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-24 - Disqualification of Referee

Current through July 10, 2024
(Statutory reference: 31-242)
(a) A Referee shall voluntarily disqualify
				himself and withdraw from participating in any proceeding or decision on an
				appeal if such Referee has any interest in the appeal or in the business of any
				party to the appeal or in the business of any attorney or authorized agent for
				such party.
(b) A challenge to the
				interest of the Referee may be made by any party to the appeal, or the attorney
				or authorized agent for such party, by way of a request to the Referee to
				disqualify himself. Such a request may be oral or written but each request
				shall specifically describe all reasons for the request. Each such request
				shall be made as soon as the alleged interest on the part of the Referee is
				reasonably discoverable and, in all cases, prior to the mailing of the
				Referee's decision on the appeal. The Referee shall promptly decide each such
				request. Such decision need not be in writing but if the request is granted,
				the Referee shall so notify all parties and no further proceedings shall occur
				with regard to such file until a different Referee is substituted to decide the
				appeal. If the request is denied, the requesting party shall be notified and
				thereby have the option of either proceeding with the case before the Referee
				involved or immediately electing to file a challenge to the interest of such
				Referee with the Chairman of the Board and the requesting party shall be so
				notified of such option at the time such party is notified of the denial of the
				initial request. If the requesting party elects to then proceed with the case
				rather than file such a challenge, that party is not deemed to have waived any
				claim that such party may have concerning interest on the part of the Referee
				but may make such claim an additional ground of appeal from the final decision
				of the referee on the merits. If the requesting party elects to respond to the
				denial of such request by filing a challenge to the interest of the Referee
				with the Chairman, that party shall so inform the Referee and, within ten (10)
				days of the date of the Referee's denial of the request, file with the Chairman
				a written document which shall be titled "Challenge to the Interest of the
				Referee," prepared and delivered in accordance with Section
				31-237g-10(a)
				of these regulations, and specifically describe all reasons for such challenge.
				Any requesting party who elects to file such a challenge but fails to timely
				file such challenge may be deemed to have waived such challenge. If a
				requesting party elects to file such a challenge, no further proceedings shall
				occur with regard to such file until such challenge is decided by the Chairman
				or otherwise waived. The Chairman shall promptly decide each such challenge on
				the basis of the written challenge and issue a written decision thereon
				provided the Chairman may schedule an evidentiary hearing upon such challenge
				before issuing such decision. If the Chairman grants the challenge, the appeal
				shall be transferred to another Referee. If the Chairman denies the challenge,
				proceedings on the appeal shall recommence before the Referee involved. The
				party that filed the challenge may petition for review of a decision by the
				Chairman denying such challenge but only as a part of any subsequent petition
				which address the Referee's eventual decision on the appeal by way of either an
				appeal to the Board or a motion to the Referee to reopen, vacate, set aside or
				modify.
(c) The mere fact that a
				Referee may have already heard an appeal does not, in itself, constitute
				sufficient interest in the proceedings which would preclude such Referee from
				hearing such appeal again upon remand from higher authority. The mere fact that
				a Referee may have previously decided a case involving one or more parties to
				an appeal pending before that Referee does not, in itself, constitute
				sufficient interest in the proceedings which would preclude such Referee from
				hearing the pending appeal.