reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-236a. - Eligibility of apprentice unemployed due to labor dispute.

Notwithstanding any provision contained in section 31-236, no apprentice duly registered as such with the state who is unemployed due to a labor dispute between his employer and journeymen who are engaged in the same craft or trade as the apprentice shall be disqualified from receiving benefits under this chapter if he is available for work, and he shall not be participating in or financing or directly interested in the labor dispute or belong to a trade, class or organization of workers, members of which, immediately before the commencement of the labor dispute, were employed at the premises at which the labor dispute occurred and are participating in or financing or directly interested in the labor dispute.
(1969, P.A. 778, S. 1.)
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-236b. - Eligibility for benefits not impaired by reason of participation in training with commissioner's approval. Approval of programs.

(a) Notwithstanding any other provisions in this chapter, an otherwise eligible individual shall not be denied benefits for any week because he is in training with the approval of the administrator by reason of the application of subdivision (2) of subsection (a) of section 31-235 relating to availability for work, or the provisions of subdivision (1) of subsection (a) of section 31-236 relating to failure to apply for, or a refusal to accept, suitable work.
(b) The administrator shall adopt regulations, in accordance with the provisions of chapter 54, which establish the guidelines to be used by the administrator in determining which job training programs, job retraining programs and claimants shall be approved for the purposes of this section. Any such program sponsored by (1) any federal, state or municipal department, (2) any labor organization, or (3) any private employer shall be approved upon meeting the requirements of such guidelines.
(1971, P.A. 835, S. 21; P.A. 83-470, S. 2, 3; P.A. 05-288, S. 138.)
History: P.A. 83-470 added Subsec. (b) requiring the administrator to adopt regulations establishing guidelines for the approval of job training and retraining programs and claimants for the purposes of this section; (Revisor's note: In 1991 the reference in Subsec. (a) to “subsection (1)” was changed editorially by the Revisors to read “subsection (a)(1)”); P.A. 05-288 made technical changes in Subsec. (a), effective July 13, 2005.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-236d. - Eligibility of individual in training approved under the Trade Act of 1974.

Notwithstanding any other provision of this chapter, an otherwise eligible individual shall not be denied unemployment compensation benefits for any week because he is in training approved under Section 236(a)(1) of the Trade Act of 1974, nor shall such individual be denied benefits because of leaving work to enter such training, provided the work left is not suitable work, or because of the application to any such week in training of provisions in this chapter or any applicable federal unemployment compensation law relating to availability for work, active search for work, or refusal to accept work. For purposes of this section, “suitable work” means, with respect to an individual, work of a substantially equal or higher skill level than the individual's past adversely affected employment, as defined for purposes of the Trade Act of 1974, and wages for such work at not less than eighty per cent of the individual's average weekly wage as determined for purposes of the Trade Act of 1974.
(P.A. 82-361, S. 6.)
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-236e. - Basis for determination of eligibility. Regulations.

(a) For any claim filed on or after July 1, 1986, the determination of a claimant's eligibility for unemployment compensation benefits shall be based solely on the provisions of this chapter and any regulations adopted pursuant thereto. Labor Department policy letters shall not be used in any such determination.
(b) On or before July 1, 1986, the Labor Commissioner shall adopt regulations, in accordance with the provisions of chapter 54, which establish all necessary criteria for the determination of a claimant's eligibility for unemployment compensation benefits.
(P.A. 85-176.)
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-236f. - Information re the availability of unemployment compensation benefits. Procedure.

The administrator, as defined in section 31-232b, in consultation with the advisory board established pursuant to section 31-250a, shall develop and implement a procedure or program to insure that an employee, at the time of termination by an employer, receives adequate information regarding the availability of unemployment compensation benefits under chapter 567 and the procedure required for making a claim for such benefits.
(P.A. 95-323, S. 6, 8.)
History: P.A. 95-323, S. 6 effective October 1, 1995, and applicable to any separation of employment occurring on or after that date.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-237a. - Definitions.

As used in this chapter, unless the context clearly indicates otherwise:
(a) “Board” means the Employment Security Board of Review;
(b) “Appeals division” means the Employment Security Appeals Division consisting of the board members, the referees employed in the referee section and all other supporting staff members employed in that division for discharge of its responsibilities as set forth in this chapter;
(c) “Referee” means an employment security appeals referee;
(d) “Chief referee” means the chief referee of the referee section;
(e) “Referee section” means the organizational unit consisting of the employment security appeals referees employed in the appeals division and all other supporting staff members employed in that division for discharge of the responsibilities assigned to referees in accordance with this chapter;
(f) “Staff assistant” means the staff assistant to the Employment Security Board of Review; and
(g) “Records” means the official records, files and data maintained by the Employment Security Division.
(P.A. 74-339, S. 1, 36; P.A. 83-570, S. 7, 17; P.A. 16-169, S. 3.)
History: P.A. 83-570 added Subdiv. (f) defining “staff assistant”; P.A. 16-169 added Subdiv. (g) defining “records”.
Secs. 31-237a to 31-238 cited re their effect on the speed and fairness of the resolution of contested claims. 175 C. 269. Cited. 192 C. 104.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-237b. - Employment Security Appeals Division established.

There shall be an appeals division which shall constitute the employment security administrative appellate system. The referee section shall be subject to the board's administrative direction, supervision and control.
(P.A. 74-339, S. 2, 36.)
Cited. 172 C. 492; 181 C. 1; 192 C. 104.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-237c. - Employment Security Board of Review. Appointment of members, chairman, alternate members.

(a) The board shall consist of three members appointed by the Governor, one of whom shall be designated by the Governor as chairperson of the board of review. Notwithstanding the provisions of subdivision (4) of section 5-198, such chairperson shall be in the classified service and shall devote full time to the duties of the office. Such chairperson shall be chosen by the Governor from a list of names submitted to the Governor by the Commissioner of Administrative Services pursuant to the provisions of subsection (d) of section 5-228. The other two members appointed to serve during the appointing Governor's term of office shall be a representative of employers and a representative of employees and shall devote full time to the duties of their offices. The members of the board representing employers and employees shall be selected as such representatives based upon previous vocation, employment or affiliation. A member of the board may be removed by the Governor for cause.
(b) The Governor shall have the authority to appoint one or more alternate members to the board. Alternate members shall have the power to complete any matter pending at the expiration of the terms for which they were appointed. Alternate members of the board shall serve at any time when so delegated by the Governor and the board and while so serving shall have all the powers of members of the board. Whenever an alternate member serves in place of a member of the board, he shall represent the same interest as the member in whose place he serves and shall be selected as such representative based upon previous vocation, employment or affiliation. The board may, at its option, require alternate members to sit with it in the fulfillment of any function of the board. Any alternate member shall receive one hundred fifty dollars in lieu of expenses for each day during which he performs the duties of a member of the board.
(P.A. 74-339, S. 3, 34, 36; P.A. 77-614, S. 482, 610; P.A. 83-570, S. 8, 17; P.A. 87-468, S. 1, 4; P.A. 12-205, S. 19; P.A. 22-67, S. 7.)
History: P.A. 77-614 replaced personnel commissioner with commissioner of administrative services, deleted provision setting expiration of terms at first day of March in year when term of appointing governor expires and made other minor wording changes, effective January 1, 1979; P.A. 83-570 added requirement that members devote full time to their duties and eliminated an obsolete provision concerning the timing of the first appointments to the board; P.A. 87-468 added Subsec. (b), granting the governor the authority to appoint alternate members to the board, establishing their powers and purposes, and providing for per diem payments of $150 for them; P.A. 12-205 made a technical change in Subsec. (a), effective July 1, 2012; P.A. 22-67 made technical changes in Subsec. (a), effective May 23, 2022.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-237d. - Executive head of appeals division, delegation of his authority. Hearing of appeals to board.

(a) The chairperson of the board shall be the executive head of the appeals division. The chairperson may delegate to any person employed in the appeals division such authority as the chairperson deems reasonable and proper for the effective administration of the division's responsibilities.
(b) In any appeal to the board the board or any of its members may hear the appeal, except that the full board shall hear and decide cases requiring the application of subdivision (3) of subsection (a) of section 31-236 and cases in which a party has specifically requested in writing a hearing by the full board, provided the decision on all appeals shall be by a majority vote of the full board. The board shall approve or reject, by a majority vote, each request for a hearing before the full board in accordance with the criteria for granting such requests established in regulations adopted pursuant to section 31-237g. In any case before the board, the board may delegate to a referee or other qualified employee of the appeals division the taking or hearing of evidence.
(P.A. 74-339, S. 4, 36; P.A. 79-100; P.A. 83-570, S. 9, 17; P.A. 88-53, S. 1; P.A. 22-37, S. 15; 22-67, S. 8.)
History: P.A. 79-100 transferred responsibility for hearing appeals from chairman to board or any number and specified that decisions must be made by a majority vote of the full board; P.A. 83-570 required board to approve or reject each request for a hearing before the full board by a majority vote; P.A. 88-53 amended Subsec. (b) to authorize the board to delegate to a qualified employee of the appeals division the taking or hearing of evidence; (Revisor's note: In 1991 the reference in Subsec. (b) to “subsection (3)” was changed editorially by the Revisors to read “subsection (a)(3)”); P.A. 22-37 made a technical change in Subsec. (b) ; P.A. 22-67 made technical changes in Subsec. (a), effective May 23, 2022.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-237e. - Employment Security Appeals Division personnel, payment, appointment.

(a) The members of the board, the chief referee and the referees of the state shall each be paid from the Employment Security Administration Fund a salary to be determined by the Commissioner of Administrative Services pursuant to section 4-40, provided the chief referee shall receive a salary greater than the salary paid to a referee and the chairperson of the board shall receive a salary greater than the salary paid to the chief referee. Expenses incurred in the discharge of their duties of office by the chairperson and members of the board, the chief referee, and the referees shall be reimbursed in accordance with regulations established for state employees by the Commissioner of Administrative Services.
(b) Subject to the provisions of chapter 67, the board may appoint such employees in the appeals division as it deems necessary to carry out its responsibilities under this chapter, provided the board shall appoint a staff assistant. The staff assistant shall be qualified, by reason of training, education and experience, to carry out the duties of the position, which include, but are not limited to, performing legal research for the board, advising referees on legal matters relating to procedural and substantive problems of hearings and appeals, assisting the board chairperson in preparing legislative amendments to unemployment compensation law pertaining to appellate matters, serving as acting chairperson of the board in the chairperson's absence, and other related duties as required.
(P.A. 74-339, S. 6, 12, 36; P.A. 77-614, S. 67, 70, 610; P.A. 83-570, S. 10, 17; P.A. 22-67, S. 9.)
History: P.A. 77-614 replaced personnel policy board and commissioner of finance and control with commissioner of administrative services; P.A. 83-570 amended section to provide for salary for members in lieu of per diem payments and to establish the position of staff assistant and specify his duties; P.A. 22-67 made technical changes, effective May 23, 2022.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-237f. - Disqualification of board member; challenge; replacements.

No member of the board shall participate in the hearing or disposition of any appeal in which such member has any direct or indirect interest. Challenge to the interest of any member of the board may be made by any party to the proceeding and claimed for short calendar, and such challenge shall be decided by the Superior Court. If the challenge is upheld, the administrator shall so advise the Governor. In such a case, the Governor shall assign an alternate member appointed pursuant to section 31-237c, except that the staff assistant shall automatically become acting chairperson of the board in the chairperson's absence. If a replacement for any member of the board is required, the Governor shall appoint a substitute who represents affiliations similar to that of the member being replaced to fill such unexpired term.
(P.A. 74-339, S. 8, 36; P.A. 83-570, S. 11, 17; P.A. 87-468, S. 2, 4; P.A. 22-67, S. 10.)
History: P.A. 83-570 amended section to provide that staff assistant becomes acting chairman in the chairman's absence; P.A. 87-468 provided that when a challenge to a member is upheld, the governor shall assign an alternate member to serve; P.A. 22-67 made technical changes, effective May 23, 2022.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-237g. - Powers of Employment Security Board of Review, rules of procedure.

The board shall adopt regulations, in accordance with the provisions of chapter 54, concerning the rules of procedure for the hearing and disposition of appeals under the provisions of this chapter. The board shall also undertake such investigations as it deems necessary and consistent with this chapter.
(P.A. 74-339, S. 7, 36; P.A. 83-570, S. 12, 17.)
History: P.A. 83-570 restated provisions re investigations and adoption of regulations establishing rules of procedure.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-237h. - Access of appeals division to records of the Employment Security Division.

The appeals division shall be permitted access to all records of the Employment Security Division necessary to the performance of the duties assigned to the board and the referees under this chapter in a manner prescribed by the appeals.
(P.A. 74-339, S. 5, 36; P.A. 16-169, S. 4.)
History: P.A. 16-169 added provision re manner prescribed by appeals division and made a technical change.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-237i. - Referee section established. Appointment of referees; chief referee.

(a) The referee section shall consist of such referees as the board deems necessary for the prompt processing of appeals hearings and decisions and for the performance of the duties imposed by this chapter. Each such referee shall be appointed by the board and shall be in the classified service of the state.
(b) The chairperson of the board shall designate from among the referees a chief referee. The chief referee shall be the administrative head of the referee section and may delegate to any referee or any person employed in the referee section such authority as the chief referee deems reasonable and proper for the effective administration of his or her duties.
(c) The first appointments under this section shall be made no later than March 1, 1975. Any vacancy in the office of referee shall be filled by appointment by the board.
(P.A. 74-339, S. 9, 36; P.A. 81-5, S. 2; P.A. 22-67, S. 11.)
History: P.A. 81-5 removed all references to “unemployment commissioner” as referees in Subsec. (a) as the position is obsolete; P.A. 22-67 made technical changes in Subdiv. (b), effective May 23, 2022.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-237j. - Appeals to referee section; jurisdiction, venue; panel of referees.

(a) The referees shall promptly hear and decide appeals from the decisions of the administrator of this chapter, or his designee, appeals from all other determinations made pursuant to any provision of this chapter and appeals from any proceeding conducted by authorized personnel of the Employment Security Division pursuant to directives of the United States of America and the Secretary of Labor of the United States. Except as otherwise provided in this chapter or in the applicable federal directives, appeals to referees shall be filed within the time limits and under the conditions prescribed in section 31-241.
(b) The referees shall have state-wide jurisdiction and venue, and referee proceedings shall be conducted (1) by telephone or other electronic means, or (2) at the request of either party, in person at locations within the state designated by the executive head of the Employment Security Appeals Division.
(c) The chief referee may appoint a panel of three referees to hear and decide any appeal involving (1) complex issues of fact, (2) complex issues of law, (3) multiple parties, or (4) numerous witnesses. The decision on all such appeals shall be by a majority vote of the full panel.
(P.A. 74-339, S. 10, 11, 36; P.A. 81-5, S. 3; P.A. 88-53, S. 2; 88-72; P.A. 12-125, S. 2.)
History: P.A. 81-5 deleted obsolete Subsec. (c), which concerned the transfer of proceedings pending before the unemployment commissioner on July 1, 1974; P.A. 88-53 added Subsec. (c) concerning the appointment of a panel of three referees to hear and decide certain appeals; P.A. 88-72 amended Subsec. (a) to provide that except as otherwise provided in this chapter or in federal directives, appeals shall be filed as prescribed in Sec. 31-241; P.A. 12-125 amended Subsec. (b) to replace provision re proceedings conducted throughout the state with Subdiv. (1) re proceedings conducted by telephone or other electronic means and Subdiv. (2) re proceedings conducted in person at locations designated by executive head of Employment Security Appeals Division, and made a technical change in Subsec. (c).
Cited. 6 CA 588.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-238. - Budget of Employment Security Appeals Division. Provision for expenses, offices, equipment and supplies.

The board shall annually prepare a budget request covering the necessary administrative costs of the appeals division for the next ensuing year. Upon approval by the administrator such request shall be incorporated in the budget request of the Employment Security Division for that fiscal year. The expenses of administration of the appeals division, upon approval by the administrator, shall be paid from the Employment Security Administration Fund by the Treasurer, notwithstanding the provisions of section 4-85, on warrants drawn by the Comptroller at the direction of the chairman of the board. The administrator shall furnish the offices, equipment and supplies, and nonpersonal and housekeeping services required by the board and shall perform such other mechanics of administration as the board and the director may agree upon. The administrator shall furnish, whenever possible, such offices, equipment and supplies as are already provided for the central office of the Employment Security Division or its branch offices.
(1949 Rev., S. 7510; April, 1964, P.A. 3, S. 2; 1967, P.A. 525, S. 1; P.A. 74-339, S. 13, 36.)
History: 1964 act substituted “district established in section 31-276” for “existing congressional district”; 1967 act divided section into Subsecs., authorized chairman to employ necessary personnel, make expenditures, delegate authority and certify to official acts in Subsec. (b) and added Subsec. (c) re payment of expenses; P.A. 74-339 replaced previous provisions re unemployment commission entirely with provisions re budget requests and expenses re appeals division.
Cited. 126 C. 442; 139 C. 35. Appointment provision directory and not mandatory. 165 C. 203.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-240. - Claim procedure. Filing.

Claims for benefits shall be made in a manner prescribed by the administrator.
(1949 Rev., S. 7512; P.A. 16-169, S. 5.)
History: P.A. 16-169 replaced provision re benefit claims to be made at public employment bureau or branch with provision re benefit claims to be made in manner prescribed by administrator.
Cited. 126 C. 442; 129 C. 75. Expenses of appeal denied where not claimed before administrator. 133 C. 310. Cited. 192 C. 581.
Cited. 34 CA 620.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-242. - Referee's hearing of claim on appeal from examiner: Decision, notices, remand; disqualification of referee, challenge.

Unless such appeal is withdrawn, a referee shall promptly hear the claim, de novo, and render a decision thereon. Unless a party has waived the notice or agreed to a shorter period of time, notice, by mail or otherwise, of the time and place of such hearing shall be given each interested party not less than five days prior to the date appointed therefor. The parties, including the administrator, shall be notified of the referee's decision, which notification shall be accompanied by a finding of the facts and the conclusions of law upon which the decision is based. The referee may, for good cause, issue a decision which remands the case to the administrator for such further proceedings as the referee may reasonably direct. Such hearing shall be held by the referee designated by the chief referee. No referee shall hear an appeal if he or she has any interest in the proceeding or in the business of any party to the proceeding. A challenge to the interest of a referee may be made by any party to the proceeding. The decision on said challenge shall be made by the chairman of the board, after proceedings held in accordance with such rules of procedures as the board may establish.
(1949 Rev., S. 7514; 1971, P.A. 835, S. 23; P.A. 74-339, S. 15, 36; P.A. 87-364, S. 2, 8; P.A. 16-169, S. 7.)
History: 1971 act deleted “congressional” with references to districts; P.A. 74-339 referred to referees rather than commissioners, authorized waiver of notice or agreement to shorter time period by interested parties and added provisions re challenges to interest of referees; P.A. 87-364 provided that the referee may remand the case to the administrator for good cause; P.A. 16-169 made technical changes.
Expenses of appeal denied where not claimed before administrator. 133 C. 310. Cited. 135 C. 696; 161 C. 362. Cited re section's effect on the speed and fairness of the resolution of contested claims. 175 C. 269. Cited. 192 C. 581; 200 C. 243.
Cited. 1 CA 591; 2 CA 1; 34 CA 620.
Only employers whose merit rating accounts were charged with compensable separations have right to appeal from original award. 15 CS 62. Commissioner limited in his decision to the period covered by the decision of the examiner. 18 CS 11. Cited. 21 CS 19; 27 CS 217. Case remanded to commissioner for further proceedings where decision made was not specific as to dates of claimant's ineligibility for benefits on grounds of his failure to make reasonable efforts to find work. 28 CS 248. Cited. 37 CS 38; 44 CS 285.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-243. - Continuous jurisdiction.

Jurisdiction over benefits shall be continuous but the initiating of a valid appeal under section 31-242 or the pendency of valid appellate proceedings under section 31-249 shall, if the appellate tribunal has taken jurisdiction, stay any proceeding hereunder, but only in respect to the same period and the same parties, but shall not cause the cessation of payment of benefits as provided by section 31-242. Where the appellate tribunal has not taken jurisdiction, upon his own initiative, or upon application of any party in interest, the administrator, or the examiner designated by him, may, at any time within six months after the date of the original decision, or within such other time limits as may be applicable under section 31-273, review an award of benefits or the denial of a claim therefor, in accordance with the procedure prescribed in respect to claims, and may issue a new decision, which may award, terminate, continue, increase or decrease such benefits. Such new decision shall be appealable under the provisions of section 31-242 within the time prescribed in section 31-241, and where the claimant has been free from fault, a redetermination or new decision shall not affect benefits paid under a prior order. Any decision to review an award of benefits or the denial of a claim under this section shall be solely within the discretion of the administrator and shall not be appealable under the provisions of section 31-242.
(1949 Rev., S. 7515; 1971, P.A. 835, S. 24; P.A. 77-604, S. 20, 84; P.A. 92-210, S. 2.)
History: 1971 act specified effect of appeals on proceedings and payment of benefits, added reference to time limits “applicable under section 31-273” in provision re review and specified that new decision is appealable under Sec. 31-242 rather than subject to review; P.A. 77-604 made technical correction substituting “affect” for “effect”; P.A. 92-210 added language providing that the administrator or examiner may review an award of benefits or denial of a claim where the appellate tribunal has not taken jurisdiction, deleted requirement for a change in conditions as grounds for review, and added language providing that decision to review shall be solely within the discretion of the administrator and shall not be appealable under Sec. 31-242.
Permits change of decision because of modifying circumstances and is limited to that. 161 C. 362. A limitation on administrator's power to oppose plaintiff's appeal does not exist under statute. 192 C. 104. Cited. Id., 581.
Administrator without power to review a decision made more than 6 months previously. 20 CS 107. Recovery of overpayment, when. 30 CS 123.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-244. - Procedure.

The manner in which disputed claims shall be presented and the reports thereon required from the claimant and from employers shall be in accordance with regulations prescribed by the administrator. Neither the administrator nor the examiners shall be bound by the ordinary common law or statutory rules of evidence or procedure, but may make inquiry in such manner, through oral testimony or written, printed or electronic records, as is best calculated to ascertain the substantial rights of the parties and carry out justly the provisions of this chapter. A complete record shall be kept of all proceedings in connection with a disputed claim.
(1949 Rev., S. 7516; P.A. 74-339, S. 16, 36; P.A. 16-169, S. 8.)
History: P.A. 74-339 deleted provisions re hearings before the unemployment commission or its commissioners; P.A. 16-169 added reference to electronic records.
Expenses of appeal denied where not claimed before administrator. 133 C. 310. Cited. 141 C. 321. Secs. 31-244 to 31-249f cited re their effect on the speed and fairness of the resolution of contested claims. 175 C. 269. Cited. 192 C. 104; Id., 581; 200 C. 243.
Cited. 16 CS 227; 18 CS 12. Claimant's petition was not dismissed because of his failure to comply with technicality of procedure where there was sufficient statement of ground for review. 27 CS 403. Cited. 29 CS 316.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-244a. - Procedure on appeals; hearings; rules of evidence; record.

The conduct of hearings and appeals, including notice thereof, shall be in accordance with rules of procedure prescribed by the board in regulations adopted pursuant to section 31-237g. No formal pleadings shall be required beyond such notices as the board provides for by its rules of procedure. The referees and the board shall not be bound by the ordinary common law or statutory rules of evidence or procedure. They shall make inquiry in such manner, through oral testimony and written, electronic and printed records, as is best calculated to ascertain the substantial rights of the parties and carry out justly the provisions of this chapter. A record shall be prepared of all testimony and proceedings at any hearing before a referee and before the board but need not be transcribed unless an appeal is taken from the referee's or board's decision, as the case may be.
(P.A. 74-339, S. 17, 36; P.A. 83-570, S. 13, 17; P.A. 16-169, S. 9.)
History: P.A. 83-570 added reference to procedural regulations; P.A. 16-169 added reference to electronic records and made a technical change.
Authorizes preparation of unemployment compensation hearing transcripts at the administrative appeal stage; there is no statutory requirement that plaintiffs be provided with free transcripts of hearings before appeals referees. 192 C. 581.
Cited. 40 CS 208. Hearsay evidence, admitted without objection, will be given its natural probative effect and may support a finding of the board, if corroborated by competent evidence in the record, but a finding of fact based solely on hearsay will not stand. 51 CS 302.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-245. - Authority to administer oaths and issue subpoenas.

In the discharge of the duties imposed by this chapter, the administrator, the examiners, the referees, the hearing officials designated pursuant to subsection (b) of section 31-237d and subsection (b) of section 31-273, and the chairman of the board shall have power to administer oaths and affirmations, certify to official acts and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda and other records deemed necessary as evidence in connection with the disputed claim or the administration of this chapter.
(1949 Rev., S. 7517; P.A. 74-339, S. 18, 36; P.A. 81-5, S. 4; P.A. 86-403, S. 63, 132; P.A. 88-53, S. 3.)
History: P.A. 74-339 deleted reference to unemployment commissioners and made provisions applicable to referees, chairman of the board and hearing officials designated pursuant to Sec. 31-273(e); P.A. 81-5 substituted reference to Sec. 31-273(f) for reference to Sec. 31-273(e); P.A. 86-403 made technical change, substituting reference to Sec. 31-273(b) for reference to Sec. 31-273(f); P.A. 88-53 added the reference to hearing officials designated pursuant to Subsec. (b) of Sec. 31-237d.
Cited. 192 C. 581; 200 C. 243.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-246. - Enforcement of subpoena.

In case of contumacy by any person, or his refusal to obey a subpoena issued to him under section 31-245, any court of this state within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which such person guilty of contumacy or of refusal to obey is found or resides or transacts business, upon application by a referee, the chairman of the board or the administrator, shall have jurisdiction to issue to such person an order requiring him to appear before the referee, the board, the administrator or any examiner, there to produce evidence if so ordered or there to give testimony concerning the matter under investigation or in question; and any person failing to obey such order of the court may be punished by such court as for contempt thereof. Any person who, without just cause, fails to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda or other records, if it is in his power to do so, in obedience to a subpoena issued to him under said section 31-245, shall be fined not more than two hundred dollars or imprisoned not more than six months or both.
(1949 Rev., S. 7518; P.A. 74-339, S. 19, 36.)
History: P.A. 74-339 replaced references to unemployment commissioners with references to referees, the board and its chairman.
Cited. 192 C. 581.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-247. - Witness fees. Payment of expenses of proceedings.

Subject to the approval of the administrator or chairman of the board, witnesses before the administrator, the referee or the board appearing pursuant to the provisions of section 31-245 shall be allowed fees as provided by law in civil actions. Such fees and all expenses of the Employment Security Appeals Division in connection with proceedings involving disputed claims shall be deemed a part of the expense of administering this chapter.
(1949 Rev., S. 7519; P.A. 74-339, S. 20, 36; P.A. 81-5, S. 5.)
History: P.A. 74-339 required approval of administrator or chairman of the board rather than of commissioner and specified witnesses who are allowed fees as those “before the administrator, the referee or the board appearing pursuant to the provisions of section 31-245”; P.A. 81-5 replaced “unemployment commission” with “employment security appeals division”.
See Sec. 31-259(c) re withdrawals from Employment Security Administration Fund for payment of expenses incurred under this chapter.
See Sec. 52-260 re witness fees.
Expenses of appeal denied where not claimed before administrator. 133 C. 310. Cited. 192 C. 581.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-248a. - Transfer of case from referee to Employment Security Board of Review.

At any time before the referee's decision has become final within the periods of time prescribed in section 31-248 or at any time during the pendency of a proceeding before a referee, the board may transfer any case to itself for hearing and decision either on its own motion or at the request of any party to the proceeding, including the administrator.
(P.A. 74-339, S. 24, 36.)
Cited. 192 C. 581; 196 C. 546.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-249c. - Administrator a party to all appeal proceedings. Right of board to intervene as a party.

The administrator shall be deemed to be a party to any proceeding under this chapter before a referee, the board or any reviewing court. The board shall have the right to intervene as a party in any proceeding under this chapter before a reviewing court.
(P.A. 74-339, S. 27, 36; P.A. 91-227.)
History: P.A. 91-227 added provisions re right of the board to intervene as a party in proceedings before a reviewing court.
Cited. 192 C. 104; Id., 581.
Cited. 39 CA 441.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-249d. - Disqualification of referees and board members as advocates.

No referee or member of the board shall appear for or on behalf of himself or any party before any other referee or before the board. No referee or member of the board shall appear in any court on his own behalf or on behalf of any party whose matter before the court consists of an appeal or other proceeding which commenced before one of the referees or before the board.
(P.A. 74-339, S. 26, 36.)
Cited. 192 C. 581.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-249e. - Decisions of board and referees. Methods of issuance. Notice of appellate rights.

Every decision of a referee or the board shall be issued in a manner prescribed by the appeals division, which may include, but need not be limited to, in writing, in person delivery, by mail or electronically, to the parties concerned immediately following its rendition. The decision shall contain a notice setting forth the appellate rights of parties.
(P.A. 74-339, S. 28, 36; P.A. 16-169, S. 14.)
History: P.A. 16-169 added provision re decisions to be issued in manner prescribed by appeals division, added “or electronically” and made technical changes.
Cited. 192 C. 581.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-249f. - Decisions of board as precedents, referees' decisions as authority. Index of cases decided.

(a) Final decisions of the board shall be binding in all subsequent proceedings involving similar questions. Final decisions of referees and the principles of law declared in their support shall be binding on the administrator and shall further be persuasive authority in subsequent referee proceedings. If in any subsequent proceeding the administrator or a referee has serious doubt as to the correctness of any principles previously declared by a referee or by the board, or if there is an apparent inconsistency or conflict in final decisions of comparable authority, then the findings of fact in such case may be certified, together with the question of law involved, to the board. After giving notice and reasonable opportunity for hearing upon the law to all parties to the proceedings, the board shall certify to the administrator or referee and the parties its answer to the question submitted; or the board in its discretion may remove to itself the entire proceeding as provided in section 31-248a and render its decision upon the entire case.
(b) The board shall publish an index of all cases decided by the board on and after July 1, 1983. The index shall include, but not be limited to, a subject reference and a reference of all statutory sections and court cases under which each case was decided.
(P.A. 74-339, S. 30, 36; P.A. 83-570, S. 15, 17.)
History: P.A. 83-570 added Subsec. (b) requiring index of decisions.
Cited. 192 C. 581.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-249g. - Use of arbitration decisions by board or referees. Preclusive effect of unemployment compensation proceedings.

(a) In proceedings conducted pursuant to this chapter, the Employment Security Board of Review or any employment security appeals referee may admit into evidence any decision resulting from arbitration proceedings and shall accord such decision the weight appropriate under the facts and circumstances of the case, provided no such decision shall have preclusive effect in any proceeding under this chapter.
(b) No finding of fact or conclusion of law contained in a decision of an employment security appeals referee, the board of review or a court, obtained under this chapter, shall have preclusive effect in any other action or proceeding, except proceedings under this chapter.
(P.A. 87-364, S. 5, 8.)
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-249h. - Regulations defining “good cause”.

On or before January 1, 1988, the Employment Security Board of Review shall adopt regulations, in accordance with the provisions of chapter 54, which establish a definition of “good cause” for the timeliness of filing motions or appeals pursuant to sections 31-241, 31-248 and 31-249a. Such regulations may be adopted by the board prior to January 1, 1988, but may not take effect prior to that date.
(P.A. 87-364, S. 6, 8.)
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-252. - Public distribution of law, regulations and reports.

The administrator shall make available to the public, on its Internet web site, the text of this chapter, the administrator's general regulations and his annual reports to the Governor and any other material the administrator deems relevant and suitable, together with such decisions of the referees as the board considers of general interest, and shall furnish the same to any person upon application therefor.
(1949 Rev., S. 7524; P.A. 74-339, S. 29, 36; P.A. 77-614, S. 70, 610; P.A. 22-67, S. 12.)
History: P.A. 74-339 replaced unemployment commission and commissioners with board and referees; P.A. 77-614 replaced commissioner of finance and control with commissioner of administrative services; P.A. 22-67 removed requirement that the Commissioner of Administrative Services must approve printing and distribution and added requirement for administrator to make materials available on the Labor Department's Internet web site, effective May 23, 2022.
Effect on the speed and fairness of the resolution of contested claims. 175 C. 269.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-254a. - Wage and claim information to national directory of new hires.

(a) The Labor Department shall, on a quarterly basis, furnish to the national directory of new hires extracts of the wage and claim information contained in the records required and maintained by the Labor Commissioner pursuant to this chapter and to the extent required by applicable provisions of state and federal law.
(b) Not later than three business days after the date information regarding a newly hired employee is entered into the state directory of new hires, the Labor Department shall furnish such information to the national directory of new hires established under the Welfare Reform Act, 42 USC 653.
(June 18 Sp. Sess. P.A. 97-4, S. 3; June 18 Sp. Sess. P.A. 97-11, S. 63, 65.)
History: June 18 Sp. Sess. P.A. 97-11 changed effective date of June 18 Sp. Sess. P.A. 97-4 but without affecting this section.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-256. - Application for advances to Unemployment Trust Fund.

The administrator is authorized to apply for such advances to the account of the state of Connecticut in the Unemployment Trust Fund to which it may be entitled in accordance with the provisions of Title XII of the Federal Social Security Act (Section 401 of the War Mobilization and Reconversion Act of 1944, Public Law 458) under the terms and conditions as therein set forth.
(1949 Rev., S. 7528.)
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-257. - Repayment of benefits on receipt of retroactive pay.

Whenever any person who has drawn benefits under this chapter subsequently receives retroactive pay without deduction for such benefits under an arbitration, or other award or judgment with respect to the same period for which he has drawn unemployment compensation benefits, he shall be liable to repay to the administrator the amount of benefits so drawn upon demand. If the amount of unemployment compensation payments which he has received has been deducted from the amount paid to him by the employer, the employer shall be liable to pay the amount so deducted to the administrator, who shall accept and credit the same to the account of such person and such charged employer. If such person does not repay the sum or if an employer does not repay the amount deducted for benefits drawn, such sum shall be collectible in the manner provided in section 31-266 for the collection of past due contributions. All retroactive pay referred to in this section shall be deemed “wages” as said term is defined under the provisions of section 31-222, and will be reported by an employer under the taxable method for the quarter during which the payment is made. Every employer who has been required to make a retroactive payment, whether or not the amount of benefits is to be deducted from such payment, shall notify the administrator of such fact.
(1955, S. 3082d; 1967, P.A. 790, S. 16; 1971, P.A. 835, S. 29; P.A. 74-229, S. 19, 22; P.A. 78-368, S. 9, 11.)
History: 1967 act deleted redundant reference to terms of arbitration or collective bargaining agreement and required employers who have been required to make a retroactive payment to notify administrator; 1971 act added reference to “judgments”; P.A. 74-229 specified repayment of benefits “upon demand”, specified that cancellation of compensable separation occurs under taxable method, allowed crediting employer's account as option where compensation payments have been deducted from amount paid to person by employer, specified that if repayment is not made sum is to be “collectible in the manner provided in section 31-266 for the collection of past due contributions” rather than “offset ... against any future claims for benefits” and specified that retroactive pay is to be reported by employer under taxable method for quarter during which payment is made; P.A. 78-368 deleted cancellation of compensable separation as option resulting in credit to employer's account in all cases.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-258. - Repayment of benefits on receipt of workers' compensation.

Any person who has drawn benefits under this chapter who subsequently receives compensation for temporary disability under a workers' compensation law with respect to the same period for which he has drawn unemployment compensation benefits shall be liable to repay to the administrator the sum so received under this chapter, provided the amount which he is liable to repay shall not exceed the amount received under the workers' compensation law. If such person does not repay the sum at that time, such sum may be offset by the administrator against any future claims for benefits which such person may have.
(1955, S. 3083d; P.A. 79-376, S. 33.)
History: P.A. 79-376 replaced “workmen's compensation” with “workers' compensation”.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 567 - Unemployment Compensation › Section 31-260. - Transfer of funds authorized by federal Railroad Unemployment Insurance Act.

The Treasurer shall, on request filed in writing by the administrator, withdraw from the Unemployment Trust Fund and deposit in the Employment Security Administration Fund amounts not to exceed those authorized by Section 13(e) of the federal Railroad Unemployment Insurance Act.
(1949 Rev., S. 7530.)