reglab/statecodes huggingface dataset:
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-43 - Withdrawals; dismissal

Current through July 10, 2024
(a) The appealing
				party may request withdrawal of his appeal to the Board and the Board may issue
				a decision dismissing such appeal pursuant to such withdrawal 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 Board prior to the Board's issuing a decision on
				such appeal, (4) the Board does not find the decision appealed from to be
				clearly inconsistent with the law or precedent, and (5) prior to issuing a
				dismissal decision pursuant to such request, the Board may make inquiry, at
				hearing or otherwise, to determine if such request was voluntarily made with
				knowledge of the consequences. A withdrawal request received by the board after
				the issuance of a decision on the appeal may be treated by the board as a
				motion to reopen its decision.
(b)
				A dismissal decision issued pursuant to a withdrawal request shall be issued in
				accordance with Section
				31-237g-13
				of these regulations and shall include a reference to the withdrawal request
				approved and the authority for such approval but need not otherwise comply with
				Section
				31-237g-48(b)
				of these regulations. Such dismissal decision shall become final in accordance
				with Section
				31-237g-49(a)
				of these regulations. If a withdrawal request is not approved by the Board, the
				Board shall continue with the normal adjudication of the appeal but shall, in
				the Board's subsequent decision on such appeal, state the reasons for the
				Board's refusal to approve such withdrawal 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-44 - Stipulations; official notice; consolidated proceedings

Current through July 10, 2024
(a) The parties to a proceeding before the
				Board may stipulate to facts or procedures, and the Board may accept such
				stipulations if the Board determines such stipulations to be consistent with
				the actual facts, the law and these regulations.
(b) The Board may take official notice of
				judicially cognizable facts and generally recognized, technical, or scientific
				facts within the Board's specialized knowledge. Any facts officially noticed
				shall be specifically identified as such in the Board's decision. Any party who
				(1) is aggrieved by a Board decision which incorporates a fact which was
				officially noticed by the Board but not specifically addressed at a hearing and
				(2) disputes such fact officially noticed may, pursuant to Sections
				31-237g-49
				and
				31-237g-50
				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 Board shall grant such
				motion.
(c) For good cause, any
				number of proceedings before the Board may, at the initiative of the Board or
				at the request of a party, be consolidated for hearing, review or decision,
				provided that the board notifies the parties of its intention to consolidate
				and the reasons therefor and provides the parties a reasonable opportunity to
				object. A board 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 board'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 board in
				creating a more complete record or resolving complex or significant issues of
				fact or 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 III - Appeals to the Board › Section 31-237g-45 - Disqualification of Board members; assignment of alternative members

Current through July 10, 2024
(Statutory reference: 31-237f; P.A. 87-468)
(a) A Board member shall voluntarily
				disqualify himself and withdraw from participating in any proceeding or
				decision on an appeal before the Board if such member has any direct or
				indirect interest in such appeal.
(b) A challenge to the interest of any Board
				member may be made by any party to the proceeding, or the attorney or
				authorized agent for such party, by a written petition which should (1) be
				prepared and filed with the Board in accordance with Section
				31-237g-10(a)
				of these regulations; (2) be entitled "Challenge to the Interest of a Member of
				the Employment Security Board of Review"; and (3) state the grounds for such
				challenge. Unless the challenge is terminated by voluntary disqualification,
				upon receipt by the Board of Review of such a petition, the Board shall mail
				the original petition to the clerk of the appropriate Superior Court and shall
				mail copies of such petition to each other party to the proceeding. Such
				challenge may be claimed for short calendar and shall be decided by the
				Superior Court. If the challenge is upheld, the Administrator shall so advise
				the Governor, and the Governor shall, in accordance with Section
				31-237f
				of the Connecticut General Statutes, assign an alternate member appointed
				pursuant to Section
				31-237c
				of the Connecticut General Statutes, provided the Staff Assistant shall, as
				Acting Chairman, substitute for the Chairman. Until such challenge is
				withdrawn, decided or otherwise terminated in accordance with this section, no
				proceedings shall occur at the Board with regard to such file.
(c) Whenever a Board member is disqualified
				pursuant to subsection (a) or (b) of this section, an alternate Board member,
				appointed pursuant to Section
				31-237c
				of the Connecticut General Statutes and Section
				31-237g-2(b)
				of these regulations, shall serve in place of such Board member.
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-46 - Extension of time to file written argument

Current through July 10, 2024
(a) The
				Board lacks authority to waive or extend the statutory time limits for the
				filing of appeals or motions to the Board, and is furthermore obligated to
				adjudicate appeals promptly. However, after an appeal, motion, request or
				similar correspondence is timely filed to the Board, and before a decision upon
				such appeal, motion, request or correspondence is issued, the Board, on its own
				initiative, or upon the request from a party to such proceeding or the attorney
				or authorized agent for such party, may grant a limited extension of time in
				which to file further written argument on such appeal, motion, request or
				correspondence if the Board determines that good cause exists for granting such
				extension. Such requests need not be in writing, but shall explain all reasons
				alleged for the request and should state the proposed limit for the time
				extension requested. The decision on such request shall be recorded in the file
				record but need not otherwise be in writing.
(b) In the event that an extension request
				filed pursuant to subsection (a) above is granted, the party involved shall
				file such written argument in accordance with the provisions of Section
				31-237g-10(a)
				of these regulations.
(c) Any
				request to supplement the record shall be governed by Section
				31-237g-40(e)
				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-49 - Decision of the Board; final date; motions and appeal distinguished

Current through July 10, 2024
(Statutory reference: 31-249a)
(a) The Board's decision on an appeal shall
				become final on the thirty-first (31st) calendar day after the date on which a
				copy of such decision was mailed to the parties unless, prior to said
				thirty-first day:
(1) a party aggrieved by the
				decision files (A) an appeal to the Superior Court on such decision, or (B) a
				motion to the Board to reopen, vacate, set aside or modify such decision;
				or
(2) the Board, on its own
				motion, reopens, vacates, sets aside or modifies such decision in accordance
				with the terms of Section 31-237g-50 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-50 - Motion to the Board to reopen, vacate, set aside, or modify; motion for articulation

Current through July 10, 2024
(Statutory reference: 31-249a)
(a) The Board may reopen, vacate, set aside
				or modify a Board decision on an appeal if the Board 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 Board 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 Board to reopen," "Motion to the Board to
				vacate," "Motion to the Board to set aside," or "Motion to the Board to
				modify," as the case may be, and otherwise comply with Section
				31-237g-10(a)
				of these regulations;
(2) describe
				all 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;
(C) the reason why such
				alleged new evidence is material to the case.
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-51 - Appeal to Superior Court

Current through July 10, 2024
(Statutory reference: 31-249b)
(a) Each appeal petition to the Superior
				Court from the Board's decision on an appeal shall be filed by the use,
				pursuant to the instruction contained thereon, of a 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 shall:
(1) state the grounds on which judicial
				review of the Board's decision is sought;
(2) consist of the original petition plus
				five (5) copies; and should
(3) be
				clearly entitled at the top center of the front page "appeal to superior court
				from decision of the employment security board of review" and otherwise
				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-51a - Motion to correct findings

Current through July 10, 2024
(Statutory Reference: 31-249b; Practice Book Secs. 515A-518
				  )
(a) A party seeking to have the
				findings of fact of the Board corrected must file a motion to correct findings
				of fact with the Board. Such motion must be filed within two weeks of the
				Board's filing of the record of an appeal to the Superior Court. A party may,
				within such two-week period, seek an extension of time for the filing of such a
				motion, and the Board shall grant an extension where the moving party indicates
				that it has filed with the Superior Court a request that the Board prepare a
				transcript of the hearings before the Referee and the Board or otherwise
				demonstrates good cause for its request. The Board shall deny an untimely
				request for an extension of time unless the moving party demonstrates good
				cause for failing to file its request within the two-week period. For purposes
				of this provision, good cause shall include such factors listed in Section
				31-237g-49
				of these regulations as may be relevant. The moving party should indicate in
				and attach to its motion such portions of the evidence, including relevant
				portions of the transcript, which support each correction sought.
(b) Upon receipt of a motion to correct
				findings, the Board shall provide each adverse party notice of the filing of
				the motion. Each adverse party shall have seven (7) calendar days from the
				mailing of the Board's notice in which to file with the Board objections to the
				motion to correct. Any objecting party may file with the Board additional
				evidence which it believes is relevant and material to the motion to
				correct.
(c) Upon expiration of the
				time provided for filing objections, the Board shall issue a written decision
				on the motion to correct. The Board shall certify to the Court the motion, any
				objection thereto, and the Board's decision. If the Board denies the motion to
				correct in whole or in part, and the denial is made an additional ground of
				appeal to the Court, the Board shall certify to the Court all evidence and
				transcripts, not previously certified, which the Board deems relevant and
				material.
(d) Any party to the
				appeal may file claims of error concerning the Board's decision on a motion to
				correct the finding. Such claims shall be filed with the Court within two weeks
				from the date on which the Board's decision on the motion to correct was mailed
				to the party making the claim and shall contain a certification that a copy
				thereof has been served on the Board and on each other party to the appeal in
				accordance with Sec. 120 of the Practice Book.
The appellant shall include his or her claims of error in the
				  appeal petition unless they are filed subsequent to the filing of that
				  petition, in which case they shall be set forth in an amended
				  petition.
Connecticut Administrative Code › Title 31 - Labor › 237g - Proceedings on Disputed Matters Pertaining to Unemployment Compensation Claims › Article IV - Hearings Before the Board › Section 31-237g-52 - Scheduling; telephone hearings; notice of hearing

Current through July 10, 2024
(Statutory reference: 31-244a, 31-249)
(a) If the Board determines that a hearing
				should be held by the Board, it shall promptly schedule such hearing at its
				office or such other location as the Board may deem appropriate, and at a date
				and time reasonable and suitable to the Board. 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, and the administrative limitations and needs of the
				Board, but hearings may be scheduled at such times, dates, places and in such
				manner as the Board deems necessary to give each party a reasonable opportunity
				for a fair hearing. Hearings before the Board may be scheduled and conducted
				for such limited purposes as the Board may direct, and the Board may limit the
				hearing exclusively to oral argument.
(b) 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 Board may, on the initiative of the Board 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 the testimony of some or all of the parties and witnesses is
				taken by telephone, subject to the availability of sufficient telephone lines
				at the hearing location. If, during the course of the hearing, the board
				determines that the ends of justice so require, the board may take the
				testimony of any witness not present at the hearing by telephone. 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 unfairly 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 circumstances 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 IV - Hearings Before the Board › Section 31-237g-53 - Rescheduling; postponements

Current through July 10, 2024
(a) A hearing
				scheduled by the Board may, for good cause, be rescheduled to another date,
				time or location at the initiative of the Board or upon the request of 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 hearing and shall describe the good
				cause alleged for the request. Such a request should be made to the office
				which issued the notice of hearing. The Board may request 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 Board shall, with regard to each such rescheduling request,
				promptly decide upon 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 Board may deny any request that is
				not based upon good cause or that is not timely made. The Board 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 IV - Hearings Before the Board › Section 31-237g-54 - Subpoenas

Current through July 10, 2024
(Statutory reference: 31-245, 31-246, 31-247)
(a) The Chairman may, at his own initiative,
				upon the request of either of the other two Board members, 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 Board for the purpose of
				providing testimony or physical evidence, or both, if the Chairman determines
				that the issuance of such subpoena is necessary to fairly adjudicate the
				appeal, provided the Chairman shall in no event be required to issue a subpoena
				if the Chairman determines that the issuance of same would constitute an abuse
				of process or be otherwise improper. Service of such subpoenas shall be made in
				accordance with Connecticut law and, unless otherwise arranged with the
				requesting party, the Board shall take responsibility for service of each
				subpoena issued by the Chairman. If a Referee is delegated to conduct a Board
				hearing, the Referee shall have such subpoena authority with regard to such
				hearing as is set forth in Section
				31-237g-21
				of these regulations.
(b) Any party
				may request the Chairman to issue a subpoena to compel the attendance at the
				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 Board hearing by any
				party or other person is not mandatory and 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 Board's hearing. The Chairman 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 witness and item of physical evidence is necessary to the
				Board's adjudication of the appeal;
(4) indicate why such witness or physical
				evidence will be unavailable unless the requested subpoena is issued by the
				Chairman.
Connecticut Administrative Code › Title 31 - Labor › 237g - Proceedings on Disputed Matters Pertaining to Unemployment Compensation Claims › Article IV - Hearings Before the Board › Section 31-237g-55 - Failure to timely appear at hearing

Current through July 10, 2024
(a) A party shall
				be deemed to have failed to timely appear at a scheduled hearing before the
				Board when such party fails to appear at the location of the hearing within 10
				minutes of 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 of 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 an attorney, authorized agent or witness appears on behalf of such party
				within such 10 minutes. Unless otherwise stipulated with the consent of the
				Board, the watch or timepiece of the Chairman, or the person to whom the
				Chairman has pursuant to these regulations delegated the authority to conduct
				the hearing, shall be the sole instrument by which timely appearance at the
				hearing is determined.
(b) If any
				party fails to appear the Board may:
(1)
				proceed with the hearing and take the evidence and argument put forward by the
				parties present; or
(2) reschedule
				or continue the hearing if the Board reasonably determines that good cause
				exists for doing so, which good cause may include but need not be limited to
				defective notice of hearing; or
(3)
				decide the case on the basis of the existing record without proceeding with the
				hearing except that if the appearing party shows good cause for proceeding with
				the hearing, the Board shall take the evidence and argument put forward by the
				parties present.
Connecticut Administrative Code › Title 31 - Labor › 237g - Proceedings on Disputed Matters Pertaining to Unemployment Compensation Claims › Article IV - Hearings Before the Board › Section 31-237g-56 - Responsibility of party to present testimony and evidence

Current through July 10, 2024
(a) Subject to the Board's right to determine
				the scope of the hearing and to control the admission of testimony and
				evidence, it is the responsibility of each party to present at the hearing
				before the Board 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
				accorded such testimony and evidence shall be determined by the Board 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 Board'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 Board 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 Board'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 the hearing, 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, all proposed documentary evidence or written materials which such
				party wishes to introduce during such hearing;
(2) Pursuant to Section
				31-237g-52(c)
				notify the Board 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 IV - Hearings Before the Board › Section 31-237g-57 - 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 Board 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 Board 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 Board and a capable interpreter for such
				person is not otherwise supplied, the Board shall request the Commission on the
				Deaf and Hearing Impaired to appoint a qualified interpreter 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
				Board 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 Board 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 IV - Hearings Before the Board › Section 31-237g-58 - Hearing record

Current through July 10, 2024
(Statutory reference: 31-244a)
(a) The Board 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 Board. Such hearing record shall be the official hearing
				record.
(b) Any party or witness at
				a hearing before the Board may arrange for the preparation of a private record
				of such hearing provided:
(1) the Chairman may
				at any time refuse to permit or may order such person to discontinue the
				preparation of such private record if the Chairman deems the preparation of
				such private record to limit the fairness or effectiveness of the hearing on
				the condition that the Chairman state on the record the Chairman's reasons for
				such order;
(2) such private record
				of the hearing may not, except upon the stipulation of all parties and the
				consent of the Chairman, be allowed to contravene, supplement or otherwise
				affect the official hearing record prepared by the Board.
Connecticut Administrative Code › Title 31 - Labor › 237g - Proceedings on Disputed Matters Pertaining to Unemployment Compensation Claims › Article IV - Hearings Before the Board › Section 31-237g-59 - Rights of parties at hearings

Current through July 10, 2024
Subject to the authority and control of the Chairman, such
				  rights otherwise provided in these regulations, and the limited purposes for
				  which the hearing may be scheduled, parties to a hearing before the Board 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 the provisions 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) object to questions, the introduction of
				evidence, or 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. For purposes of this
				section, the term Chairman shall include any person to whom the Chairman has,
				pursuant to these regulations, delegated the authority to conduct the
				hearing.
Connecticut Administrative Code › Title 31 - Labor › 237g - Proceedings on Disputed Matters Pertaining to Unemployment Compensation Claims › Article IV - Hearings Before the Board › Rules of Procedure for Declaratory Ruling › Section 31-237g-102 - Scope of regulations on declaratory rulings

Current through July 10, 2024
(a)
Appropriate Subjects for Declaratory Rulings
.
Sections
					 31-237g-101 to
					 31-237g-107,
					 inclusive, set forth the rules of the Employment Security Board of Review
					 governing the form and content of petitions for declaratory rulings and agency
					 proceedings on such petitions. Petitions for declaratory rulings may be filed
					 as to:
(1) the validity of any
				  regulation, or
(2) the
				  applicability to specified circumstances of a provision of the Connecticut
				  General Statutes, a regulation, or a final decision on a matter within the
				  jurisdiction of the Board. Any petition for a declaratory ruling not addressed
				  to one of these two categories will be rejected in writing by the Board as not
				  being the proper subject for a declaratory ruling.
Connecticut Administrative Code › Title 31 - Labor › 237g - Proceedings on Disputed Matters Pertaining to Unemployment Compensation Claims › Article IV - Hearings Before the Board › Rules of Procedure for Declaratory Ruling › Section 31-237g-103 - Form and content of petitions

Current through July 10, 2024
(a)
General.
All petitions for declaratory rulings must be addressed
				  to the Board of Review and either mailed or hand delivered to the Board's
				  office. All petitions must be signed by the person filing the petition, unless
				  represented by an attorney or authorized agent, in which case the agent or
				  attorney may sign the petition. The petition must include the address and
				  telephone number of the person filing the petition and of the agent or
				  attorney, if applicable.
(b)
Petitions on Validity of Regulations.
A petition for a declaratory
				  ruling on the validity of a regulation must contain the following:
(1) the section number and text of the
				  regulation;
(2) the specific basis
				  for the claim of invalidity of the regulation;
(3) any argument by the petitioner in support
				  of the claim of invalidity, with a suggested remedy;
(4) a detailed statement addressing the
				  factors listed in section
				  31-237g-107(b)
				  of these regulations; and
(5) a
				  statement of the reason the petition is filed with the Board of Review. Any
				  petition which merely requests a ruling on the validity of the regulation but
				  which does not contain a detailed claim of invalidity, will be rejected by the
				  Board as incomplete.
Connecticut Administrative Code › Title 31 - Labor › 237g - Proceedings on Disputed Matters Pertaining to Unemployment Compensation Claims › Article IV - Hearings Before the Board › Rules of Procedure for Declaratory Ruling › Section 31-237g-104 - Notice by board of receipt of petition

Current through July 10, 2024
(a)
Persons to Receive Notice.
In addition to the notice required to
				  be given by the petitioner in section
				  31-237g-103(d)
				  of these regulations, the Board shall, within thirty (30) days after the
				  receipt of such petition, provide written notice of the filing of the petition
				  (1) to all persons required by law to receive notice, (2) to all persons who
				  have requested notice of the filing of such petitions on the subject matter of
				  the petition, (3) to all persons who have requested notice of the filing of any
				  petitions with the agency, (4) the petitioner and (5) the Administrator. The
				  notice required by this section shall not be required where the agency has
				  rejected the filing of a petition as inappropriate or incomplete in accordance
				  with section
				  31-237g-102
				  or subsections (b) or (c) of section
				  31-237g-103
				  of these regulations. If the Board initiates a declaratory ruling proceeding,
				  notice containing the specific statute, regulation, or final decision and the
				  issue under consideration will be given to the persons indicated
				  above.
(b)
Content of
				  Notice.
The notice issued by the Board will advise recipients that a
				  person may file a motion to become a party or intervenor within forty-five (45)
				  days of the date of filing of the petition. If a motion sets forth facts
				  demonstrating that the proposed party satisfies the requirements of section
				  31-237g-105(c)
				  of these regulations, the Board may grant the motion to become a party. If the
				  motion satisfies the requirements of section
				  31-237g-105(d)
				  of these regulations, the Board may grant intervenor status. The notice will
				  contain a statement that, within ten (10) days of the issuance of the Board's
				  notice, a party or intervenor may request a hearing on the subject matter of
				  the petition for a declaratory ruling. Such a request should describe the
				  evidence or argument proposed to be introduced into the record and should
				  explain the significance of such evidence or argument to the proceeding. The
				  notice will also provide that any party or intervenor will have ten (10) days
				  following the issuance of the notice to submit written argument. Any party or
				  intervenor may request an extension of the time for filing written argument or
				  request additional time in which to file a rebuttal. Argument filed beyond the
				  time allowed will be considered if it is possible to do so before the Board
				  issues its decision.
Connecticut Administrative Code › Title 31 - Labor › 237g - Proceedings on Disputed Matters Pertaining to Unemployment Compensation Claims › Article IV - Hearings Before the Board › Rules of Procedure for Declaratory Ruling › Section 31-237g-105 - Procedural rights of persons with respect to declaratory rulings

Current through July 10, 2024
(a)
Petitioner as Party.
The
				  petitioner is automatically a party to any proceeding on the petition by virtue
				  of having filed the petition and need not seek designation as a party from the
				  Board.
(b)
Administrator as
				  Party.
The Administrator is automatically a party to any declaratory
				  ruling proceeding before the Board and need not seek designation as a party
				  from the Board.
(c)
Additional Parties.
Any person, whether or not in receipt of
				  notice of the petition, may file a motion to become a party within forty-five
				  (45) days from the date of filing of the petition. If the motion to become a
				  party sets forth facts demonstrating that the person's legal rights, duties or
				  privileges will be specifically affected by the declaratory ruling to be
				  issued, the Board may grant the motion and designate the person as a party. The
				  Board will issue a ruling on such motion to the person filing the motion, the
				  parties, and any intervenors. A copy of the notice provided in section
				  31-237g-104(a)
				  of these regulations will be included with any ruling granting a person the
				  status of a party. Pursuant to section
				  31-237g-104(b)
				  of these regulations, persons granted the status of a party are entitled to
				  request a hearing and to submit written argument.
(d)
Intervenors.
Any person,
				  whether or not in receipt of notice of the petition, may file a motion to
				  become an intervenor within forty-five (45) days from the date of filing of the
				  petition. If the motion sets forth facts demonstrating that the proposed
				  intervenor's participation is in the interest of justice and will not disrupt
				  the orderly conduct of the proceedings, the agency may grant the motion and
				  designate the person as an intervenor. In addition, any person whose motion for
				  designation as a party is denied may be granted intervenor status if the
				  granting of such status is in the interest of justice and will not disrupt the
				  orderly conduct of the proceedings. The Board will issue a ruling on such
				  motion to the person filing the motion, the parties, and any intervenors. A
				  copy of the notice provided in section
				  31-237g-104(a)
				  of these regulations will be included with any ruling granting a person the
				  status of intervenor. Pursuant to section
				  31-237g-104(b)
				  of these regulations, persons designated as intervenors are entitled to submit
				  written argument or request a hearing. The Chairman may restrict the rights of
				  an intervenor in the proceeding so as to promote the orderly conduct of the
				  proceeding.
Connecticut Administrative Code › Title 31 - Labor › 237g - Proceedings on Disputed Matters Pertaining to Unemployment Compensation Claims › Article IV - Hearings Before the Board › Rules of Procedure for Declaratory Ruling › Section 31-237g-106 - Board proceedings on petition

Current through July 10, 2024
(a)
Board
				  Action.
Within sixty (60) days after the filing of a complete petition
				  for a declaratory ruling, but, in any case, no sooner than thirty (30) days
				  after the filing of the petition, the Board shall do one of the following, in
				  writing:
(1) issue a declaratory ruling, in
				  accordance with the request in the petition, containing the names of all
				  parties to and intervenors in the proceeding, the particular facts upon which
				  the ruling is based, and the reasons for the conclusions contained
				  therein;
(2) order that the matter
				  be the subject of a hearing as a contested case;
(3) notify the parties and intervenors that a
				  declaratory ruling will be issued by a date certain;
(4) decide not to issue a declaratory ruling
				  and initiate regulation making proceedings; or
(5) decide not to issue a declaratory ruling,
				  stating the reasons for its action.
Connecticut Administrative Code › Title 31 - Labor › 237g - Proceedings on Disputed Matters Pertaining to Unemployment Compensation Claims › Article IV - Hearings Before the Board › Rules of Procedure for Declaratory Ruling › Section 31-237g-107 - Content, form, and effect of declaratory rulings

Current through July 10, 2024
(a)
Decision, Content and Form.
Each declaratory ruling will contain:
(1)
				  citations to the law involved;
(2)
				  the Board's decision on any timely-filed request for a hearing;
(3) a statement of facts stipulated or found
				  by the Board, when necessary for the decision;
(4) the reasons for the decision, including a
				  response to the legal claims raised by the parties;
(5) citations to specific precedents used to
				  support the decision; and
(6) any
				  dissenting or concurring opinion filed by any member of the Board.
Connecticut Administrative Code › Title 31 - Labor › 244 - Appeals and Hearing Procedures › Section 31-244-1a - Definitions

Current through July 10, 2024
(a) "Administrator" means the Labor
			 Commissioner of the State of Connecticut, whose mailing address is 200 Folly
			 Brook Boulevard, Wethersfield, Connecticut 06109, or the Commissioner's
			 designated representative.
(b)
			 "Benefits" means unemployment compensation payable to an individual with
			 respect to such individual's unemployment under Chapter 567 of the Connecticut
			 General Statutes.
(c) "Claimant"
			 means an individual who is filing or has filed a claim for benefits.
(d) "Fact-finding process" means a process
			 initiated by the Administrator, pursuant to Section 31-241 of the Connecticut
			 General Statutes, for the purpose of finding facts necessary to make a
			 determination of eligibility for benefits.
(e) "Rebuttal" means an opposing or
			 explanatory statement by an individual in response to potentially adverse
			 information or a contradictory statement.
(f) "SIDES" means the Unemployment Insurance
			 (UI) State Information Data Exchange System.
Connecticut Administrative Code › Title 31 - Labor › 244 - Appeals and Hearing Procedures › Section 31-244-2a - Fact-finding and adjudication of eligibility issues

Current through July 10, 2024
The Administrator shall initiate a fact-finding process to
				determine an individual's eligibility based upon evidence or statements
				presented in a manner prescribed by the Administrator, including in writing, by
				telephone, or by other electronic means, in any instance in which (a) an
				individual's claim for benefits indicates that the individual's reason for
				unemployment presents an eligibility issue under any provision of Subsection
				(d) of Section 31-227 or Section 31-236 of the Connecticut General Statutes, or
				Section 31-235 of the Connecticut General Statutes if the Administrator
				determines that the issue of the individual's availability for work relates to
				the circumstances of the individual's separation, or (b) the Administrator
				cannot reasonably determine from the individual's claim or by contacting the
				separating employer at the time the claim is made that such individual's reason
				for unemployment was lack of work or some other form of non-disqualifying
				involuntary termination.
Connecticut Administrative Code › Title 31 - Labor › 244 - Appeals and Hearing Procedures › Section 31-244-3a - Notice of fact-finding process

Current through July 10, 2024
(a) Upon detection
			 of an eligibility issue, the Administrator shall initiate a fact-finding
			 process based upon evidence or testimony presented in a manner prescribed by
			 the Administrator, including in writing, by telephone, or by other electronic
			 means. The examiner designated by the Administrator may prescribe a hearing by
			 telephone or in person at the examiner's discretion, provided if an in person
			 hearing is requested by a party, the request may not be unreasonably denied by
			 the examiner.
(b) The Administrator
			 shall promptly provide notice of the fact-finding process, including requisite
			 response dates and information requested, to the individual and to the
			 employer, through a mechanism specified by the Administrator, as well as a
			 brief statement of the reason for unemployment provided by the claimant to be
			 adjudicated subsequent to such factfinding.
(c) Notification to the employer shall
			 specify that the employer's response shall contain the employer's account of
			 the circumstances surrounding the individual's separation. The Administrator
			 may provide specific questions to be answered by the employer in the method
			 prescribed by the Administrator. The notice shall specify a time during which
			 the employer's designated representative should be available if a hearing is
			 deemed necessary as part of the fact-finding process.
(d) Notification of the fact-finding process
			 shall inform the claimant and the employer of their rights , including but not
			 limited to:
(1) the right to be represented by
			 any person, including an attorney;
(2) the right to present evidence, documents
			 and witnesses; and
(3) if a hearing
			 is deemed necessary by the Administrator or the Administrator's representative
			 for purposes of the fact-finding, the right to cross-examine witnesses and
			 parties, so long as the Administrator deems such cross-examination to be
			 appropriate and relevant.