Attention Clients
Our office is open and available for remote video and telephone consults. We are set up to represent you remotely VIA Zoom and are still here to help with your legal options during this time.
Attention Clients
Our office is open and available for remote video and telephone consults. We are set up to represent you remotely VIA Zoom and are still here to help with your legal options during this time.
Initial hearing to determine license suspension is scheduled upon request of operator, & must be requested within 7 days of date of mailing of notice of suspension. (1) With good cause, hearing officer or operator can request a continuance of up to 15 days. (2)The attorney for operator can request in writing a 2d continuance if there is a conflicting court appearance. (3)Further continuances can be granted upon written certification to Commissioner of facts surrounding need for continuance
If Commissioner fails to file a decision within 90 days of hearing, the operator can apply to Hartford Superior Court for an order requiring DMV to issue its final decision. (4) Request for Reconsideration – file in writing within 15 days of notice of mailing of final decision (5) (note — this does change date of “final decision”!!!)
Important: The commissioner’s decision is a final decision, which starts appeal clock running. (6)
File petition within 45 days of mailing of final decision or the denial of the Request For Reconsideration (7)
Within 45 days after filing appeal, must file affidavit or sheriff’s report regarding service of appeal
Plaintiff’s brief: file 30 days after defendant’s answer, or the return of record, whichever is later. (8)
Any motion for extension of time must be filed before time for filing brief expires and must include: (9)
File initial appeal papers within 20 days of notice of judgment or decision. (10)
Time may be extended upon written request filed before time for filing appeal expires. (11)
Appellant brief due within 45 days of delivery date of ordered transcript (12) (If no transcript required, 45 days from filing of appeal
Appellee brief due within 30 days of appellant’s brief. (13)
All motions for extension of time to file briefs must be in writing, filed before due date of brief, (14) and in accordance with Conn. R. App. Proc 66-1 and 66-2.
File petition for certification within 20 days of notice Appellate Court order or decision. (15)
Basis for Certification, see Conn. R. App. Proc. § 84-2
Form of Petition, see Conn. R. App. Proc. § 84-5
Time may be extended upon written request filed before time for filing appeal expires. (16)
Appellant brief due within 45 days of issuance of notice of certification. (17)
Appellee brief due within 30 days of appellant’s brief. (18)
All motions for extension of time to file briefs must be in writing, filed before due date of brief, (19) and in accordance with Conn. R. App. Proc 66-1 and 66-2.
For details on form, page limitation, copies, etc., please see relevant statute or regulation.
For details on form, page limitation, copies, etc. please see relevant statute or regulations and the footnotes listed below with regard to the above outline.
Connecticut General Statutes Annotated Currentness
Title 14. Motor Vehicles. Use of the Highway by Vehicle. Gasoline)e (Refs & Annos)
Chapter 248. Vehicle Highway Use (Refs & Annos)
(a) Any person who operates a motor vehicle in this state shall be deemed to have given such person’s consent to a chemical analysis of such person’s blood, breath or urine and, if such person is a minor, such person’s parent or parents or guardian shall also be deemed to have given their consent.
(b) If any such person, having been placed under arrest for operating a motor vehicle while under the influence of intoxicating liquor or any drug or both, and thereafter, after being apprised of such person’s constitutional rights, having been requested to submit to a blood, breath or urine test at the option of the police officer, having been afforded a reasonable opportunity to telephone an attorney prior to the performance of such test and having been informed that such person’s license or nonresident operating privilege may be suspended in accordance with the provisions of this section if such person refuses to submit to such test or if such person submits to such test and the results of such test indicate that such person has an elevated blood alcohol content, and that evidence of any such refusal shall be admissible in accordance with subsection (e) of section 14-227a and may be used against such person in any criminal prosecution, refuses to submit to the designated test, the test shall not be given; provided, if the person refuses or is unable to submit to a blood test, the police officer shall designate the breath or urine test as the test to be taken. The police officer shall make a notation upon the records of the police department that such officer informed the person that such person’s license or nonresident operating privilege may be suspended if such person refused to submit to such test or if such person submitted to such test and the results of such test indicated that such person had an elevated blood alcohol content.
(c) If the person arrested refuses to submit to such test or analysis or submits to such test or analysis, commenced within two hours of the time of operation, and the results of such test or analysis indicate that such person has an elevated blood alcohol content, the police officer, acting on behalf of the Commissioner of Motor Vehicles, shall immediately revoke and take possession of the motor vehicle operator’s license or, if such person is a nonresident, suspend the nonresident operating privilege of such person, for a twenty-four-hour period. The police officer shall prepare a written report of the incident and shall mail the report and a copy of the results of any chemical test or analysis to the Department of Motor Vehicles within three business days. The report shall be made on a form approved by the Commissioner of Motor Vehicles and shall be subscribed and sworn to under penalty of false statement as provided in section 53a-157b by the arresting officer. If the person arrested refused to submit to such test or analysis, the report shall be endorsed by a third person who witnessed such refusal. The report shall set forth the grounds for the officer’s belief that there was probable cause to arrest such person for operating a motor vehicle while under the influence of intoxicating liquor or any drug or both and shall state that such person had refused to submit to such test or analysis when requested by such police officer to do so or that such person submitted to such test or analysis, commenced within two hours of the time of operation, and the results of such test or analysis indicated that such person had an elevated blood alcohol content.
(d) If the person arrested submits to a blood or urine test at the request of the police officer, and the specimen requires laboratory analysis in order to obtain the test results, the police officer shall not take possession of the motor vehicle operator’s license of such person or, except as provided in this subsection, follow the procedures subsequent to taking possession of the operator’s license as set forth in subsection (c) of this section. If the test results indicate that such person has an elevated blood alcohol content, the police officer, immediately upon receipt of the test results, shall notify the Commissioner of Motor Vehicles and submit to the commissioner the written report required pursuant to subsection (c) of this section.
(e) (1) Except as provided in subdivision (2) of this subsection, upon receipt of such report, the Commissioner of Motor Vehicles may suspend any license or nonresident operating privilege of such person effective as of a date certain, which date shall be not later than thirty days after the date such person received notice of such person’s arrest by the police officer. Any person whose license or operating privilege has been suspended in accordance with this subdivision shall automatically be entitled to a hearing before the commissioner to be held prior to the effective date of the suspension. The commissioner shall send a suspension notice to such person informing such person that such person’s operator’s license or nonresident operating privilege is suspended as of a date certain and that such person is entitled to a hearing prior to the effective date of the suspension and may schedule such hearing by contacting the Department of Motor Vehicles not later than seven days after the date of mailing of such suspension notice.
(2) If the person arrested (A) is involved in an accident resulting in a fatality, or (B) has previously had such person’s operator’s license or nonresident operating privilege suspended under the provisions of section 14-227a during the ten-year period preceding the present arrest, upon receipt of such report, the Commissioner of Motor Vehicles may suspend any license or nonresident operating privilege of such person effective as of the date specified in a notice of such suspension to such person. Any person whose license or operating privilege has been suspended in accordance with this subdivision shall automatically be entitled to a hearing before the commissioner. The commissioner shall send a suspension notice to such person informing such person that such person’s operator’s license or nonresident operating privilege is suspended as of the date specified in such suspension notice, and that such person is entitled to a hearing and may schedule such hearing by contacting the Department of Motor Vehicles not later than seven days after the date of mailing of such suspension notice. Any suspension issued under this subdivision shall remain in effect until such suspension is affirmed or such license or operating privilege is reinstated in accordance with subsections (f) and (h) of this section.
(f) If such person does not contact the department to schedule a hearing, the commissioner shall affirm the suspension contained in the suspension notice for the appropriate period specified in subsection (i) or (j) of this section.
(g) If such person contacts the department to schedule a hearing, the department shall assign a date, time and place for the hearing, which date shall be prior to the effective date of the suspension, except that, with respect to a person whose license or nonresident operating privilege is suspended in accordance with subdivision (2) of subsection (e) of this section, such hearing shall be scheduled not later than thirty days after such person contacts the department. At the request of such person or the hearing officer and upon a showing of good cause, the commissioner may grant one continuance for a period not to exceed fifteen days. The hearing shall be limited to a determination of the following issues: (1) Did the police officer have probable cause to arrest the person for operating a motor vehicle while under the influence of intoxicating liquor or any drug or both; (2) was such person placed under arrest; (3) did such person refuse to submit to such test or analysis or did such person submit to such test or analysis, commenced within two hours of the time of operation, and the results of such test or analysis indicated that such person had an elevated blood alcohol content; and (4) was such person operating the motor vehicle. In the hearing, the results of the test or analysis shall be sufficient to indicate the ratio of alcohol in the blood of such person at the time of operation, except that if the results of the additional test indicate that the ratio of alcohol in the blood of such person is twelve-hundredths of one per cent or less of alcohol, by weight, and is higher than the results of the first test, evidence shall be presented that demonstrates that the test results and analysis thereof accurately indicate the blood alcohol content at the time of operation. The fees of any witness summoned to appear at the hearing shall be the same as provided by the general statutes for witnesses in criminal cases.
(h) If, after such hearing, the commissioner finds on any one of the said issues in the negative, the commissioner shall reinstate such license or operating privilege. If, after such hearing, the commissioner does not find on any one of the said issues in the negative or if such person fails to appear at such hearing, the commissioner shall affirm the suspension contained in the suspension notice for the appropriate period specified in subsection (i) or (j) of this section. The commissioner shall render a decision at the conclusion of such hearing or send a notice of the decision by bulk certified mail to such person not later than thirty days or, if a continuance is granted, not later than forty-five days from the date such person received notice of such person’s arrest by the police officer. The notice of such decision sent by certified mail to the address of such person as shown by the records of the commissioner shall be sufficient notice to such person that such person’s operator’s license or nonresident operating privilege is reinstated or suspended, as the case may be. Unless a continuance of the hearing is granted pursuant to subsection (g) of this section, if the commissioner fails to render a decision within thirty days from the date such person received notice of such person’s arrest by the police officer, the commissioner shall reinstate such person’s operator’s license or nonresident operating privilege, provided notwithstanding such reinstatement the commissioner may render a decision not later than two days thereafter suspending such operator’s license or nonresident operating privilege.
(i) Except as provided in subsection (j) of this section, the commissioner shall suspend the operator’s license or nonresident operating privilege of a person who did not contact the department to schedule a hearing, who failed to appear at a hearing or against whom, after a hearing, the commissioner held pursuant to subsection (h) of this section, as of the effective date contained in the suspension notice or the date the commissioner renders a decision, whichever is later, for a period of: (1) (A) Except as provided in subparagraph (B) of this subdivision, ninety days, if such person submitted to a test or analysis and the results of such test or analysis indicated that such person had an elevated blood alcohol content, (B) one hundred twenty days, if such person submitted to a test or analysis and the results of such test or analysis indicated that the ratio of alcohol in the blood of such person was sixteen-hundredths of one per cent or more of alcohol, by weight, or (C) six months if such person refused to submit to such test or analysis, (2) if such person has previously had such person’s operator’s license or nonresident operating privilege suspended under this section, (A) except as provided in subparagraph (B) of this subdivision, nine months if such person submitted to a test or analysis and the results of such test or analysis indicated that such person had an elevated blood alcohol content, (B) ten months if such person submitted to a test or analysis and the results of such test or analysis indicated that the ratio of alcohol in the blood of such person was sixteen-hundredths of one per cent or more of alcohol, by weight, and (C) one year if such person refused to submit to such test or analysis, and (3) if such person has two or more times previously had such person’s operator’s license or nonresident operating privilege suspended under this section, (A) except as provided in subparagraph (B) of this subdivision, two years if such person submitted to a test or analysis and the results of such test or analysis indicated that such person had an elevated blood alcohol content, (B) two and one-half years if such person submitted to a test or analysis and the results of such test or analysis indicated that the ratio of alcohol in the blood of such person was sixteen-hundredths of one per cent or more of alcohol, by weight, and (C) three years if such person refused to submit to such test or analysis.
(j) The commissioner shall suspend the operator’s license or nonresident operating privilege of a person under twenty-one years of age who did not contact the department to schedule a hearing, who failed to appear at a hearing or against whom, after a hearing the commissioner held pursuant to subsection (h) of this section, as of the effective date contained in the suspension notice or the date the commissioner renders a decision whichever is later, for twice the appropriate period of time specified in subsection (i) of this section, except that, in the case of a person who is sixteen or seventeen years of age at the time of the alleged offense, the period of suspension for a first offense shall be one year if such person submitted to a test or analysis and the results of such test or analysis indicated that such person had an elevated blood alcohol content or eighteen months if such person refused to submit to such test or analysis.
(k) Notwithstanding the provisions of subsections (b) to (j), inclusive, of this section, any police officer who obtains the results of a chemical analysis of a blood sample taken from an operator of a motor vehicle involved in an accident who suffered or allegedly suffered physical injury in such accident shall notify the Commissioner of Motor Vehicles and submit to the commissioner a written report if such results indicate that such person had an elevated blood alcohol content, and if such person was arrested for violation of section 14-227a in connection with such accident. The report shall be made on a form approved by the commissioner containing such information as the commissioner prescribes, and shall be subscribed and sworn to under penalty of false statement, as provided in section 53a-157b, by the police officer. The commissioner may, after notice and an opportunity for hearing, which shall be conducted in accordance with chapter 54, suspend the motor vehicle operator’s license or nonresident operating privilege of such person for the appropriate period specified in subsection (i) or (j) of this section. Each hearing conducted under this subsection shall be limited to a determination of the following issues: (1) Whether the police officer had probable cause to arrest the person for operating a motor vehicle while under the influence of intoxicating liquor or drug or both; (2) whether such person was placed under arrest; (3) whether such person was operating the motor vehicle; (4) whether the results of the analysis of the blood of such person indicate that such person had an elevated blood alcohol content; and (5) whether the blood sample was obtained in accordance with conditions for admissibility and competence as evidence as set forth in subsection (j) of section 14-227a. If, after such hearing, the commissioner finds on any one of the said issues in the negative, the commissioner shall not impose a suspension. The fees of any witness summoned to appear at the hearing shall be the same as provided by the general statutes for witnesses in criminal cases, as provided in section 52-260.
(l) The provisions of this section shall apply with the same effect to the refusal by any person to submit to an additional chemical test as provided in subdivision (5) of subsection (b) of section 14-227a.
(m) The provisions of this section shall not apply to any person whose physical condition is such that, according to competent medical advice, such test would be inadvisable.
(n) The state shall pay the reasonable charges of any physician who, at the request of a municipal police department, takes a blood sample for purposes of a test under the provisions of this section.
(o) For the purposes of this section, “elevated blood alcohol content” means (1) a ratio of alcohol in the blood of such person that is eight-hundredths of one per cent or more of alcohol, by weight, or (2) if such person is under twenty-one years of age, a ratio of alcohol in the blood of such person that is two-hundredths of one per cent or more of alcohol, by weight.
(p) The Commissioner of Motor Vehicles shall adopt regulations, in accordance with chapter 54, to implement the provisions of this section.
Hearings are conducted where required or authorized by statute or regulation under general authority of section 14-4a of the Connecticut General Statutes. Pursuant to section 14-4a, the commissioner may designate any person to act as a hearing officer for the motor vehicle department for the purpose of conducting hearings and rendering decisions. In any hearing where the hearing officer has been authorized by the commissioner to render a final decision, the fact of such authorization shall be noticed on the record. In any contested case in which the hearing officer assigned to conduct the hearing has not been authorized to render a final decision in the matter, this fact shall be noticed on the record at the start of the hearing and the party(ies) of record shall be notified of the identity of the individual who will render the final decision.
(a) Official address. All correspondence relating to formal hearings should be addressed to: Adjudications Unit, Legal Services Division, Department of Motor Vehicles, 60 State Street, Wethersfield, Connecticut 06109-1896.
(b) Waiver of rules. Where good cause appears, the commissioner or his designee may permit deviation from these rules, except where precluded by statute or where the rights of any party would be prejudiced substantially.
(c) Notice of hearings.
(1) The department shall mail a notice of hearing to the last known address or the last address provided by the respondent, at least ten (10) days before the scheduled hearing, unless the respondent has received actual notice or waived the requirement of advance notice.
(2) The notice shall include:
(A) A statement of the time, place, and nature of the hearing;
(B) A statement of the legal authority and jurisdiction under which the hearing is to be held;
(C) A reference to the particular sections of the statutes and regulations involved;
(D) A short and plain statement of the matters asserted. If the department or other 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.
(d) Location of hearings. Hearings are held at 60 State Street, Wethersfield, Connecticut and at such other location or locations as the commissioner may designate.
(e) Hearings to be public; maintenance of order
(1) Unless otherwise provided by law, all contested case hearings shall be open to the public.
(2) At any hearing, the hearing officer may direct that any recording, radio, television, or broadcasting equipment shall be placed in a stationery location or otherwise handled in such a manner as not to disturb the proceedings or, in the opinion of the hearing officer, block the aisles or exits, or jeopardize the safety of any party in the hearing room.
(3) The hearing officer may order any individual, willfully interrupting the orderly conduct of a hearing, to be removed from the hearing room.
(4) The hearing officer may order the hearing room to be cleared if, in his opinion, the hearing cannot be conducted in an orderly fashion and the orderly conduct of the hearing cannot be restored by the removal of the individuals who are willfully interrupting the hearing. Accredited representatives of the news media, other than those participating in the interruption of the hearing, shall be allowed to remain in the cleared hearing room and continue to observe the hearing.
(5) The hearing officer may readmit an individual that had been ordered to vacate the hearing room pursuant to either subdivisions three (3) or four (4) of this section if, in the hearing officer’s opinion, the individual has ceased to be disruptive and will continue to behave in an orderly manner.
(f) Postponements and adjournments.
(1) Only for good cause shown will a continuance be granted to any licensee upon a request made to the commissioner or his designee.
(2) A continuance will be granted when, due to an emergency, a police officer scheduled to appear at a hearing is required by his superiors to be on duty. Any hearing so continued will be rescheduled to the earliest possible time after the original hearing.
(3) No second continuance will be granted for the convenience of any party. An attorney for a respondent who has a conflicting court appearance may be granted a second continuance upon a request in writing, stating the name and location of the court, the date, time and case number of the conflicting court appearance. Such written request shall be directed to the attention of the Adjudications Unit, Legal Services Division, Department of Motor Vehicles, 60 State Street, Wethersfield, CT 06109-1896.
(4) The requirements in subdivisions (1), (2) or (3) may be waived by the commissioner or his designee only for good cause shown. The commissioner or his designee may request written certification of the facts surrounding the request for a continuance.
(5) The commissioner or his designee may reschedule a hearing or adjourn a hearing in progress to another date and time.
(g) Waiver of oral hearing and personal appearance. The respondent may waive oral hearing and personal appearance and request that the matter be adjudicated on the basis of the available written and demonstrative evidence on file with the department including any evidence submitted by the respondent.
(h) Adjudication in absence of a party. Where the commissioner or his designee finds that the notice of hearing has been properly served by mail and the respondent or any witness has failed to appear, the commissioner or his designee may in his or her discretion hear the case and render a decision.
(i) Pre-hearing procedure in contested cases.
(1) At any time after the issuance of a complaint or order and before the scheduled hearing date, and where not otherwise precluded by law, the commissioner may order or a respondent may request an informal, pre-hearing conference. The granting or denial of a request for a pre-hearing conference is within the complete discretion of the commissioner or such hearing officer as has been designated by the commissioner.
(2) A pre-hearing conference may be held for any of the following purposes:
(A) To narrow the scope of the issues in dispute;
(B) To obtain stipulations as to matters of fact;
(C) To stipulate as to the authenticity of documents which are to be offered in evidence;
(D) To stipulate as to the qualifications of any expert witnesses who are to testify at the hearing; and
(E) To discuss the possibility of an informal disposition of a complaint.
(3) A pre-hearing conference need not be recorded, but a written record will be made of any stipulations as to matter of fact, as to the authenticity of documents, or as to the qualifications of expert witnesses. Any such written record will be signed by each of the individual respondents or his counsel and by the commissioner or his authorized representative.
(j) Informal disposition in contested cases.
(1) Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default. A respondent may agree to enter an agreement containing a consent order in lieu of a hearing on the issue(s). Such agreement may be negotiated by the respondent and the counsel for a complainant or an authorized representative of the department. The acceptance of a consent agreement and order is within the complete discretion of the commissioner, or his designee, the chief of legal services for the department.
(2) A consent agreement and order shall contain:
(A) An admission of all jurisdiction facts;
(B) An express waiver of the right to seek judicial review or otherwise challenge or contest the validity of the order;
(C) An express waiver of the requirement that the decision contain findings of fact and conclusion of law;
(D) A provision that the complaint may be used in construing the terms of the order;
(E) A statement that the order contained therein shall have the same force and effect as an order entered after a full hearing and shall become final when issued;
(F) A statement that said order shall not be effective unless and until accepted and approved by the commissioner, or his designee, the chief of legal services for the department;
(G) The signature of each respondent or his attorney and the counsel for the complainant; and
(H) The signature of the commissioner or his said designee accepting and approving the consent agreement and order.
(k) Motions. Parties or their attorneys may file any appropriate motion in writing in advance of the hearing, at the hearing, or after the hearing. Any appropriate oral motion may be made at the hearing. The commissioner or his designee shall rule on pre-hearing and post hearing motions or refer them to the hearing officer hearing the case. The presiding hearing officer may rule on motions at the hearing, or may in his discretion incorporate a ruling on a motion in an intermediate or final decision.
(l) Witnesses, subpoenas, and production of records. All testimony shall be taken under oath or affirmation. The commissioner or his designee may subpoena witnesses and require the production of records, papers and documents. If any person disobeys such process or, having appeared in obedience thereto, refuses to answer any pertinent question put to him by or under the direction of the commissioner or his designee or to produce any records and papers pursuant thereto, the commissioner may apply to the superior court for the judicial district of Hartford setting forth such disobedience to process or refusal to answer, as provided in sections 4-177b and 14-110 of the Connecticut General Statutes.
(m) Rules of evidence. The following rules of evidence shall be followed in the admission of testimony and exhibits in all hearings:
(1) General. Any oral, documentary or physical evidence may be received. The commissioner or his designee shall, as a matter of policy, provide for the exclusion of irrelevant, immaterial or unduly repetitious evidence. The commissioner or his designee shall give effect to the rules of privilege recognized by law in Connecticut where appropriate to the conduct of the hearing.
(2) Documentary evidence. Documentary evidence may be received at the discretion of the commissioner or his designee in the form of copies or excerpts, if the original is not found readily available. Upon request by any party an opportunity shall be granted to compare the copy with the original which shall be subject to production by the person offering such copies, within the provisions of section 52-180 of the Connecticut General Statutes.
(n) Limiting number of witnesses.
(1) To avoid unnecessary cumulative evidence, the commissioner or his designee may limit the number of witnesses or the time for testimony upon a particular issue in the course of any hearing.
(2) The commissioner or his designee may permit any party to offer testimony in written form, if it will expedite the hearing. Such written testimony shall be received in evidence with the same force and effect as though it were stated orally by the witness who has given the evidence, provided that the interests of the parties will not be prejudiced substantially. Prior to its admission, such written testimony shall be subject to objections by parties.
(3) Cross-examination. A party may conduct cross-examinations required for a full and true disclosure of the facts.
(4) Facts noticed, scope and procedure. The department may take official notice of generally recognized technical or scientific facts within its specialized knowledge. Parties shall be afforded an opportunity to contest the material so noticed by being notified before or during the hearing, or by an appropriate reference in preliminary reports or otherwise of the material noticed. The department shall nevertheless employ its experience, technical competence, and specialized knowledge in evaluating the evidence presented at the hearing for the purpose of making its findings of facts and arriving at a final decision. Where an adjudication of violation or responsibility has been determined, the records and prior decisions of the department may be considered in determining an appropriate disposition.
(o) Filing of added exhibits and testimony. Upon order of the commissioner or his designee before, during or after the hearing, any party may be given an opportunity to submit additional pleadings and evidence unless the rights of any party would be substantially prejudiced. Such added exhibits and testimony shall be subject to such comment, reply and contest as due process may require.
(p) Party and intervenor status in a contested case.
(1) The commissioner or his designee shall grant a person status as a party in a contested case if:
(A) Such person has submitted a written petition to the department and mailed copies to all parties at least five days before the date of hearing; and
(B) The petition states facts that demonstrate that the person’s legal rights, duties or privileges shall be specifically affected by the decision of the department in such contested case.
(2) The commissioner or his designee may grant any person status as an intervenor in a contested case if:
(A) Such person has submitted a written petition to the department and mailed copies to all parties at least five days before the date of hearing; and
(B) The petition states facts that demonstrate that the person’s participation is in the interests of justice and will not impair the orderly conduct of the proceedings.
(3) The five-day requirement in subdivisions (1) and (2) of this subsection may be waived at any time before or after commencement of the hearing by the hearing officer on a showing of good cause.
(4) If a petition is granted pursuant to subdivision (2) of this subsection, the intervenor’s participation may be limited to designated issues in accordance with the provisions of section 4-177a (d) of the Connecticut General Statutes.
(q) Final decision in a contested case.
(1) A final decision or order adverse to a party in a contested case shall be in writing or stated in the record. A written decision shall be signed and dated by the hearing officer authorized to render the decision.
(2) In a contested case where the commissioner or his designee is to render the final decision or order, the commissioner or his designee shall give due consideration to the entire record before rendering such decision or order.
(3) Parties shall be notified either personally or by mail of any decision or order. Upon request, a copy of the text of the final decision or order shall be sent by mail to each of the respondents and respondents’ counsel, and to any other party of record.
(4) If no written request was filed for the preparation of a transcript, a final decision may be rendered at any time following the close of the hearing in compliance with the provisions of this subsection. If a transcript was requested in writing, the final decision may be rendered within a reasonable time following preparation and availability of the transcript in compliance with the provisions of this subsection.
(5) The Department shall proceed with reasonable dispatch to conclude any matter pending before it and shall render a final decision in all contested cases within ninety days following the close of evidence or the due date for the filing of briefs, whichever is later, in accordance with the provisions of section 4-180 of the Connecticut General Statutes.
(r) Record and transcripts:
(1) The record in a contested case shall include:
(A) All pleadings, motions and intermediate rulings;
(B) Evidence received or considered;
(C) Questions and offers of proof, objections and rulings thereon;
(D) Any decision, opinion or report by the commissioner or his designee.
(2) Oral proceedings or any part thereof shall be transcribed on request of any party. The requesting party shall pay the cost of such transcript or part thereof.
(s) Petition for reconsideration.
(1) Any petition for reconsideration of a contested case must be filed in writing within fifteen (15) days after the personal delivery or mailing of the notice of final decision. Within forty days of the personal delivery or mailing of the final decision, the department, regardless of whether a petition for reconsideration has been filed, may decide to reconsider the final decision.
(2) Petitions for reconsideration shall be addressed to: Legal Services Division, Department of Motor Vehicles, 60 State Street, Wethersfield, Connecticut 06109-1896.
(t) Motion for stay pending appeal. A motion for stay of suspension, fine or other order pending appeal, should ordinarily be presented to the superior court. Alternatively, the motion may be presented to the commissioner, or to both the superior court and the commissioner.
(u) Judicial appeal. Unless otherwise provided by statute or regulation, appeals from final decisions of the department are governed by applicable provisions of Chapter 54 of the Connecticut General Statutes (Uniform Administrative Procedure Act).
(Added effective August 4, 1988; Amended August 28, 1991; Amended effective April 1, 1996; January 31, 2007.)
<Statutory Authority: C.G.S.A. § 14-137>
Current with material published on the CT eRegulations System through 08/18/2020.
Regs. Conn. State Agencies § 14-137-38, CT ADC § 14-137-38
(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.
(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, including the specific provisions of the general statutes or of regulations adopted by the agency upon which the agency bases 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, § 15, eff. Jan. 1, 1972; 1973, P.A. 73-620, § 17, eff. June 11, 1973; 1975, P.A. 75-529, § 3, eff. July 1, 1975; 1977, P.A. 77-452, § 46, eff. July 1, 1978; 1978, P.A. 78-280, § 5, eff. July 1, 1978; 1979, P.A. 79-631, § 23, eff. July 6, 1979; 1988, P.A. 88-230, § 1; 1988, P.A. 88-317, § 17, eff. July 1, 1989; 1990, P.A. 90-98, § 1; 1993, P.A. 93-142, § 4, eff. June 14, 1993; 1995, P.A. 95-220, § 4, eff. July 1, 1995; 2013, P.A. 13-279, § 2.)
The statutes and Constitution are current with all enactments of 2020 Regular Session and enactments of Public Acts from the 2020 July Special Session enrolled and approved by the Governor on or before July 31, 2020 and effective on or before July 31, 2020.
(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, provided such decision made after reconsideration shall be rendered not later than ninety days following the date on which the agency decides to reconsider the final decision. If the agency fails to render such decision made after reconsideration within such ninety-day period, the original final decision shall remain the final decision in the contested case for purposes of any appeal under the provisions of section 4-183.
(4) Except as otherwise provided in subdivision (3) of this subsection, an agency decision made after reconsideration pursuant to this subsection shall become the final decision in the contested case in lieu of the original final decision for purposes of any appeal under the provisions of section 4-183, including, but not limited to, an appeal of (A) any issue decided by the agency in its original final decision that was not the subject of any petition for reconsideration or the agency’s decision made after reconsideration, (B) any issue as to which reconsideration was requested but not granted, and (C) any issue that was reconsidered but not modified by the agency from the determination of such issue in the original final decision.
(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.
(1988, P.A. 88-317, § 21; 1989, P.A. 89-174, § 4, eff. July 1, 1989; 2006, P.A. 06-32, § 1.)
(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.
(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) (1) 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, or (2) within forty-five days after the agency denies a petition for reconsideration of the final decision pursuant to subdivision (1) of subsection (a) of section 4-181a, or (3) within forty-five days after mailing of the final decision made after reconsideration pursuant to subdivisions (3) and (4) of subsection (a) of section 4-181a or, if there is no mailing, within forty-five days after personal delivery of the final decision made after reconsideration pursuant to said subdivisions, or (4) within forty-five days after the expiration of the ninety-day period required under subdivision (3) of subsection (a) of section 4-181a if the agency decides to reconsider the final decision and fails to render a decision made after reconsideration within such period, whichever is applicable and is later, 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 United States mail, certified or registered, postage prepaid, return receipt requested, without the use of a state marshal or other officer, or by 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, § 18, eff. Jan. 1, 1972; 1973, P.A. 73-620, §§ 12 to 14, 18, eff. June 11, 1973; 1976, P.A. 76-436, § 252, eff. July 1, 1978; 1977, P.A. 77-603, § 1, eff. July 1, 1977; 1978, P.A. 78-280, § 10, eff. July 1, 1978; 1979, P.A. 79-163; 1984, P.A. 84-43, § 1; 1988, P.A. 88-230, § 1; 1988, P.A. 88-317, § 23, eff. July 1, 1989; 1990, P.A. 90-98, § 1; 1993 P.A. 93-142, § 4, eff. June 14, 1993; 1995, P.A. 95-220, § 4, eff. July 1, 1995; 1999, P.A. 99-39; 1999, P.A. 99-215, § 24, eff. June 29, 1999; 2000, P.A. 00-99, § 20, eff. Dec. 1, 2000; 2006, P.A. 06-32, § 2.)
The statutes and Constitution are current with all enactments of 2020 Regular Session and enactments of Public Acts from the 2020 July Special Session enrolled and approved by the Governor on or before July 31, 2020 and effective on or before July 31, 2020.
(b) Appeals from the employment security board of review shall follow the procedure set forth in chapter 22 of these rules.
(c) Workers’ compensation appeals taken to the appellate court shall follow the procedure set forth in the Rules of Appellate procedure.
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