Connecticut Administrative Code › Title 31 - Labor › 237g - Proceedings on Disputed Matters Pertaining to Unemployment Compensation Claims › Article III - Appeals to the Board › Section 31-237g-48 - Decision of the Board: content and form; remand to Administrator or Referee

Current through July 10, 2024
(a) Each appeal to the Board shall be decided
				with reasonable promptness following review. Except for a dismissal decision
				issued pursuant to Section
				31-237g-41
				or
				31-237g-43,
				the Board's decision shall affirm, reverse, or modify the preceding decision or
				remand the case to the Referee or the Administrator for such further
				proceedings as the Board in such decision instructs. Upon such a remand to the
				Referee, unless otherwise specifically stated in the decision, the Board shall
				not retain jurisdiction of such appeal, and the rights and responsibilities
				attaching to the subsequent decision of the Referee shall be the rights and
				responsibilities normally applicable to such a decision. In remanding the case
				to the Administrator, the Board may retain jurisdiction. If the Board retains
				jurisdiction, upon the issuance of a new determination by the Administrator,
				the Board 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 Board shall not issue a
				decision if all parties to the appeal consent to the withdrawal of the appeal.
				If the Board does not retain jurisdiction, the administrator's determination
				shall inform the aggrieved party of its right to file a new appeal from the
				determination. The general provisions of Section
				31-237g-49(a)
				of these regulations to the contrary notwithstanding, a Board decision
				remanding an appeal to the Referee or the Administrator shall not be separately
				appealable to the Superior Court, but may be made an additional ground for
				appeal from the final decision of the Referee or the Board on the merits of the
				case. An aggrieved party may, however, file a motion to reopen a decision
				remanding an appeal to the Referee or the administrator. Where an appeal
				involves multiple issues, some of which are subject to the Board's order of
				remand and others of which have been finally resolved by the Board's decision,
				the aggrieved party does not waive its right to object to the Board's decision
				on the issues finally resolved and may raise any such objection in the event of
				further appeal to the Board from the Referee's decision on remand. Unless the
				Board specifically so directs, a decision of the Board remanding an appeal to
				the administrator or the Referee shall not automatically vacate the preceding
				decision of the Referee.
(b) Each
				Board decision on an appeal shall be prepared and issued in accordance with
				section 31-273g-13 of these regulations and shall also list the date and
				location of any hearings held by the Board together with the names and
				identities of all persons attending such hearing. Except as otherwise provided
				in Section
				31-237g-41,
				31-237g-11(b)
				and
				31-237g-43
				of these regulations, each Board decision shall also include:
(1) a citation to the law involved;
(2) a case history summarizing the
				proceedings prior to the date of the Board's decision;
(3) a statement indicating whether the Board
				has reviewed the file record of such appeal;
(4) a statement indicating whether the Board
				reviewed the tape or transcript of the Referee's hearing prior to issuing the
				decision;
(5) the Board's decision
				on all timely-filed requests for a Board hearing on such appeal;
(6) a statement of the Board's findings of
				fact which may adopt the Referee's findings of fact;
(7) reasons for the Board's decision which
				shall address the legal and factual claims stated in the appeal, timely-filed
				written argument, and oral argument presented at any hearing before the
				Board;
(8) citations to any
				specific precedents used to support the decision;
(9) the ultimate decision which may include a
				statement as to the action to be taken by the Administrator, if any, as a
				consequence of such ultimate decision;
(10) the signature, or reproduction thereof,
				of at least one member of the Board in favor of the decision and the name of
				each concurring member;
(11) a
				statement that the full Board reviewed and decided such appeal if request for
				decision by the full Board was timely-filed or by statute the full Board was
				otherwise required to review and decide such appeal.