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-15 - Appeal to the Referee; time and place for filing; jurisdiction of Referees

Current through July 10, 2024
(Statutory reference: Secs.
				  31-241
				  and
				  31-237j
				  )
(a) Except as otherwise provided by
				law, the Administrator's decision shall be final unless a party aggrieved by
				the decision files, within twenty-one days after the date such decision was
				mailed to such party's last-known address, an appeal to the Referee with an
				office of Employment Security, the Appeals Division or any similar employment
				security agency of any other state in which such party is located at the time
				of filing. The appeal rights of an employer shall be limited to the first
				notice such employer is given in connection with a claim which sets forth his
				appeal rights. Any appeal may be filed in person, by faxscimile transmission
				(fax), by internet or by mail but to be acceptable as a timely filed appeal it
				must actually be received at such office no later than the twenty-first (21)
				calendar day following the date on which the Administrator's determination was
				mailed, must bear a legible United States postal service postmark which
				indicates that within such twenty-one day period it was placed in the
				possession of the postal authorities for delivery to the appropriate office, or
				must be received by fax or by internet as set forth in Section
				31-237g-1(c)
				of these regulations. Posting dates attributable to private postage meters
				shall not be considered in determining the timeliness of appeals filed by mail.
				If said twenty-first (21) day falls on a day when the office in which the
				appeal was filed was not open for business, then such last day shall be
				extended to the next business day of such office. It is generally advisable, to
				the extent that it can be accomplished within the allotted twenty-one day
				period, to file such appeal with the specific Employment Security office which
				rendered the decision. Any appeal filed after the twenty-one day period has
				expired may be considered to be timely filed if the filing party shows good
				cause for the late filing.
(b) For
				purposes of this section, a party has good cause for failing to file an appeal
				within twenty-one (21) calendar days of the issuance of the Administrator's
				determination if a reasonably prudent individual under the same or similar
				circumstances would have been prevented from filing a timely appeal. In
				determining whether good cause has been shown, the Referee shall consider all
				relevant factors, including but not limited to:
(i) The extent to which the party has
				demonstrated diligence in its previous dealings with Administrator and the
				Employment Security Appeals Division;
(ii) Whether the party was
				represented;
(iii) The degree of
				the party's familiarity with the procedures of the Appeals Division;
(iv) Whether the party received timely and
				adequate notice of the need to act;
(v) Administrative error by the Administrator
				or Employment Security Appeals Division; or the failure of the Administrator,
				the Appeals Division, or any other party to discharge its
				responsibilities;
(vi) Factors
				outside the control of the party which prevented a timely action;
(vii) The party's physical or mental
				impairment;
(viii) Whether the
				party acted diligently in filing an appeal once the reason for the late filing
				no longer existed:
(ix) Where there
				is substantial prejudice to an adverse party which prevents such party from
				adequately presenting its case, the total length of time that the action was
				untimely;
(x) Coercion or
				intimidation which prevented the party from promptly filing its
				appeal.
(xi) Good faith error,
				provided that in determining whether good faith error constitutes good cause
				the Referee shall consider the extent of prejudice to any other party, any
				prior history of late filing due to such error, whether the appeal is
				excessively late, and whether the party otherwise acted with due
				diligence.