reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 53 - Claims Against the State › Section 4-160b. - Subrogated or assigned claims. Reduction by amount of third party payment.

(a) The Office of the Claims Commissioner shall not accept or pay any subrogated claim or any claim directly or indirectly paid by or assigned to a third party.
(b) Any payment of claim made by the Office of the Claims Commissioner shall be reduced by the amount received by the claimant from any other source for such claim.
(P.A. 75-605, S. 18, 27; P.A. 16-127, S. 20.)
History: P.A. 16-127 substituted “Office of the Claims Commissioner” for “Claims Commissioner”, effective June 9, 2016.
Cited. 186 C. 300; 195 C. 534.
Subsec. (a):
Applies only to subrogated or assigned claims and not to payments by joint tortfeasors. 342 C. 226.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 53 - Claims Against the State › Section 4-161. - Statement of claimant denying payment of commission or use of improper influence required.

Before payment of a judgment or order, the Comptroller shall require the claimant to certify on oath that no commission, discount, bonus, reward or present of any kind was promised or was given to or was received or is expected by any state officer or employee or any member of the General Assembly in respect to his claim and that to the best of his knowledge and belief no state officer or employee and no member of the General Assembly used, offered to use or attempted to use his office or position to influence the decision on such claim.
(1959, P.A. 685, S. 14.)
Cited. 186 C. 300.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 53 - Claims Against the State › Section 4-162. - Deficiency appropriation to cover payments.

If any appropriation made by the General Assembly for the payment of claims is insufficient for such purpose, the Governor, with the advice and consent of the Finance Advisory Committee, may add to such appropriation from the unappropriated resources of the fund from which the appropriation was made, the amounts estimated to be required to make up the deficiency.
(1959, P.A. 685, S. 15; 1967, P.A. 466.)
History: 1967 act replaced “general fund” with “fund from which the appropriation was made”.
Cited. 186 C. 300.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 53 - Claims Against the State › Section 4-163. - Fraud in presentation of claim.

(a) Any claimant who practices or attempts to practice fraud upon the state in the statement, proof or allowance of a claim shall forfeit such claim to the state. The tribunal before which such claim is pending shall specially find such fraud and it shall enter its judgment or order of forfeiture.
(b) Any person who knowingly presents or attempts to present and any person who knowingly participates in the preparation, presentation or allowance of a false or fraudulent claim shall be fined not more than two hundred dollars or imprisoned not more than six months or both. Any state officer or employee so convicted shall be subject to removal from his office or employment.
(1959, P.A. 685, S. 24.)
Cited. 186 C. 300.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 53 - Claims Against the State › Section 4-164. - Appeal from forfeiture.

(a) Any claimant aggrieved by an order of forfeiture of the Office of the Claims Commissioner made pursuant to subsection (a) of section 4-163 may appeal such order to the superior court for the judicial district in which he or she resides or, if he or she is not a resident of this state, to the superior court for the judicial district of New Britain.
(b) The action of the Office of the Claims Commissioner in approving or rejecting payment of any claim or part thereof shall be final and conclusive on all questions of law and fact and shall not be subject to review except by the General Assembly.
(1959, P.A. 685, S. 22; 1961, P.A. 476, S. 9; P.A. 75-605, S. 19, 27; P.A. 76-436, S. 250, 681; P.A. 78-280, S. 1, 2, 5, 127; P.A. 82-167, S. 6, 7; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4–6; P.A. 99-215, S. 24, 29; P.A. 16-127, S. 21.)
History: 1961 act restated and clarified Subsec. (b); P.A. 75-605 replaced commission with claims commissioner; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 78-280 deleted the words “county or” in the phrase “county or judicial district” and replaced “Hartford county” with “the judicial district of Hartford-New Britain”; P.A. 82-167 amended Subsec. (b) to provide that only review is by the general assembly; P.A. 88-230 replaced “judicial district of Hartford-New Britain” with “judicial district of Hartford”, effective September 1, 1991; 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. 99-215 replaced “judicial district of Hartford” with “judicial district of New Britain” in Subsec. (a), effective June 29, 1999; P.A. 16-127 amended Subsec. (a) by making technical changes and amended Subsecs. (a) and (b) by substituting “Office of the Claims Commissioner” for “Claims Commissioner”, effective June 9, 2016.
Cited. 186 C. 300; 195 C. 534. P.A. 82-167, Sec. 6 of which amended this section, should be read as clarification of Superior Court's ongoing lack of jurisdiction to hear appeals from Claims Commissioner. 195 C. 534. Cited. 204 C. 259.
Cited. 44 CS 297.
Subsec. (b):
Not repealed by Ch. 54 or Sec. 4-189; does not bar appeal from decision of claims commission in violation of constitutional or statutory provisions, in excess of statutory authority or made upon unlawful procedure, and such appeals are governed by Ch. 54. 172 C. 603. Cited. 211 C. 199.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 53 - Claims Against the State › Section 4-164a. - Office of the Claims Commissioner exempt from certain provisions of the Uniform Administrative Procedure Act.

The Office of the Claims Commissioner is exempt from the provisions of sections 4-176e to 4-183, inclusive.
(P.A. 82-167, S. 1, 7; P.A. 88-317, S. 47, 107; P.A. 16-127, S. 22.)
History: P.A. 88-317 amended reference to Secs. 4-177 to 4-183 to include new sections added to Ch. 54, effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A. 16-127 substituted “Office of the Claims Commissioner” for “Claims Commissioner”, effective June 9, 2016.
Cited. 186 C. 300. P.A. 82-167, Sec. 1 of which became this section, should be read as a clarification of Superior Court's ongoing lack of jurisdiction to hear appeals from Claims Commissioner. 195 C. 534. Cited. 204 C. 259; 212 C. 415.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 53 - Claims Against the State › Section 4-165b. - Claims against the state by inmates.

(a) Any inmate, as defined in section 18-84, who suffers an injury may file a claim against the state. Such claim shall be heard and decided in accordance with the provisions of this chapter, provided no such claim shall be presented to the Office of the Claims Commissioner until the inmate has exhausted all administrative remedies provided by the Department of Correction. Notwithstanding the provisions of this subsection, the legal representative of the estate of an inmate may present to the Office of the Claims Commissioner a claim against the state prior to having exhausted any administrative remedy provided by the Department of Correction.
(b) In addition to the information required by section 4-147, an inmate's notice of claim shall include a description of the administrative remedies that have been exhausted. An inmate shall present such claim to the Office of the Claims Commissioner not later than one year after the date on which the inmate exhausted all administrative remedies.
(c) The Claims Commissioner may not grant a waiver of the filing fee prescribed in section 4-147 to an inmate when, on three or more prior occasions, the inmate filed with the Office of the Claims Commissioner a claim that was dismissed on grounds that it was frivolous, duplicative, malicious or otherwise failed to state a claim upon which relief could be granted.
(P.A. 76-136, S. 1, 2, 4; P.A. 93-91, S. 1, 2.; P.A. 02-89, S. 6; P.A. 16-127, S. 23.)
History: P.A. 93-91 substituted department of children and families for department of children and youth services, effective July 1, 1993; P.A. 02-89 deleted as obsolete former Subsec. (b) requiring that all matters pending on May 3, 1976, before a committee established pursuant to Sec. 18-95 be construed as pending with the same status with the claims commissioner on said date, and made a technical change; P.A. 16-127 designated existing provision re inmate who suffers injury as Subsec. (a) and substantially revised same to provide that inmate may file claim against the state after exhausting administrative remedies provided by Department of Correction, added Subsec. (b) re required information to be included in inmate's notice of claim and time period for presenting claim and added Subsec. (c) re limitation on Claims Commissioner's authority to grant waiver of filing fee to an inmate, effective June 9, 2016.
Cited. 186 C. 300; 212 C. 415.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 53 - Claims Against the State › Section 4-165c. - Immunity of the state and its officials, employees and agents from certain actions.

No cause of action or liability shall arise against the state, any of its agencies or subdivisions, or any state official, employee or agent, for failure to comply with the provisions of section 4-67y, 8-359b, 10-215h, 17b-4a, 17b-112i, 17b-790b or 19a-59g.
(P.A. 10-133, S. 12; P.A. 11-18, S. 2; P.A. 17-13, S. 2.)
History: P.A. 10-133 effective June 8, 2010; P.A. 11-18 deleted reference to Sec. 17b-749
l
, effective May 24, 2011; P.A. 17-13 deleted reference to Sec. 17b-112j, effective July 1, 2017.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 54 - Uniform Administrative Procedure Act › Section 4-168c. - Posting of proposed regulations and regulation-making record prior to certification date.

Prior to the certification date, any provision of the general statutes that requires the posting of a proposed regulation or the regulation-making record associated with a proposed regulation on the eRegulations System shall be construed to require the agency to post such regulation or record on the agency's Internet web site and the Secretary of the State to post a link to such regulation or record on the Internet web site of the Secretary of the State.
(P.A. 14-187, S. 53.)
History: P.A. 14-187 effective June 11, 2014.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 54 - Uniform Administrative Procedure Act › Section 4-168d. - Register of regulatory activity.

The Secretary of the State may, in the Secretary's discretion and within available appropriations, periodically publish a register of regulatory activity. The content of the register may include, but shall not be limited to, the text of notices of intent to adopt regulations posted on the eRegulations System. If produced in electronic format, the register shall be posted on the eRegulations System. If produced as a print publication, the fee for furnishing copies of the register shall be such as will, in the judgment of the Secretary, cover the printing and mailing costs for the register. The Secretary may provide a sufficient number of printed registers free of charge to the Connecticut State Library for distribution to the depository library system provided for in section 11-9c and to the Chief Court Administrator for distribution to the system of law libraries established by section 11-19a.
(P.A. 14-187, S. 9.)
History: P.A. 14-187 effective June 11, 2014.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 54 - Uniform Administrative Procedure Act › Section 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:
(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.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 54 - Uniform Administrative Procedure Act › Section 4-173a. - Posting of implemented policies and procedures online.

Section 4-173a is repealed, effective June 19, 2013.
(P.A. 12-92, S. 11; P.A. 13-247, S. 388; 13-274, S. 12.)
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 54 - Uniform Administrative Procedure Act › Section 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.
(1971, P.A. 854, S. 9.)
Cited. 169 C. 344; 171 C. 691; 172 C. 263; 173 C. 462; 179 C. 111; 186 C. 153; 191 C. 173; 239 C. 32. Section not intended to grant right to petition for regulations to persons who have no specific, legally protectible interest that would be, or potentially could be, affected by the regulations. 278 C. 197.
Cited. 1 CA 1.
Cited. 32 CS 300.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 54 - Uniform Administrative Procedure Act › Section 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.
(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; 226 C. 105; 239 C. 32.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 54 - Uniform Administrative Procedure Act › Section 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.
(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; 234 C. 624; 239 C. 32.
Cited. 30 CA 85; 35 CA 455; 37 CA 653; judgment reversed, see 238 C. 361.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 54 - Uniform Administrative Procedure Act › Section 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.
(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; judgment reversed, see 238 C. 361.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 54 - Uniform Administrative Procedure Act › Section 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.
(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; 226 C. 105; 239 C. 32.
Cited. 37 CA 653; judgment reversed, see 238 C. 361.
Cited. 44 CS 21.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 54 - Uniform Administrative Procedure Act › Section 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.
(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; 239 C. 32.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 54 - Uniform Administrative Procedure Act › Section 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.
(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, including the specific provisions of the general statutes or of regulations adopted by the agency upon which the agency bases its findings.
(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; P.A. 13-279, S. 1.)
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; P.A. 13-279 amended Subsec. (b) by adding “, including the specific provisions of the general statutes or of regulations adopted by the agency upon which the agency bases its findings”.
Cited. 171 C. 691; 172 C. 263; 173 C. 462; 186 C. 153; 191 C. 173; 207 C. 346; 219 C. 168; 220 C. 86; 228 C. 651; 231 C. 308; 233 C. 296; 234 C. 312; 239 C. 32.
Cited. 1 CA 1; 9 CA 622; 15 CA 205; 34 CA 343; 45 CA 476. Plaintiffs' failure to file exceptions or present oral argument pursuant to section was not tantamount to failing to challenge the proposed decision and thus plaintiffs were not barred from raising their claims on appeal. 144 CA 337.
Cited. 42 CS 413; 43 CS 457.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 54 - Uniform Administrative Procedure Act › Section 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.
(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. 233 C. 486; 239 C. 32.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 54 - Uniform Administrative Procedure Act › Section 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.
(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; Id., 691; 172 C. 263; 173 C. 462; 186 C. 153. Freedom of information commission was not an aggrieved party and therefore was not eligible to appeal. 191 C. 173. Cited. 192 C. 234; 202 C. 405; 204 C. 672; 208 C. 187; 210 C. 597; 216 C. 253.
Cited. 1 CA 1; 17 CA 429; 18 CA 13; 19 CA 489; 30 CA 720; 37 CA 694; 42 CA 519; 45 CA 476.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 54 - Uniform Administrative Procedure Act › Section 4-184a. - Award of reasonable fees and expenses to certain prevailing parties in appeals of agency decisions.

(a) For the purposes of this section:
(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 Subsec. (a)(1)(D), 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 30 days of the issuance of the court's decision.
Cited. 204 C. 17; Id., 672; 214 C. 505; 216 C. 85; 237 C. 28.
Cited. 18 CA 13; 30 CA 720; 38 CA 506; 43 CA 39; 45 CA 543.
Subsec. (b):
Cited. 240 C. 141. Agency action must be entirely unreasonable or without any reasonable basis in law or fact. 249 C. 693. Department of Social Services' actions were not entirely unreasonable where department made a good faith interpretation of the legislative mandate to minimize financial risk to Medicaid program. 258 C. 642.
Cited. 26 CA 326; 41 CA 866. Agency's action must be entirely unreasonable or without any reasonable basis in law or fact to prevail. 51 CA 96. Trial court abused discretion in not awarding attorneys' fees under section because agency had no fewer than three opportunities to take appropriate action and thus there was no substantial justification for its failure to act. 75 CA 142.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 54 - Uniform Administrative Procedure Act › Section 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.
(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; 171 C. 691; 172 C. 263. Claims commission not exempt; exclusions of Governor, Lieutenant-Governor and Attorney General from definition of “agency” constitute exemptions from chapter. Id., 603. Cited. 173 C. 352; Id., 462; 183 C. 76; 186 C. 153; 188 C. 90; 191 C. 173; 193 C. 379; 195 C. 534; 204 C. 259; Id., 672; 211 C. 508; 213 C. 184; 217 C. 130; Id., 143; 220 C. 192; Id., 516; 221 C. 482; 223 C. 573.
Cited. 1 CA 1; 18 CA 13; 28 CA 435; 30 CA 720.
Subsec. (b):
The legislature did not intend to restrict judicial review of the Psychiatric Security Review Board's declaratory rulings re the validity of its regulations. 291 C. 307.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 54 - Uniform Administrative Procedure Act › Section 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.
(1972, P.A. 293, S. 2, 3; P.A. 75-557; P.A. 88-317, S. 106, 107.)
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 54 - Uniform Administrative Procedure Act › Section 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.
(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. Cited. 183 C. 76; 186 C. 153; 191 C. 173; 204 C. 672.
Cited. 1 CA 1; 2 CA 196; 18 CA 13; 30 CA 720.
State system of higher education exempted from chapter. 32 CS 153.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 54 - Uniform Administrative Procedure Act › Section 4-189. - Repeal of inconsistent provisions.

Any provisions in the general statutes that are inconsistent with the provisions of this chapter are repealed, provided nothing contained in this chapter shall be deemed to repeal provisions in the general statutes that provide for the confidentiality of records.
(P.A. 73-620, S. 15, 19; P.A. 88-317, S. 96, 107.)
History: P.A. 88-317 substituted “chapter” for “section” in the “provided” clause, effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date.
Cited. 168 C. 435; Id., 504; 172 C. 263. Section has no more force than doctrine of repeal by implication; does note repeal Sec. 4-164(b). Id., 603. Cited. 173 C. 352; 181 C. 69; 186 C. 153; 191 C. 173; 204 C. 672; 232 C. 181.
Cited. 1 CA 1; 18 CA 13; 30 CA 720.
Secs. 16-35 to 16-39, inclusive, not repealed by this section. 31 CS 65. Cited. 38 CS 24; 41 CS 271.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 54a - Agency Regulations: General Provisions › Section 4-189h. - Definitions.

As used in this section and section 4-189i:
(1) “Agency” has the same meaning as provided in section 4-166;
(2) “Regulation” has the same meaning as provided in section 4-166;
(3) “Existing regulation” means a regulation that was adopted by an agency no later than one year prior to the scheduled date of review, as provided in subsection (b) of section 4-189i;
(4) “Regulation review committee” means the standing legislative regulation review committee established under section 4-170;
(5) “Committee of cognizance” means the legislative committee of the General Assembly having cognizance of the subject matter of a regulation.
(P.A. 95-83, S. 1; P.A. 14-122, S. 67.)
History: P.A. 14-122 made technical changes in Subdivs. (1) and (2).
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 54a - Agency Regulations: General Provisions › Section 4-189j. - Increases in fees set in regulations.

Notwithstanding any provision of the general statutes or any regulation of Connecticut state agencies to the contrary, on and after October 1, 2009, each fee in effect pursuant to regulations adopted pursuant to any section of the general statutes that is (1) one thousand dollars or more shall be increased by two hundred fifty dollars, (2) one hundred fifty dollars or more, but less than one thousand dollars, shall be increased by twenty-five per cent and rounded up to the next whole five-dollar increment, and (3) less than one hundred fifty dollars shall be doubled.
(June Sp. Sess. P.A. 09-3, S. 391.)
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55 - Personal Data › Section 4-190. - Definitions.

As used in this chapter:
(1) “Agency” means each state or municipal board, commission, department or officer, other than the legislature, courts, Governor, Lieutenant Governor, Attorney General or town or regional boards of education, which maintains a personal data system.
(2) “Attorney” means an attorney at law empowered by a person to assert the confidentiality of or right of access to personal data under this chapter.
(3) “Authorized representative” means a parent, or a guardian or conservator, other than an attorney, appointed to act on behalf of a person and empowered by such person to assert the confidentiality of or right of access to personal data under this chapter.
(4) “Automated personal data system” means a personal data system in which data is stored, in whole or part, in a computer or in computer accessible files.
(5) “Computer accessible files” means any personal data which is stored on-line or off-line, which can be identified by use of electronic means, including but not limited to microfilm and microfilm devices, which includes but is not limited to magnetic tape, magnetic film, magnetic disks, magnetic drums, internal memory utilized by any processing device, including computers or telecommunications control units, punched cards, optically scanable paper or film.
(6) “Maintain” means collect, maintain, use or disseminate.
(7) “Manual personal data system” means a personal data system other than an automated personal data system.
(8) “Person” means an individual of any age concerning whom personal data is maintained in a personal data system, or a person's attorney or authorized representative.
(9) “Personal data” means any information about a person's education, finances, medical or emotional condition or history, employment or business history, family or personal relationships, reputation or character which because of name, identifying number, mark or description can be readily associated with a particular person. “Personal data” shall not be construed to make available to a person any record described in subdivision (3) or (18) of subsection (b) of section 1-210.
(10) “Personal data system” means a collection of records containing personal data.
(11) “Record” means any collection of personal data, defined in subdivision (9), which is collected, maintained or disseminated.
(P.A. 76-421, S. 1, 9; P.A. 77-431, S. 1, 2, 5, 6; P.A. 78-200, S. 2; P.A. 79-631, S. 5, 111; P.A. 84-380, S. 1; P.A. 21-85, S. 4.)
History: P.A. 77-431 redefined “computer accessible files” and added Subsec. (k) defining “record”, effective January 1, 1978; P.A. 78-200 deleted criminal history from consideration as “personal data” in Subsec. (i); P.A. 79-631 changed reference to Sec. 1-19(b)(2) to Sec. 1-19(b)(3) in Subsec. (i); P.A. 84-380 amended definition of “agency” to make chapter applicable to municipal agencies; P.A. 21-85 added reference to Sec. 1-210(b)(18) in Subdiv. (9).
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55 - Personal Data › Section 4-191 and 4-192. - Disclosure of personal data prohibited. When personal data may be disclosed without permission.

Sections 4-191 and 4-192 are repealed.
(P.A. 76-421, S. 2, 3, 9; P.A. 77-431, S. 5, 6; P.A. 78-362, S. 2, 3; P.A. 79-538, S. 2.)
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55 - Personal Data › Section 4-194. - Refusal to disclose. Medical doctor to review data. Judicial relief.

(a) If an agency determines that disclosure to a person of medical, psychiatric or psychological data concerning him would be detrimental to that person, or that nondisclosure to a person of personal data concerning him is otherwise permitted or required by law, the agency may refuse to disclose that personal data, and shall refuse disclosure where required by law. In either case, the agency shall advise that person of his right to seek judicial relief.
(b) If an agency refuses to disclose personal data to a person and the nondisclosure is not mandated by law, the agency shall, at the written request of such person, permit a qualified medical doctor to review the personal data contained in the person's record to determine if the personal data should be disclosed. If disclosure is recommended by the person's medical doctor, the agency shall disclose the personal data to such person; if nondisclosure is recommended by such person's medical doctor, the agency shall not disclose the personal data and shall inform such person of the judicial relief provided under section 4-195.
(P.A. 76-421, S. 5, 9; P.A. 77-431, S. 4, 5, 6.)
History: P.A. 77-431 added Subsec. (b) regarding review of personal data by doctor in disclosure decisions, effective January 1, 1978.
Cited. 186 C. 153.
Cited. 30 CA 794.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55 - Personal Data › Section 4-195. - Petition to court for failure to disclose.

If disclosure of personal data is refused by an agency under section 4-194, any person aggrieved thereby may, within thirty days of such refusal, petition the superior court for the judicial district in which he resides for an order requiring the agency to disclose the personal data. Such a proceeding shall be privileged with respect to assignment for trial. The court, after hearing and an in camera review of the personal data in question, shall issue the order requested unless it determines that such disclosure would be detrimental to the person or is otherwise prohibited by law.
(P.A. 76-421, S. 6, 9; P.A. 77-431, S. 5, 6; 77-452, S. 47, 72; P.A. 82-472, S. 8, 183.)
History: P.A. 77-431 changed effective date of section from July 1, 1977, to January 1, 1978; P.A. 77-452 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 82-472 deleted obsolete reference to county as venue for superior court.
Proceeding under section not subject to restrictions imposed by Sec. 51-197b. 186 C. 153.
Cited. 30 CA 794.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55 - Personal Data › Section 4-196. - Agencies to adopt regulations conforming to Attorney General's standards.

(a) Each state agency shall, within six months of July 1, 1977, adopt regulations pursuant to chapter 54 which describe:
(1) The general nature and purpose of the agency's personal data systems;
(2) The categories of personal and other data kept in the agency's personal data systems;
(3) The agency's procedures regarding the maintenance of personal data;
(4) The uses to be made of the personal data maintained by the agency.
(b) The Attorney General shall adopt uniform standards for regulations adopted pursuant to subsection (a) of this section. After such standards are adopted and distributed to state agencies by the Attorney General but not later than six months after October 1, 1984, each state agency shall review such regulations to determine whether they conform to such standards. Regulations which do not so conform shall be amended in accordance with the provisions of chapter 54. Notwithstanding the provisions of section 4-169, the Attorney General may disapprove any regulation submitted for his approval under said section, which fails to conform to such standards.
(P.A. 76-421, S. 7, 9; 77-431, S. 5, 6; P.A. 84-380, S. 2.)
History: P.A. 77-431 changed effective date of section from July 1, 1977, to June 14, 1977; P.A. 84-380 added requirement that attorney general adopt standards for regulations and review state agency regulations for conformity as Subsec. (b) and applied previous provisions to state agencies only.
Cited. 186 C. 153.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55 - Personal Data › Section 4-197. - Action against agency for violation of chapter.

Any agency which violates any provision of this chapter shall be subject to an action by any aggrieved person for injunction, declaratory judgment, mandamus or a civil action for damages. Such action may be brought in the superior court for the judicial district of Hartford, or for the judicial district in which the person resides. Actions for injunction, declaratory judgment or mandamus under this section may be prosecuted by any aggrieved person or by the Attorney General in the name of the state upon his own complaint or upon the complaint of any individual. Any aggrieved person who prevails in an action under this section shall be entitled to recover court costs and reasonable attorney's fees. An action under this section shall be privileged with respect to assignment for trial.
(P.A. 76-421, S. 8, 9; 77-431, S. 5, 6; P.A. 78-280, S. 6, 127; P.A. 88-230, S. 1, 12; 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. 77-431 changed effective date of section from July 1, 1977, to January 1, 1978; P.A. 78-280 replaced “Hartford county” with “the judicial district of Hartford-New Britain”; P.A. 88-230 replaced “judicial district of Hartford-New Britain” with “judicial district of Hartford”, effective September 1, 1991; 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. 183 C. 85; 186 C. 153.
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55a - Consultants and Personal Service Agreements › Section 4-205. - Definitions.

Section 4-205 is repealed, effective October 1, 2000.
(P.A. 89-122, S. 1, 8; P.A. 96-235, S. 6, 19; P.A. 00-66, S. 32.)
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55a - Consultants and Personal Service Agreements › Section 4-206 to 4-209. - Secretary of Office of Policy and Management to establish standards. Written procedures by state agencies for implementing standards. Requests for proposals; screening committee; selection of consultant; waiver required for noncompetitive procurement.

Sections 4-206 to 4-209, inclusive, are repealed, effective July 1, 1994.
(P.A. 89-122, S. 2–5, 8; P.A. 93-336, S. 12, 13.)
2023 Connecticut General Statutes › Title 4 - Management of State Agencies › Chapter 55a - Consultants and Personal Service Agreements › Section 4-210 and 4-211. - State agency reports on awarded contracts and needs for consultant services; coordination by secretary. State agency reports on completed contracts; compilation; performance evaluations.

Sections 4-210 and 4-211 are repealed, effective October 1, 2000.
(P.A. 89-122, S. 6–8; P.A. 93-336, S. 10, 11, 13; P.A. 97-47, S. 42; P.A. 00-66, S. 32.)