Connecticut Administrative Code › Title 31 - Labor › 1 - Establishment of Rules of Procedure for Hearings in Contested Cases to be Conducted by the Labor Commissioner › Rules of Procedure for Declaratory Rulings by the Labor Commissioner › Section 31-1-17 - Declaratory rulings in unemployment compensation matters

Current through July 10, 2024
(a)
General.
Petitions for
				declaratory rulings may be filed on the validity of any regulation adopted
				pursuant to the Unemployment Compensation Act (Chapter 567) or the
				applicability to specified circumstances of any provision of the Unemployment
				Compensation statutes, regulations or a final decision (as defined in Conn.
				Gen. Stat. section
				4-166(3)
				) on a matter within the jurisdiction of the Commissioner in his or her
				capacity as Administrator of the Unemployment Compensation Act. Such petitions
				are subject to the rules governing form and content of petitions and agency
				proceedings, set forth in Sections
				31-1-11 to
				31-1-17, inclusive.
(b)
Assessing Propriety of Ruling.
Any petition described in
				subsection (a) of this section, which is filed with the Commissioner in his or
				her capacity as the Administrator of the Unemployment Compensation Act will be
				subject to heightened scrutiny as to the necessity for issuance of a
				declaratory ruling. The Commissioner will normally decline to issue a
				declaratory ruling in any instance in which it appears that the petitioner's
				rights and interests are currently capable of being addressed through formal
				adjudication, determination of eligibility or liability, or any other legal
				process provided for within Chapter 567, for which there is a statutory right
				of appeal.
In determining whether a declaratory ruling or some other
				  proceeding governed by Chapter 567 is more appropriate, the Commissioner in his
				  or her capacity as Administrator of the Unemployment Compensation Act will
				  consider the following factors, where relevant:
(1) whether the subject matter of the
				petition will become an issue in controversy in the foreseeable future and
				adjudication under the provisions of Chapter 567 will be necessary;
(2) whether a declaratory ruling is critical
				to structuring a legal relationship between the petitioner and any other party
				or parties;
(3) whether a
				particular set of factual circumstances is critical to a proper ruling, and if
				so, whether those factual circumstances are in dispute or likely to
				change;
(4) whether other parties'
				legal interests are affected and if so, in what forum such interests would be
				most effectively represented;
(5)
				the number of other individuals in substantially similar circumstances and
				whether the decision will have significant precedential value;
(6) the particular interests affected and the
				likely benefits to be derived from issuance of a declaratory ruling;
(7) the complexity of the legal and factual
				issues presented;
(8) the potential
				impact of a declaratory ruling on the normal adjudicatory process under Chapter
				567;
(9) whether the normal
				adjudicatory process, or the process of certifying questions of law to the
				Employment Security Board of Review pursuant to Conn. Gen. Stat. Section
				31-249f(a)
				provides a suitable alternative to a declaratory ruling;
(10) whether a declaratory ruling would be
				more appropriately issued by the Commissioner in his or her capacity as
				Administrator of the Unemployment Compensation Act or by the Employment
				Security Board of Review;
(11)
				whether the administrative costs and burdens of a declaratory ruling are
				justified by the scope of the interest affected and the availability of any
				alternate forum; and
(12) whether
				there is a need for the agency to clarify the meaning of a statute, regulation
				or final decision for future cases.