Connecticut Administrative Code › Title 31 - Labor › 237g - Proceedings on Disputed Matters Pertaining to Unemployment Compensation Claims › Article I - General Provisions › Section 31-237g-11 - Representation by attorney or agent; authorization; notice; fees; amicus curiae

Current through July 10, 2024
(Statutory reference: 31-272(b) (2))
(a) Any party to a proceeding before the
				Appeals Division may be represented by an attorney or an authorized agent, or
				both, provided that at any hearing before the Appeals Division, the Referee or
				the Chairman, as the case may be, may limit oral participation during such
				hearing to only one such representative of each party designated by that party.
				Any individual, corporation, partnership or other association may, subject to
				the provisions of subsection (e) hereinafter set forth, serve as a party's
				authorized agent provided that any authorized agent that represents a party for
				a fee shall comply with sections
				31-272-1
				to
				31-272-18 of
				the Regulations of Connecticut State Agencies. The Appeals Division may refuse
				to provide a second hearing to any party who, without good cause, fails to
				obtain representation for the original hearing and thereafter alleges that a
				second hearing is necessary to allow such party the benefit of such
				representation.
(b) If the file
				record of any proceeding before the Appeals Division indicates that any party
				has been represented in such proceeding by an attorney or an authorized agent,
				or both, such representation shall be considered to be of record for the
				Appeals Division's purposes concerning such proceeding unless and until a
				written withdrawal of such representation signed by such party is filed with
				the specific Appeals Division office involved or a new representative is
				substituted. Except as otherwise herein provided, the Appeals Division may
				refuse to accept any document or other communication, written or oral, from any
				individual or entity on behalf of any party unless such communication to the
				Appeals Division is preceded or accompanied by a written statement personally
				signed by such party designating such individual or entity as authorized agent
				of record for such named party with regard to such proceedings before the
				Appeals Division. A written statement signed by an attorney announcing
				representation of a named party with regard to specifically identified
				proceedings before the Appeals Division shall constitute sufficient
				notification to the Appeals Division of such attorney's status as
				representative of record for that party during such proceedings.
(c) Whenever the file record of any
				proceeding before the Appeals Division indicates that a party is represented by
				an attorney or an authorized agent, or both, the Appeals Division shall mail to
				each such attorney and agent a copy of all correspondence, notices or decisions
				mailed to such party simultaneous with the mailing of such materials to the
				party. Notice to such attorney or agent shall constitute effective notice to
				such party.
(d) The cost of
				representation permitted by this section shall be the expense of the party
				obtaining such representation but no attorney or authorized agent shall charge
				or receive for representation of a claimant in proceedings before the Appeals
				Division more than the amount approved for same by the Referee or the Board, as
				the case may be, before whom the proceedings took place, provided the Appeals
				Division shall not be obligated to set such a specific approved fee for
				claimant representation unless: (1) during proceedings upon the appeal or at
				any time prior to the decision on the appeal becoming final, the claimant or
				the representative on the hearing record at a hearing before the Referee or by
				way of a written request filed with the Appeals Division pursuant to the
				guidelines set forth in Section
				31-237g-10(a)
				of these regulations, requests the Appeals Division to set an approved fee; or
				(2) during proceedings upon the appeal or at any time prior to the decision
				becoming final, the Referee or the Board, as the case may be, on its own
				initiative, specifically includes the issue of an approved claimant
				representation fee among the matters to be decided concerning such appeal; or
				(3) within thirty (30) days following a claimant's receipt of the written
				charged expense for such representation, the claimant, in accordance with
				Section
				31-237g-10(a)
				of these regulations, files with the Referee or the Board, as the case may be,
				a written objection to such charged expense. In the event that the claimant
				representation in question occurred solely before a Referee, the Referee shall
				possess initial jurisdiction over the issue of fees, but if such claimant
				representation occurred before both a Referee and the Board, then the Board
				shall possess jurisdiction over the entire issue of claimant representation
				fees. If the issue of an approvable claimant representation fee is raised and
				fully heard at an evidentiary hearing upon the appeal, the Appeals Division
				decision upon the appeal shall set an approved fee. If the issue of an
				approvable claimant representation fee is raised by the filing of a written
				objection to charged claimant representation fees or the filing of a written
				request for the setting of an approved fee and not otherwise covered at a
				hearing, the Referee or the Board, as the case may be, shall mail to both the
				claimant and the claimant representative involved notice of such matter and
				both the claimant and the representative shall have the right, and such notice
				shall advise them of the right, to file with such Referee or the Board, as the
				case may be, within ten (10) days of the mailing date of such notice, written
				argument on such matter, request for an evidentiary hearing concerning such
				matter and, in the case of such a matter before the Board, request for decision
				of such matter by the full, three-member Board. Following the expiration of
				such ten day time limit the Referee or the Board, as the case may be, may, on
				its own initiative or in response to a timely request therefor, schedule an
				evidentiary hearing upon such matter and, in such event, the hearing and
				subsequent decision on such fee issue shall occur pursuant to these
				regulations. If a hearing is not granted, the Referee or the Board shall,
				following the expiration of said ten day time limit, review such matter on the
				record and, pursuant to these regulations, issue a decision upon the matter
				which shall address any such written argument and requests timely filed with
				regard to same. In determining approvable fees for claimant representation,
				consideration will be given to several factors including, but not limited to,
				any initial fee arrangement mutually agreed to by the claimant and the
				representative, the time necessarily expended by the representative, the
				complexity and difficulty of the facts and issues involved, the skill of the
				service provided and the results obtained, in comparison to, and with special
				regard for, the amount of benefits involved, the remedial purposes of
				unemployment compensation and the financial resources of the claimant
				concerned. Except in extraordinary cases, an approvable fee may not exceed
				twenty percent of the benefits potentially payable to the claimant as a result
				of the claim under adjudication plus reasonable and necessary costs. In
				separation cases, the benefits potentially payable are the greater of either
				the sum of the claimant's weekly benefit amount multiplied by the average
				weekly duration of unemployment for the previous year as determined by the
				department of labor or the total benefits actually collected at the time of the
				request to the board to determine the amount of the attorney's fee. The time
				limitations and procedures specifically provided in this subsection for
				objections to charged claimant representation fees shall not affect, stay or
				toll the time limitations otherwise provided in these regulations for the
				disposition of appeals by the Appeals Division. The Appeals Division's decision
				on claimant representation fees may be appealed in accordance with the same
				time limits and procedures set forth in these regulations for the adjudication
				of appeals.
(e) Representation by
				an attorney or authorized agent shall not relieve any party of the
				responsibility to present at a duly scheduled hearing testimony from all
				individuals with actual personal knowledge of the facts involved. A represented
				party may be deemed to be bound by the representation afforded that party by
				the representative during proceedings before the Appeals Division.
(f) In any proceeding wherein the Appeals
				Division determines that the eventual decision will potentially be of
				significant precedential value, the Appeals Division may, upon its own motion
				or upon written request, permit any person, organization or entity which the
				Appeals Division reasonably determines represents a constituency which would be
				significantly affected by such decision or which has specialized knowledge or
				expertise on the subject involved, to serve as an amicus curiae for purposes of
				advocating the interests of such constituency or availing the Appeals Division
				of its knowledge on the subject during such proceeding for such duration and
				under such terms as the Appeals Division may reasonably provide. Each such
				request should be filed by means of a typed or legibly printed document which
				should (1) be clearly entitled at the top center "Request for Leave to
				Intervene as Amicus Curiae"; (2) describe why the requesting person,
				organization or entity would be qualified to serve as such an amicus curiae,
				the constituency if any, which would be represented and, if applicable, why
				such constituency would not otherwise be adequately represented unless such
				request was granted; (3) describe why the decision eventually issued in such
				proceeding will allegedly be of significant precedential value and (4)
				otherwise follow the guidelines set forth in Section
				31-237g-10(a)
				of these regulations. If the Appeals Division grants such a request, notice of
				that decision will be issued in accordance with Section 31-327g-13 of these
				regulations and thereafter during the pendency of its authorized involvement
				such amicus curiae shall be entitled to the same notice due each party to such
				proceeding pursuant to these regulations including, but not limited to, Section
				31-237g-10(a)
				and
				31-237g-13.
				However, unless an amicus curiae becomes a representative of record for a party
				actually aggrieved by the eventual decision, such amicus curiae is without
				standing to exercise appeal rights with regard to such decision.