Connecticut Administrative Code › Title 31 - Labor › 237g - Proceedings on Disputed Matters Pertaining to Unemployment Compensation Claims › Article II - Appeals to the Referee › Section 31-237g-33 - Decision of the Referee; content and form

Current through July 10, 2024
(Statutory reference: 31-242, 31-249e)
(a) Each appeal to the Referee shall be
				reviewed, and a decision thereon prepared, with reasonable promptness following
				the close of the scheduled hearing. Except for dismissal decisions issued
				pursuant to Section
				31-237g-25,
				31-237g-26
				and
				31-237g-27
				of these regulations, the Referee's decision shall affirm, reverse or modify
				the Administrator's decision or for good cause remand any issue properly before
				the referee to the Administrator for such further proceedings as the Referee
				reasonably instructs. In remanding the case to the Administrator the Referee
				may retain jurisdiction. If the Referee retains jurisdiction, upon the issuance
				of a new determination by the Administrator, the Referee shall provide all
				parties to the appeal an opportunity to be heard and shall thereafter issue a
				decision affirming, reversing or modifying the Administrator's determination,
				provided that the Referee shall not issue a decision if all parties to the
				appeal consent to the withdrawal of the appeal. If the Referee does not retain
				jurisdiction, the Administrator's new determination shall inform the aggrieved
				party of its right to file a new appeal from the determination.
The general provisions of Section
				  31-237g-34(a)
				  of these regulations to the contrary notwithstanding, a Referee's decision
				  remanding an appeal to the Administrator is not separately appealable to the
				  Board, but may be subject to a motion to reopen or may be made an additional
				  ground for appeal from the Referee's final decision on the Administrator's new
				  determination. The Referee's decision on an appeal shall rule upon each
				  relevant issue necessary to the decision, provided (1) the notice of hearing
				  issued pursuant to Section
				  31-237g-17
				  of these regulations indicated that such issue could be covered at the hearing,
				  or (2) the parties present waived notice of such issue and stipulated to
				  coverage of such issue at the hearing.
(b) Each Referee decision on an appeal
				pursuant to subsection (a) above shall be prepared and issued in accordance
				with Section 31-237g-13(a) of these regulations and shall also list the date
				and location of each hearing held together with the names and identities of all
				persons in attendance at such hearing and the relationship of each such person
				to the appeal. Except for dismissal decisions issued pursuant to Sections
				31-237g-25,
				31-237g-26
				and
				31-237g-27
				of these regulations, each such decision shall include:
(1) a case history of the appeal which
				indicates, but need not be limited to, the Referee's jurisdiction over the
				case;
(2) the Referee's findings of
				fact;
(3) the reason for the
				Referee's conclusions of law;
(4)
				the Referee's ultimate decision on the appeal. The findings of fact and the
				reasons for the Referee's conclusions of law shall be stated separately, but
				the case history and the findings of fact may be combined under the general
				heading of "Findings of Fact," and the conclusions of law may be joined with
				the ultimate decision under the general heading of "Decision," provided said
				ultimate decision shall be clearly stated. The Referee's findings of fact shall
				contain all findings of fact necessary to the resolution of each issue
				involved, and shall be based exclusively on the evidence and testimony in the
				file and hearing record and on matters officially noticed, and matters
				stipulated to with the Referee's approval. The Referee's conclusions of law
				shall cite and summarize the specific statutory and/or regulatory law involved,
				and shall indicate the reasons why the application of such law to the facts
				found results in the ultimate decision stated. The ultimate decision may
				include a statement as to the action to be taken by the Administrator, if any,
				as a consequence of such ultimate decision.