reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 31 - Labor › 237g - Proceedings on Disputed Matters Pertaining to Unemployment Compensation Claims › Article I - General Provisions › Section 31-237g-9 - Responsibilities of parties; notification upon change of address or name

Current through July 10, 2024
(Statutory reference: §§
									31-237h,
				  21-249c )
It is the responsibility of each party to an appeal before
				  the Appeals Division to keep the specific Appeals Division office involved
				  notified of all changes of such party's name or address, and in the event that
				  such party has, or in the exercise of ordinary prudence should have, reason to
				  believe that it will be difficult for such party to timely receive any
				  correspondence mailed to such party's address to either (1) make private
				  arrangements to insure that such party receives immediate notification as to
				  the content of such correspondence upon the arrival of same at the party's
				  address, or (2) make adequate arrangements with, and acceptable to, the
				  specific Appeals Division office involved, to enable such office to provide the
				  party with timely notice, by telephone or otherwise, as to any aspect of the
				  appeal proceedings.
Connecticut Administrative Code › Title 31 - Labor › 237g - Proceedings on Disputed Matters Pertaining to Unemployment Compensation Claims › Article I - General Provisions › Section 31-237g-10 - Responsibilities of parties; form of documents submitted to the Appeals Division

Current through July 10, 2024
(a) Each motion, request or other written
				document filed with the Appeals Division pursuant to these regulations should,
				unless otherwise specified:
(1) be on a
				separate sheet or sheets of paper independent from other documents;
(2) be typed or legibly printed;
(3) be adequately titled at the top center of
				the document's first page so as to clearly reveal its intended purpose pursuant
				to these regulations;
(4) contain
				sufficient identifying information to describe the file involved including the
				case number; the claimant's name, address, zip code and social security number,
				if applicable; the employer's name, address, zip code and employment security
				registration number, if applicable;
(5) show the name and identity (for example:
				"claimant," "employer," or "Administrator") of the party filing such
				document;
(6) be signed by the
				party filing such document or the attorney or authorized agent for such
				party;
(7) describe on the last
				page when and how a copy of such document was provided to each other party,
				plus the attorney and authorized agent of record for each other such party,
				and, subject to the provisions of subsection (f) of this section, a copy of
				such document should be delivered or mailed postage prepaid to each other such
				party, attorney and authorized agent, including the Administrator, no later
				than the date that such document was filed with the Appeals Division. In the
				event, however, that any such document does not contain such a description of
				the manner in which a copy of such document was provided to the other parties
				and the Appeals Division determines that such document supplements or affects
				the case in a material way, the Appeals Division shall immediately provide a
				copy of such document to each other party and the attorney and authorized agent
				of record for each other such party. An appeal to the Referee, the Board or
				Superior Court need not contain such a description, and a copy of such appeal
				need not be delivered or mailed to each other party, attorney and authorized
				agent.
Connecticut Administrative Code › Title 31 - Labor › 237g - Proceedings on Disputed Matters Pertaining to Unemployment Compensation Claims › Article I - General Provisions › Section 31-237g-12 - Formal pleadings not permitted

Current through July 10, 2024
(Statutory reference: 31-244a)
Except as provided in these regulations, formal pleadings or
				  discovery proceedings such as allowed in other civil proceedings shall not be
				  permitted in appeal proceedings before the Appeals Division.
Connecticut Administrative Code › Title 31 - Labor › 237g - Proceedings on Disputed Matters Pertaining to Unemployment Compensation Claims › Article I - General Provisions › Section 31-237g-13 - Notices from the Appeals Division

Current through July 10, 2024
(a) A copy of each
				written decision or notice issued by the Appeals Division pursuant to these
				regulations shall, unless otherwise specified:
(1) be typed;
(2) be adequately titled at the top center of
				the document's first page so as to clearly reveal its intended purpose pursuant
				to these regulations;
(3) list at
				the top center of the document's first page the address and telephone number of
				the specific Appeals Division office which issued the document;
(4) include the following identifying
				information: the claimant's name, address and social security number, if
				applicable; the employer's name, address and registration number, if
				applicable; the names and addresses of all attorneys and authorized agents of
				record with an indication of the party so represented; the case number and the
				date that such decision or notice was mailed;
(5) list the name and authority of the
				individual issuing such decision or notice;
(6) with regard to decisions, clearly state
				the nature of the decision and contain an announcement of the appeal rights, if
				any, pertaining to such decision;
(7) be mailed by the Appeals Division via
				first class mail postage prepaid simultaneously to all parties, attorneys, and
				authorized agents of record promptly following its preparation, provided that,
				upon request, any party, attorney or authorized agent may obtain any such copy
				at the office of the Appeals Division which issued the decision or notice on
				the same date that such copies are otherwise mailed to all parties, attorneys
				and authorized agents and in such instance the person receiving such
				hand-delivered copy shall sign a receipt for such delivery which shall become a
				part of the file record.
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-14 - Appeal to the Referee; resources

Current through July 10, 2024
(Statutory reference: 31-238, 31-241, 31-249c,
				  31-244a)
The Administrator shall provide, at each Employment Security
				  Office, a copy of these regulations; electronic access to board decisions
				  through an indexing system; any hard copy indexes, manuals, outlines or similar
				  compilations of board decisions that the board maintains; and a sufficient
				  supply of forms prescribed by the Board for the filing of appeals for use by
				  parties desirous of appealing decisions of the Administrator or the Appeals
				  Division.
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-16 - Processing of appeal to the Referee

Current through July 10, 2024
(Statutory reference: 31-237h, 31-238, 31-249c,
				  31-244a)
(a) Each appeal to the
				Referee from a decision of the Administrator shall be filed by the use,
				pursuant to the instructions contained thereon, of the form prescribed for such
				purpose and available at each Employment Security office or by means of a
				document which clearly indicates a desire for appellate review of such decision
				and which should be prepared in substantial compliance with the guidelines set
				forth in Section
				31-237g-10(a)
				of these regulations.
(b)
				Immediately upon receipt of an appeal to the Referee the Employment Security
				office involved shall:
(1) stamp the front
				page of the appeal, and the front page of all supplemental documentation
				accompanying the appeal, to indicate the date and the office where such appeal
				was filed;
(2) if necessary,
				forward such appeal, and all documentation accompanying the appeal, to the
				Employment Security office maintaining the file records concerning the
				Administrator's decision involved.
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-17 - Scheduling of hearing; intrastate; interstate; telephone hearing; notice of hearing

Current through July 10, 2024
(Statutory reference: 31-237j, 31-242, 31-244a)
(a) Upon receipt of an intrastate appeal to
				the Referee Section from a determination of the Administrator, the Referee
				Section shall assign the appeal a case number and promptly schedule a hearing
				upon such appeal at a location and in a manner that is reasonably convenient
				for the parties. In the scheduling of such hearings primary consideration shall
				be given to the goal of prompt disposition of appeals, the normal hours, days
				of the week and locations established for conducting such hearings, the
				proximity of the hearing location to the Employment Security office where the
				initial claim for benefits was filed and the administrative limitations and
				needs of the Referee Section, but hearings may be scheduled at such times,
				dates, places and in such manner as the Referee Section deems necessary to give
				each party a reasonable opportunity for a fair hearing. To the extent
				practicable and reasonable under the circumstances of each intrastate appeal,
				in-person hearings, whereby all parties and witnesses are expected to be
				physically present at the same hearing location, shall be the preferred manner
				of scheduling and conducting intrastate hearings, but the Appeals Division may,
				on its own initiative or upon the timely request of a party made prior to the
				hearing which shows good cause therefor, make arrangements for conducting a
				telephone hearing on an intrastate appeal whereby some or all of the parties
				and witnesses testify by telephone, subject to the availability of sufficient
				telephone lines at the hearing location. If the referee determines that the
				ends of justice so require, the referee, during the course of the hearing, may
				take by telephone the testimony of any witness not physically present at the
				hearing. For purposes of this section, good cause includes, but is not limited
				to:
(i) Excessive distance to the hearing
				location.
(ii) Physical
				disability.
(iii) Transportation
				difficulties.
(iv) Security
				concerns.
(v) The need for multiple
				witnesses, especially where the requesting party would be unduly burdened or
				where a particular witness is only needed for a discrete issue.
(vi) Testimony will be taken only on a
				procedural issue or issue of marginal relevance.
(vii) A party has previously suffered extreme
				inconvenience in connection with the scheduling of the hearing.
In any circumstance in which a party would be entitled to a
				  postponement, the appeals division shall not deny the party the right to
				  participate by telephone unless it offers the party a postponement.
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-18 - Rescheduling; postponements

Current through July 10, 2024
(a) Due to existing
				requirements for the prompt disposition of unemployment compensation appeals, a
				hearing scheduled before a Referee may, for good cause, be rescheduled by the
				Appeals Division to another date, time or location only upon the initiative of
				the Appeals Division or upon a request from a party, or the attorney or
				authorized agent for such party, which reveals good cause for such request.
				Such a request need not be in writing, but shall be promptly made as far as
				possible in advance of the scheduled hearing and describe the good cause
				alleged for the request. Such a request should be made to the Appeals Division
				office which issued the notice of hearing. The Appeals Division may require
				that the reasons given in oral rescheduling requests be subsequently confirmed
				in writing or sworn affidavit by the party, attorney, or authorized agent who
				made the request. The appeals division may deny any request that is not based
				upon good cause or that is not timely made. Each authorized agent that
				represents parties for a fee shall comply with Section
				31-272-4 of
				the Regulations of Connecticut State Agencies in making such a request. The
				Appeals Division shall, with regard to each such rescheduling request, promptly
				decide the request and record the following in the appeal file:
(1) the person making such request;
(2) the party on whose behalf the
				request was made;
(3) the date and
				time such request was received;
(4) the good cause alleged for such request;
(5) the decision upon such request
				and the reasons therefor;
(6) the
				manner in which such decision was conveyed to the requesting party; and
(7) the name of the Appeals
				Division staff member involved with such communication. The Appeals Division's
				decision denying such a rescheduling request need not otherwise be in
				writing.
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-19 - Stipulations; official notice; consolidated proceedings

Current through July 10, 2024
(a) The parties to a proceeding before a
				Referee may stipulate to agreement upon facts or procedures and the Referee may
				accept such stipulations if the Referee determines such stipulations to be
				consistent with the actual facts, the law and these regulations.
(b) The Referee may take official notice of
				judicially cognizable facts and generally recognized, technical, or scientific
				facts within the Referee's specialized knowledge. Any facts officially noticed
				shall be specifically identified as such in the Referee's decision. Any party
				who (1) is aggrieved by a Referee's decision which incorporates a fact which
				was officially noticed by the Referee but not specifically addressed at the
				Referee's hearing and (2) disputes such fact officially noticed may, pursuant
				to Sections
				31-237g-34
				and
				31-237g-35
				of these regulations, file a Motion to Reopen such case for purposes of
				scheduling a further evidentiary hearing on such case. If the Motion is timely
				filed and specifically alleges such conditions, the Referee shall grant such
				Motion.
(c) For good cause, any
				number of proceedings before the Referee may, at the initiative of the Referee
				or at the request of a party, be consolidated for hearing, review or decision
				provided that the referee notifies the parties of his intention to consolidate
				and the reasons therefor and provides the parties a reasonable opportunity to
				object. A referee's decision to consolidate is not separately appealable but is
				subject to a motion to reopen or may be made an additional ground for appeal
				from the referee's final decision on the merits. For purposes of this
				subsection, good cause includes but is not limited to:
(1) the facts and circumstances of each case
				are substantially similar,
(2) the
				legal issues are related
(3) such
				consolidation will not unduly complicate the issues involved,
(4) consolidation will aid the referee in
				creating a more complete record or resolving complex or significant issues of
				law, and
(5) no substantial right
				of any party will be significantly prejudiced.
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-20 - Request for remand by Administrator

Current through July 10, 2024
(a) After an appeal
				to the Referee is filed, the Referee may, upon the written request of the
				Administrator, remand the appeal to the Administrator for purposes of
				reconsideration by the Administrator provided the request is prepared in
				accordance with Section
				31-237g-10(a)
				of these regulations and the request is received by the Appeals Division office
				involved prior to the mailing of the Referee's decision on such appeal. Such a
				remand may issue without any hearing before the Referee. The general provisions
				of Section
				31-237g-34(a)
				of these regulations to the contrary notwithstanding, a Referee's decision on a
				request for remand by the Administrator is not subject to appeal but may be
				subject to a motion to reopen.
(b)
				A Referee's decision remanding an appeal pursuant to subsection (a) above shall
				be prepared and delivered in accordance with Section
				31-237g-13
				of these regulations and shall include a reference to the request approved, but
				need not otherwise comply with Section
				31-237g-33(b)
				of these regulations. In granting such a request for remand, the Referee may
				retain jurisdiction of the appeal. If the Referee retains jurisdiction, upon
				the issuance of a new determination by the Administrator, the Referee 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 Referee shall not issue a
				decision if all parties to the appeal consent to the withdrawal of the appeal.
				If the Referee does not retain jurisdiction, the Administrator's new
				determination shall inform the aggrieved party of its right to file a new
				appeal from the determination.
(c)
				A Referee's decision denying a request for remand by the Administrator shall
				state the reason for such denial and be either separately prepared and
				delivered in accordance with Section
				31-237g-13(a)
				or incorporated in the Referee's decision on the appeal.
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-21 - Subpoenas

Current through July 10, 2024
(Statutory reference: 31-245, 31-246, 31-247)
(a) The Referee may, upon his own initiative
				or at the request of a party filed pursuant to this section, issue subpoenas to
				compel the attendance of witnesses at any hearing before the Referee for the
				purpose of providing testimony or physical evidence, or both, if the Referee
				determines that his issuance of such subpoena is necessary to fairly adjudicate
				the appeal. Service of such subpoenas shall be made in accordance with
				Connecticut law and, unless otherwise arranged with the requesting party, the
				Appeals Division shall take responsibility for service of each subpoena issued
				by a Referee.
(b) Any party may
				request the Referee to issue a subpoena to compel the attendance at the
				Referee's hearing of any proposed witness for the purpose of providing
				testimony or physical evidence, or both. Such a request need not be in writing,
				but shall be promptly made as far as possible in advance of the scheduled
				hearing. In the absence of a properly issued subpoena, attendance at a
				Referee's hearing by any party or other person is not mandatory. Therefore it
				is the responsibility of each party which intends or desires to examine or
				cross-examine any other party or person to request the issuance of a subpoena
				to insure the attendance of such other party or person at the Referee's
				hearing. The Appeals Division may require that the reasons given in oral
				subpoena requests be subsequently confirmed in writing or sworn affidavit by
				the party, attorney, or authorized agent who made the request. Each request
				should:
(1) reveal the name of each such
				witness and the location, or locations, where each witness can be
				served;
(2) identify and describe
				all physical evidence requested and indicate why it is believed that the
				witness in question has control of such material;
(3) explain why each such witness and item of
				physical evidence is necessary to the Referee's adjudication of the
				appeal;
(4) indicate why such
				witness or physical evidence will be unavailable unless the requested subpoena
				is issued by the Referee.
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-22 - Responsibility of party to present testimony and evidence

Current through July 10, 2024
(a) It is the responsibility of each party to
				present at the hearing before the Referee all witnesses, testimony, evidence
				and argument material to such party's contentions concerning the appeal.
				Testimony and evidence personally presented at the hearing by individuals with
				actual personal knowledge of the facts in question is preferred, provided the
				weight to be afforded such testimony and evidence shall be determined by the
				Referee with consideration to the circumstances of each appeal. Any party, who,
				without good cause, fails to present at the hearing all testimony, evidence and
				oral argument material to such party's contentions concerning the appeal may be
				deemed to have assented to the Referee's decision of the appeal solely on the
				basis of the credible testimony, evidence and oral argument presented at such
				hearing and the records already on file. The Appeals Division may refuse to
				provide, by reopening, remand or otherwise, a further hearing for purposes of
				presenting testimony, evidence or oral argument not presented at the Referee's
				hearing duly scheduled in any case wherein it is determined that, through the
				exercise of due diligence by the party involved, such testimony, evidence or
				argument could have been presented at such hearing and there was no good cause
				for such party's failure to do so.
(b) Immediately upon receipt of the written
				notice of a telephone hearing, it shall be the responsibility of each party to
				such telephone hearing, in addition to the other responsibilities applicable to
				such hearings, to:
(1) pursuant to the
				provisions of Section
				31-237g-10(a)
				of these regulations, mail directly to the Appeals Division office which issued
				the notice and to each other party all proposed documentary evidence or written
				materials which such party wishes to introduce during such hearing;
(2) pursuant to Section
				31-237g-17(b)
				(2) notify the appeals division if it intends to appear in person;
(3) arrange to have all witnesses that such
				party intends to introduce at such hearing present at either (A) the Appeals
				Division office conducting the hearing or (B) the location where such party
				will be participating by telephone in the hearing, or (C) such location as the
				notice directs will be acceptable;
(4) contact the Appeals Division office which
				issued the notice if such party is unable to satisfactorily arrange to have
				that party's witnesses at any of the locations specified in subsection (3)
				above.
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-23 - Responsibility of party to provide interpreter

Current through July 10, 2024
(Statutory reference: 17-137k, 17-137p)
(a) Except as hereinafter provided in
				subsection (b), if any party or witness that such party expects to present at a
				hearing before the Referee cannot adequately speak or understand spoken
				English, it shall be the responsibility of such party to provide at the
				hearing, at such party's own expense, a proficient interpreter who is capable
				of completely and accurately interpreting for such person. The Referee may
				refuse to permit or consider testimony from any person who cannot adequately
				speak or understand spoken English and for whom a capable interpreter has not
				been supplied.
(b) If a deaf person
				is involved in any hearing before the Referee and a capable interpreter for
				such person is not otherwise supplied, the Referee shall request the Commission
				on the Deaf and Hearing Impaired to appoint a qualified interpreter for such
				deaf person throughout such proceeding and shall continue the hearing until
				such interpreter is available to interpret for such deaf person. The Appeals
				Division shall reimburse the Commission on the Deaf and Hearing Impaired for
				the actual cost, including travel expenses, of any interpreter so
				supplied.
(c) The Referee may
				refuse to accept or consider as evidence any document written in a language
				other than English unless such document is interpreted at the hearing by an
				acceptable interpreter or it is accompanied by a correct English translation
				with proof satisfactory to the Referee that such translation is a correct
				translation of the original document.
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-25 - Withdrawals; dismissals

Current through July 10, 2024
(Statutory reference: 31-242)
(a) The appealing party may request
				withdrawal of his appeal to the Referee and upon receipt of such a request the
				Referee shall issue a decision dismissing such appeal pursuant to the request
				provided (1) the request is in writing, (2) the request is voluntary and signed
				by the appealing party or the attorney or authorized agent for such party, (3)
				the request is received by the Appeals Division office involved prior to the
				Referee's issuing a decision on such appeal, and (4) prior to issuing a
				dismissal decision pursuant to such request the Referee may make inquiry, at
				hearing or otherwise, to determine if such request was voluntarily made with
				knowledge of the consequences involved. A withdrawal request received by the
				referee after the issuance of the decision on the appeal may be treated by the
				referee as a motion to reopen his decision.
(b) A dismissal decision issued pursuant to a
				withdrawal request shall be issued in accordance with Sections
				31-237g-13
				and
				31-237g-34(c)
				of these regulations and shall include a reference to the withdrawal request
				granted, but need not otherwise comply with Section
				31-237g-33(b)
				of these regulations. Such a dismissal decision shall become final in
				accordance with Section
				31-237g-34(a)
				of these regulations. If a withdrawal request is not granted by the Referee,
				the Referee shall continue with the normal adjudication of the appeal but
				shall, in the Referee's subsequent decision on the appeal, state the reason for
				the Referee's refusal to grant such withdrawal request.
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-26 - Failure to timely appear at hearing; dismissal

Current through July 10, 2024
(a) A
				party shall be deemed to have failed to timely appear at a scheduled hearing
				before the Referee when such party fails to appear at the location of the
				hearing within 10 minutes after the scheduled time for such hearing. For
				purposes of this section, a party to a telephone hearing shall appear by
				telephoning the designated Appeals Division telephone hearing number within ten
				(10) minutes after the scheduled time for such hearing unless such party
				otherwise appears in person at the Appeals Division office conducting such
				hearing. A party may be deemed to have appeared if any attorney, authorized
				agent or witness appears on behalf of such party within such 10 minutes. Unless
				otherwise stipulated with the consent of the Referee, the Referee's watch or
				timepiece shall be the sole instrument by which timely appearance at the
				hearing is determined.
(b) If the
				appealing party fails to timely appear at a scheduled hearing, the Referee may,
				following a review of the existing record:
(1)
				issue a decision dismissing such appeal, pursuant to subsection (f) hereunder,
				due to the failure of the appealing party to prosecute the appeal, if no error
				is apparent on the face of the record; or
(2) proceed with the hearing and take the
				testimony, evidence and argument put forward by those present, if any, consider
				the documentary record established by the Administrator, and issue a decision
				on the merits of the appeal if the Referee determines that good cause exists
				for doing so. Good cause may include but need not be limited to the following:
(A) a non-appealing party present expressly
				requests to so proceed, provided that in such instance the Referee shall advise
				the requesting party that in the event that another hearing is scheduled on the
				case it will be advisable for such party to again appear and participate at
				such further hearing;
(B) the
				Referee determines, with or without the appearance of any party at the hearing,
				that the documentary record established by the Administrator does not support
				the Administrator's decision appealed from;
(C) the appealing party has appeared for the
				hearing more than 10 minutes past the scheduled starting time but the Referee
				determines that it will nevertheless be administratively feasible to proceed
				with the hearing;
(3)
				reschedule or continue the hearing if the Referee reasonably determines that
				good cause exists for doing so.
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-27 - Untimely appeal; lack of aggrievement; moot appeal; dismissal

Current through July 10, 2024
In any case where the Referee's jurisdiction over the appeal
				  appears to be the preliminary issue due to questions concerning the timeliness
				  of the filing of the appeal, the aggrievement of the appealing party, mootness
				  of the appeal, or any other reason, the Referee shall schedule a hearing upon
				  the appeal but may (1) limit the hearing to such jurisdictional issues and
				  thereafter issue a written decision limited to such issues, provided the
				  Referee shall schedule a further hearing to take evidence and testimony on the
				  remaining issues in the event that the decision rules that the Referee has
				  jurisdiction over the appeal, or (2) schedule a full hearing on all coverable
				  issues and thereafter issue a decision, provided that if the Referee rules that
				  the Referee lacks jurisdiction, the decision shall be limited to the issue of
				  jurisdiction.
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-28 - Hearing record

Current through July 10, 2024
(Statutory reference: 31-244a)
(a) The Referee shall prepare or arrange to
				have prepared, by cassette tape recording or other means susceptible to
				transcription, a complete hearing record of all proceedings at any hearing
				before the Referee. Such hearing record shall be the official hearing
				record.
(b) Any party or witness at
				a hearing before the Referee may arrange for the preparation of a private
				record of such hearing provided:
(1) the
				Referee may at any time refuse to permit or may order such person to
				discontinue the preparation of such private record if the Referee deems the
				preparation of such private record to limit the fairness or effectiveness of
				the hearing on the condition that the Referee state on the hearing record the
				Referee's reasons for such order; and
(2) such private record of the hearing may
				not, except upon the stipulation of all parties and the consent of the Referee,
				be allowed to contravene, supplement or otherwise affect the official hearing
				record prepared by the Referee.
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-29 - Rights of parties at hearing

Current through July 10, 2024
Subject to the authority and control of the Referee and such
				  rights otherwise provided in these regulations, each party at a hearing before
				  the Referee shall have the right to:
(a) present a brief opening statement as to
				such party's position concerning such appeal;
(b) testify on any matter relevant and
				material to the issues involved;
(c) introduce evidence and exhibits relevant
				and material to the issues involved, provided that Sections
				31-237g-22(b)
				and
				31-237g-30(k)
				of these regulations concerning telephone hearings shall govern the
				introduction of documentary evidence at such a telephone hearing;
(d) call and examine any party or witness on
				any matter relevant and material to the issues involved;
(e) cross-examine any opposing party or
				witness on any matter relevant and material to the issues involved even if such
				matter was not covered in direct examination of such party or
				witness;
(f) impeach any
				party;
(g) impeach any witness
				regardless of which party first called such witness to testify;
(h) examine evidence, object to the
				introduction of evidence, object to questions or the responses to questions,
				and object to any aspect of the conduct of the hearing, provided the reason for
				any such objection is specified at the time of the objection;
(i) rebut the evidence and testimony against
				such party;
(j) present oral
				argument on the issues involved;
(k) briefly summarize such party's position
				concerning the appeal at the conclusion of testimony.
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-31 - Transfer to the Board

Current through July 10, 2024
(Statutory reference: 31-248a)
(a) At any time during the pendency of an
				appeal to the Referee and prior to the Referee's decision on such appeal
				becoming final, the Board may, on its own motion or the written request of a
				party or the Referee filed with the Board within such time period, transfer
				such appeal to the Board. Any appeal transferred to the Board shall thereafter
				be treated and processed as an appeal to the Board provided that an appeal
				transferred to the Board prior to a hearing before a Referee shall thereafter
				be scheduled for an evidentiary hearing prior to the issuance of the Board's
				decision upon such transferred appeal. Any such request shall be filed with the
				office of the Referee Section where such appeal is pending and promptly
				thereafter forwarded by such office to the Board.
(b) Any written request pursuant to
				subsection (a) above should be prepared pursuant to Section
				31-237g-10(a)
				of these regulations and should describe all good cause alleged for such
				transfer, which good cause may include, but need not be limited to, one or more
				of the following reasons:
(1) the existence in
				such case of substantially complex questions of fact or law which will require
				extensive testimony and/or consideration;
(2) the ultimate decision issued in such case
				will have significant precendential value;
(3) the case in question is a consolidated
				proceeding or the particular facts and circumstances involved in the instant
				case are representative of a significant number of substantially similar
				cases;
(4) the continuation of the
				case at the referee level may result in substantial harm or prejudice to the
				party;
(5) where a case involving
				related issues or parties is before the board, it would benefit the board to
				consider the cases together and no substantial harm or prejudice will result to
				any party.
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-34 - Decision of the Referee; final date; motion and appeal distinguished

Current through July 10, 2024
(Statutory reference: 31-248)
(a) A Referee's decision on an appeal shall
				become final on the twenty-second (22nd) calendar day after the date on which a
				copy of such decision was mailed to the parties unless prior to said
				twenty-second day:
(1) a party aggrieved by
				the decision files either (A) an appeal to the Board of Review or (B) a motion
				to the Referee to reopen, vacate, set aside or modify such decision;
				or
(2) the Referee, on his own
				motion, reopens, vacates, sets aside or modifies such decision in accordance
				with the terms of Section
				31-237g-35
				of these regulations.
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-35 - Motion to the Referee to reopen, vacate, set aside, or modify

Current through July 10, 2024
(Statutory reference: 31-248)
(a) The Referee may, within the time limits
				set forth in Section
				31-237g-34
				above, reopen, vacate, set aside or modify a decision on an appeal if the
				Referee determines, for good cause shown, that new evidence or the ends of
				justice so require. Each motion to reopen, vacate, set aside or modify a
				Referee's decision on an appeal shall be filed by means of a typed or legibly
				printed statement which should:
(1) be
				clearly entitled at the top center of the front page "Motion to the Referee to
				Reopen," "Motion to the Referee to Vacate," "Motion to the Referee to Set
				Aside," or "Motion to the Referee to Modify," as the case may be;
(2) describe all the reasons and good cause
				for such motion and, if new evidence is alleged as such a reason, the following
				should be further specified:
(A) the identity
				and nature of such alleged new evidence;
(B) the reason why such alleged new evidence
				was not presented at the hearing previously scheduled; and
(C) the reason why such alleged new evidence
				is material to the case;
(3) otherwise follow the guidelines set forth
				in Section 31-237g-10(a) of these regulations.
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-36 - Appeal to the Board; form; processing

Current through July 10, 2024
(Statutory reference: 31-249, 31-249a)
(a) Each appeal to the Board from a Referee's
				decision on an appeal should be filed by the use, pursuant to the instructions
				contained thereon, of the form prescribed by the Board for such purpose and
				made available by the Administrator at each Employment Security office, or by
				means of a document which should:
(1) be
				entitled, at the top center of the first page: "APPEAL TO THE BOARD OF
				REVIEW";
(2) be prepared in
				accordance with Section
				31-237g-10(a)
				of these regulations.
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-37 - Appeal to the Board; recommended content; reasons

Current through July 10, 2024
Each appeal should clearly describe all reasons for the
				  appeal. Any disagreement with the Referee's findings of fact, procedural
				  conduct of the hearing, or stated conclusions of law should be specified, and
				  the alleged importance to the case of each such disagreement should be
				  explained. The Board shall review the file record in consideration of every
				  timely-filed appeal, and thereafter issue a written decision addressing the
				  factual and legal claims stated in such appeal.
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-38 - Appeal to the Board; optional content; written argument

Current through July 10, 2024
Each appeal may include, under the separate heading of
				  "WRITTEN ARGUMENT," such further statements, summarizations or written argument
				  that such party wishes the Board to consider concerning such appeal. The Board
				  shall consider all such arguments contained in each timely-filed appeal prior
				  to issuing a decision on such appeal. Such written argument may supplement, but
				  not serve in lieu of, testimony and evidence presented under oath at the
				  hearing duly scheduled upon an appeal, and in no event will evidentiary
				  allegations contained in written argument be considered or treated by the Board
				  as testimony or evidence.
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-39 - Appeal to the Board; optional content; request for decision by the full Board

Current through July 10, 2024
Each appeal may include, under the separate heading of
				  "REQUEST FOR DECISION BY THE FULL BOARD," a statement requesting that the full
				  three-member Board decide the appeal, and the full three-member Board shall
				  decide each timely-filed appeal containing such specific
				  request.
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-40 - Appeal to the Board; optional content; request for Board hearing; supplementing the record

Current through July 10, 2024
(Statutory reference: 31-249)
(a) The Board usually decides appeals on the
				basis of the record established before the Referee, and does not generally
				conduct further hearings to take additional evidence or testimony, rehear
				evidence and testimony already presented to a Referee, or hear oral argument.
				However, if the Board determines that the ends of justice so require, the Board
				may order that a further hearing be scheduled before the Board or a Referee for
				such purposes as the Board may direct. Circumstances in which the Board may
				reach such a determination on any appeal may include, but are not limited to,
				the following:
(1) the findings of fact
				contained in the decision appealed from are silent, incomplete, or erroneous on
				factual issues material to the review of the case;
(2) the existence of substantially complex,
				significant or unusual issues of fact or law which are material to the review
				of the case;
(3) the procedural
				conduct of the Referee's hearing appears to have materially denied any party a
				fair hearing;
(4) for good cause
				shown, evidence or testimony material to the case was not presented at the
				hearing previously scheduled;
(5)
				the case is a consolidated proceeding;
(6) the ultimate decision will have
				significant precedential value.
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-41 - Untimely appeal; lack of aggrievement; moot appeal; dismissal

Current through July 10, 2024
Upon receipt of any appeal over which the Board determines it
				  has no jurisdiction due to (1) the untimely filing of the appeal; (2) lack of
				  aggrievement on the part of the appealing party; (3) mootness of the appeal; or
				  (4) any other reason, the Board shall assign such appeal a case number and,
				  unless the Board determines that a hearing is necessary, thereafter issue a
				  decision dismissing such appeal. The Board's determination of such
				  jurisdictional issues may be based solely upon review and consideration of the
				  records concerning such jurisdictional issues. Such dismissal decisions shall
				  contain findings of fact and conclusions of law concerning the jurisdictional
				  issues involved and otherwise comply with Section
				  31-237g-48
				  except that such dismissal decisions need not comply with subsections
				  31-237g-48(b)
				  (4), 31-237g-48(b) (6), or 31-237g-48(b) (7). The Board may, at any time during
				  the pendency of an appeal before it, issue, pursuant to this section of these
				  regulations, a decision dismissing the appeal if the Board determines such
				  appeal to be moot.
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-42 - Timely appeal to the Board; notice of appeal

Current through July 10, 2024
(a)
				Upon receipt by the Board of a timely filed appeal from a Referee's decision,
				the Board shall assign such appeal a case number and promptly mail to all
				parties a written notice of appeal which shall acknowledge the Board's receipt
				of such appeal, provide a copy of such appeal to the non-appealing parties, and
				contain an announcement of the rights of each party pursuant to subsection (b)
				below.
(b) Any party may, within
				ten (10) days following mailing of the notice of appeal pursuant to subsection
				(a), file with the Board written argument in accordance with Section
				31-237g-38,
				a request for decision of such appeal by the full Board in accordance with
				Section
				31-237g-39,
				or a request for a Board hearing in accordance with Section
				31-237g-40.
				All such correspondence should be prepared and delivered in accordance with
				Section
				31-237g-10(a)
				of these regulations. Any such documents timely filed with the Board shall be
				included and treated in the Board's review and consideration of the appeal. Any
				such documents filed beyond such time period will also be considered if it is
				possible to do so before issuance of the Board's decision.