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-32 - Certifications to the Board

Current through July 10, 2024
(Statutory reference: 31-249f)
(a) If, in any proceeding before the
				Administrator, the Administrator has serious doubt as to the correctness of any
				applicable principles previously declared by a Referee or the Board, or if
				there is an apparent inconsistency or conflict in applicable final decisions of
				comparable authority, the Administrator may certify to the Board the findings
				of fact in such case, together with the question of law involved, and withhold
				decision pending receipt of the certification decision by the Board. Each such
				certification by the Administrator should be prepared and delivered in
				accordance with Section
				31-237g-10(a)
				of these regulations. The Board shall treat and process each such certification
				pursuant to these regulations in the same manner as an appeal and issue to the
				Administrator and the parties to such proceeding a written decision certifying
				the Board's answer to the question submitted, provided the Board shall grant
				any request for a Board hearing on the law which is timely-filed concerning
				such certification. The general provisions of Section
				31-237g-49(a)
				of these regulations to the contrary notwithstanding, there shall be no appeal
				with regard to the Board's certification decision. However, any party aggrieved
				by the Administrator's determination may object to the Board's certification
				decision as part of its appeal from the Administrator's
				determination.
(b) If, in any
				proceeding before the Referee, the Referee has serious doubt as to the
				correctness of any applicable principles previously declared by a Referee or
				the Board, or if there is an apparent inconsistency or conflict in applicable
				final decisions of comparable authority, the Referee may, subsequent to the
				hearing, certify to the Board the Referee's findings of fact in such case
				together with the question of law involved. The Referee shall withhold decision
				pending receipt of the certification decision by the Board. Each such
				certification by a Referee shall be prepared and delivered in accordance with
				Section
				31-237g-13(a)
				of these regulations. The Board shall (1) treat and process each such
				certification pursuant to these regulations in the same manner as an appeal and
				issue the Referee and the parties to such proceeding a written decision
				certifying the Board's answer to the question submitted provided the Board
				shall grant any request for a Board hearing on the law which is timely-filed
				concerning such certification; or (2) pursuant to Section
				31-237g-31 of these regulations
				transfer to itself the entire proceeding and render a decision upon the entire
				case. The general provisions of Section
				31-237g-49(a)
				of these regulations to the contrary notwithstanding, there shall be no appeal
				rights with regard to the Board's certification decision. Unless the Board
				transfers the proceeding to itself, the Referee shall issue a decision in such
				proceeding promptly following receipt of the Board's certification decision.
				Such Referee's decision shall be subject to the appeal rights normally
				applicable to such a decision by the Referee. Any party aggrieved by the
				Referee's decision may object to the Board's certification decision as part of
				its appeal from the Referee's decision.