 40 CS 233, 235. Cited. Id.,
505, 508; Id., 512, 514; Id., 520, 528; Id., 554, 557, 560. Cited. 42 CS 129, 144. Cited. 43 CS 340, 348.
Subsec. (h):
Cited. 214 C. 505, 516. Cited. 235 C. 334, 357.
Cited. 43 CS 246, 248.
Subsec. (i):
Cited. 211 C. 508, 530. Cited. 214 C. 505, 515. Cited. 218 C. 646, 656, 666. Cited. 219 C. 139, 146. Cited. 235 C. 334,
358. Proof of aggrievement requires evidentiary hearing only in absence of a sufficient administrative record; judgment
of appellate court in State Library v. Freedom of Information Commission, 41 CA 641 et seq. reversed. 240 C. 824. Cited.
241 C. 310.
Cited. 10 CA 14, 17. Cited. 20 CA 474, 484. Cited. 43 CA 39. Cited. Id., 133.
Cited. 42 CS 602, 605. Cited. 43 CS 246, 248.
Subsec. (j):
Cited. 215 C. 590, 596. Cited. 216 C. 253, 261, 262. Subdiv. (4) cited. 217 C. 153, 159. Cited. 218 C. 580, 581, 601,
605. Subdiv. (5) cited. Id., 580, 593. Cited. 219 C. 51, 54−58, 63, 64, 66, 72. Subdiv. (1) cited. Id., 51, 55, 56, 72. Subdiv.
(6) cited. Id., 51, 62. Subdiv. (5) cited. Id., 51, 62, 72. Subdiv. (2) cited. Id., 51, 72. Subdiv. (4) cited. Id. Subdiv. (2) cited.
Id., 121, 125. Cited. Id., 139, 149. Cited. 222 C. 380, 400. Cited. 226 C. 358, 371; Id., 704, 712. Cited. 228 C. 158, 163,
164; Id., 651, 660, 667; Id., 699, 713. Subdiv. (5) cited. 229 C. 31, 39; Id., 51, 58. Subdiv. (5) cited. 231 C. 328, 340. Cited.
232 C. 122, 129; Id., 599, 619. Cited. 233 C. 486, 488, 496, 498. Subdiv. (5) cited. 234 C. 312, 320. Subdiv. (6) cited. Id.
Cited. 235 C. 778, 787. Cited. 236 C. 96, 110. Subdiv. (5) cited. Id., 250, 260. Subdiv. (6) cited. Id. Cited. Id., 250, 264.
Cited. 237 C. 209, 223, 228. Subdiv. (5) cited. Id., 272, 281. Subdiv. (6) cited. Id. Cited. 238 C. 337. Subdiv. (5) cited. Id.
Subdiv. (6) cited. Id. Cited. 239 C. 207. Cited. Id., 599. Subdiv. (6) cited. Id. Cited. 240 C. 119. Cited. Id., 141. Cited. 241
C. 310. Subdiv. (5) cited. 242 C. 79. Cited. Id., 599.
Cited. 20 CA 474, 484. Subdiv. (5) cited. 27 CA 346, 352, 353. Subdiv. (6) cited. Id., 346, 353. Subdiv. (6) cited. 28
CA 262, 266. Cited. Id., 435, 440. Subdiv. (5) cited. Id., 500, 505−507; 29 CA 576, 580. Cited. 32 CA 56, 69. Subdiv. (5)
cited. 33 CA 501, 505, 506. Cited. Id., 501, 506; Id., 541, 547. Subdiv. (5) cited. Id., 727, 732. Cited. Id., 775, 781. Subdiv.
(5) cited. Id. Cited. 34 CA 352, 354. Subdiv. (5): Judgment of trial court dismissing appeal is reversed. See also Nelson
Navigation Co. v. Department of Liquor Control, 27 CA 614 and 226 C. 418. 34 CA 352, 355. Cited. Id., 510, 514. Cited.
Id., 620, 623. Cited. 35 CA 111, 116. Cited. Id., 384, 387. Cited. Id., 474, 486. Cited. 37 CA 303, 308. Cited. Id., 694, 696.
Cited. 38 CA 322, 324, 325. Cited. Id., 506, 511. Cited. 41 CA 1, 5. Cited. Id., 67, 71, 74. Cited. 42 CA 402. Cited. 43 CA
133. Cited. Id., 636. Cited. 44 CA 611. Cited. 45 CA 83. Subdiv. (5) cited. Id., 225. Cited. Id., 476. It is not the role of the
court to substitute its judgment for that of zoning board of appeals in case involving certificate of approval pursuant to
Sec. 14-54 when there was substantial evidence on the record to support board's decision. 48 CA 599. Subdiv. (5): Standard
of review discussed. 49 CA 513.
Subdiv. (5) cited. 41 CS 437, 441. Cited. Id., 437, 441, 444. Subdiv. (1) cited. Id., 437, 444. Subdiv. (2) cited. Id. Subdiv.
(3) cited. Id. Subdiv. (4) cited. Id. Cited. 42 CS 57, 64. Subdiv. (5) cited. Id. Cited. Id., 217, 225; Id., 306, 323; Id., 413,
417, 424, 426; Id., 599, 601; Id., 602, 605. Subdiv. (5) cited. Id., 602, 613, 616. Subdiv. (6) cited. Id. Subdiv. (1) cited.
Id., 602, 616. Subdiv. (2) cited. Id. Cited. 43 CS 246, 248. Cited. Id., 386, 391, 392. Cited. Id., 457, 464. Cited. 44 CS 230.
Cited. 45 CS 57. Scope of judicial review. Id., 292.
Subsec. (k):
Cited. 231 C. 391, 401. Cited. 234 C. 312, 321. Cited. 235 C. 778, 787. Cited. 236 C. 96, 110. Cited. Id., 250, 264.
Cited. 237 C. 209, 228, 232.
Cited. 20 CA 474, 484. Cited. 24 CA 662, 669; judgment reversed, see 233 C. 618 et seq.
Cited. 42 CS 602, 605, 606. Cited. 44 CS 21, 34. Cited. 45 CS 57.
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(1971, P.A. 854, S. 19; P.A. 76-436, S. 475, 681.)
History: P.A. 76-436 replaced court of common pleas with superior court and made review subject Sec. 52-7, effective
July 1, 1978.
Cited. 171 C. 345. Cited. 171 C. 691, 695. Cited. 172 C. 263. Cited. 173 C. 462, 465. Cited. 186 C. 153, 156. Freedom
of information commission was not an aggrieved party and therefore was not eligible to appeal. 191 C. 173, 175. Cited.
192 C. 234, 237. Cited. 202 C. 405, 408. Cited. 204 C. 672, 674. Cited. 208 C. 187, 192. Cited. 210 C. 597, 606. Cited.
216 C. 253, 272.
Cited. 1 CA 1, 2. Cited. 17 CA 429, 430. Cited. 18 CA 13, 14. Cited. 19 CA 489, 491. Cited. 30 CA 720, 723. Cited.
37 CA 694, 696, 697. Cited. 42 CA 519. Cited. 45 CA 476.
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(1) "Person" means a person as defined in section 4-166, but excludes (A) an individual with a net worth in excess of five hundred thousand dollars, (B) a business whose
gross revenues for the most recently completed fiscal year exceeded one million five
hundred thousand dollars, (C) a business with more than twenty-five employees and
(D) an agency as defined in section 4-166.
(2) "Reasonable fees and expenses" means any expenses not in excess of seven
thousand five hundred dollars which the court finds were reasonably incurred in opposing the agency action, including court costs, expenses incurred in administrative proceedings, attorney's fees, witness fees of all necessary witnesses, and such other expenses as were reasonably incurred.
(b) In any appeal by an aggrieved person of an agency decision taken in accordance
with section 4-183 and in any appeal of the final judgment of the Superior Court under
said section taken in accordance with section 51-197b, the court may, in its discretion,
award to the prevailing party, other than the agency, reasonable fees and expenses in
addition to other costs if such prevailing party files a request for an award of reasonable
fees and expenses within thirty days of the issuance of the court's decision and the
court determines that the action of the agency was undertaken without any substantial
justification.
(P.A. 83-284; P.A. 88-317, S. 26, 107; P.A. 97-88.)
History: P.A. 88-317 added Subpara. (D) to Subdiv. (1) of Subsec. (a), excluding an agency from definition of "person",
effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A. 97-88 amended
Subsec. (b) to require a prevailing party seeking an award of reasonable fees and expenses to file a request therefor within
thirty days of the issuance of the court's decision.
Cited. 204 C. 17, 22, 25, 27, 28; Id., 672, 674. Cited. 214 C. 505, 509, 515. Cited. 216 C. 85, 108. Cited. 237 C. 28−30.
Cited. 18 CA 13, 14. Cited. 30 CA 720, 723. Cited. 38 CA 506, 507, 511, 512, 514, 515, 517−520. Cited. 43 CA 39.
Cited. 45 CA 543.
Subsec. (a):
Subdiv. (2) cited. 237 C. 28, 29.
Subdiv. (1) cited. 38 CA 506, 512. Subdiv. (2) cited. Id., 506, 512, 521.
Subsec. (b):
Cited. 240 C. 141.
Cited. 26 CA 326, 329. Cited. 38 CA 506, 512, 513, 520, 521. Cited. 41 CA 866, 867, 870, 871, 873. Cited. 43 CA 39.
Agency's action must be entirely unreasonable or without any reasonable basis in law or fact to prevail. 51 CA 96.
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(b) Notwithstanding any other provision of the general statutes to the contrary in
existence on July 1, 1989, this chapter shall apply to all agencies and agency proceedings
not expressly exempted in this chapter.
(1971, P.A. 854, S. 21; P.A. 88-317, S. 24, 107.)
History: P.A. 88-317 repealed former section which stated that "Except as to proceedings pending on January 1, 1972,
this chapter applies to all agencies and agency proceedings not expressly exempted" and substituted all new provisions,
effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date.
Cited. 170 C. 668, 671. Cited. 171 C. 691, 695. Cited. 172 C. 263. Claims commission not exempt (but see Sec. 4-
164(b)); exclusions of governor, lieutenant-governor and attorney general from definition of "agency" constitute exemptions from chapter. 172 C. 603. Cited. 173 C. 352, 357. Cited. Id., 462, 465, 467. Cited. 183 C. 76, 81. Cited. 186 C. 153,
156. Cited. 188 C. 90, 97. Cited. 191 C. 173, 175. Cited. 193 C. 379, 381. Cited. 195 C. 534, 539. Cited. 204 C. 259, 280.
Cited. Id., 672, 674. Cited. 211 C. 508, 526. Cited. 213 C. 184, 211. Cited. 217 C. 130, 139. Cited. 220 C. 192, 196. Cited.
221 C. 482, 486, 487, 489. Cited. 223 C. 573, 581.
Cited. 1 CA 1, 2. Cited. 18 CA 13, 14. Cited. 30 CA 720, 723.
Subsec. (a):
Cited. 217 C. 130, 134−140. P.A. 88-317, Secs. 24(a) and 107 cited. Id. Cited. Id., 143, 148, 149, 151, 152. P.A. 88-
317, Secs. 24(a) and 107 cited. Id. Cited. 220 C. 516, 520.
Cited. 28 CA 435, 443.
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(P.A. 73-620, S. 16, 19; P.A. 88-317, S. 106, 107.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) In the case of conflict between the provisions of this chapter and the provisions
of chapter 567 and provisions of the general statutes relating to limitations of periods
of time, procedures for filing appeals, or jurisdiction or venue of any court or tribunal
governing unemployment compensation, employment security or manpower appeals,
the provisions of the law governing unemployment compensation, employment security
and manpower appeals shall prevail.
(c) The Employment Security Division and the Board of Mediation and Arbitration
of the state Labor Department, the Claims Commissioner, and the Workers' Compensation Commissioner are exempt from the provisions of section 4-176e and sections 4-
177 to 4-183, inclusive.
(d) The provisions of this chapter shall not apply: (1) To procedures followed or
actions taken concerning the lower Connecticut River conservation zone described in
chapter 477a and the upper Connecticut River conservation zone described in chapter
477c, (2) to the administrative determinations authorized by section 32-9r concerning
manufacturing facilities in distressed municipalities, (3) to the rules made pursuant to
section 9-436 for use of paper ballots and (4) to guidelines established under section
22a-227 for development of a municipal solid waste management plan.
(e) The provisions of this chapter shall apply to the Board of Governors of Higher
Education in the manner described in section 10a-7 and to the Department of Correction
in the manner described in section 18-78a.
(f) The provisions of section 4-183 shall apply to the Psychiatric Security Review
Board in the manner described in section 17a-597, and to appeals from the condemnation
of a herd by the Commissioner of Agriculture in the manner described in section 22-288a.
(g) The provisions of section 4-183 shall apply to special education appeals taken
pursuant to subdivision (4) of subsection (d) of section 10-76h, in the manner described
therein. The final decision rendered in the special education hearings pursuant to section
10-76h shall be exempt from the provisions of section 4-181a.
(h) The Higher Education Supplemental Loan Authority and the Municipal Liability
Trust Fund Committee are not agencies for the purposes of this chapter.
(i) Guidelines, criteria and procedures adopted pursuant to section 10a-225 by the
Connecticut Higher Education Supplemental Loan Authority and the state-wide solid
waste management plan adopted under section 22a-227 shall not be construed as regulations under this chapter.
(j) The Judicial Review Council is exempt from the provisions of sections 4-175
to 4-185, inclusive.
(1972, P.A. 293, S. 1; P.A. 77-426, S. 8, 19; 77-603, S. 5, 125; 77-614, S. 139, 610; P.A. 88-317, S. 25, 107; P.A. 91-
277, S. 5, 6; P.A. 92-262, S. 39, 42; P.A. 93-353, S. 36, 52; P.A. 95-2, S. 21, 37; 95-132, S. 3, 5; P.A. 97-132, S. 5.)
History: P.A. 77-426 deleted reference to unemployment commissioners and included appeals from decisions of employment security appeals referees to the board of review and from decisions of board of review under exception; P.A.
77-603 included appeals from decisions of tax commissioner to courts in exception; P.A. 77-614 replaced tax commissioner
with commissioner of revenue services, effective January 1, 1979; P.A. 88-317 designated former section as Subsec. (a)
and added Subsecs. (b) to (h), inclusive, re applicability of chapter 54 to specific procedures, programs and agencies,
effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A. 91-277 amended
Subsec. (f) to delete reference to special education appeals taken pursuant to Sec. 10-76h(e)(3) and inserted new Subsec.
(g) on special education appeals, relettering the remaining Subsecs. accordingly; P.A. 92-262 amended Subsec. (g) to
substitute 1993 for 1992; (Revisor's note: In 1993 obsolete reference in Subsec. (d)(3) "to the adoption review board
established pursuant to section 45-68d" was deleted editorially by the Revisors since Sec. 45-68d is repealed, and Subdivs.
(4) and (5) were renumbered accordingly as Subdivs. (3) and (4)); P.A. 93-353 amended Subsec. (g) to remove provision
limiting the exemption from the provisions of Sec. 4-181a to the period from June 24, 1991, to September 30, 1993,
effective July 1, 1993; P.A. 95-2 added appeals from decisions under Secs. 12-242hh, 12-242ii and 12-242kk, effective
March 8, 1995; P.A. 95-132 amended Subsec. (a) to exclude appeals under chapters 214a, 217, 218a, 220, 223, 227, 228b,
228c, 228d, 228e and 229 from the chapter and deleted reference to chapter 215, effective June 7, 1995; P.A. 97-132 added
Subsec. (j) exempting Judicial Review Council from provisions of Secs. 4-175 to 4-185, inclusive.
Cited. 168 C. 504. Cited. 172 C. 263. Cited. 173 C. 462, 465. Cited. 183 C. 76, 81. Cited. 186 C. 153, 156. Cited. 191
C. 173, 175. Cited. 202 C. 583, 588. Cited. 204 C. 672, 674; Id., 137, 144. Cited. 215 C. 134, 137. Cited. 242 C. 599.
Cited. 1 CA 1, 2. Cited. 18 CA 13, 14. Cited. 30 CA 720, 723.
Cited. 43 CS 10, 11.
Subsec. (a):
Cited. 34 CA 620, 624. Cited. 43 CA 779.
Subsec. (c):
Cited. 239 C. 32.
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(1972, P.A. 293, S. 2, 3; P.A. 75-557; P.A. 88-317, S. 106, 107.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 75-529, S. 1, 4; P.A. 80-471, S. 7; P.A. 88-317, S. 58, 107.)
History: P.A. 80-471 lettered subdivisions previously numbered and numbered those previously lettered and replaced
reference to "dismissal or suspension of a student for disciplinary reasons" with "proposed disciplinary action against a
student"; P.A. 88-317 made technical change to incorporate in reference to "this chapter" new sections added to Ch. 54,
effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date.
Section does not have retroactive effect. 174 C. 366, 369. Cited. 183 C. 76, 81. Cited. 186 C. 153, 156. Cited. 191 C.
173, 175. Cited. 204 C. 672, 674.
Cited. 1 CA 1, 2. Cited. 2 CA 196, 202, 203. Cited. 18 CA 13, 14. Cited. 30 CA 720, 723.
State system of higher education exempted from this chapter. 32 CS 153.