Connecticut § 31-248 - Decisions of employment security referee; final date, notice; reopening; judicial review.

§ 31-248. Decisions of employment security referee; final date, notice; reopening; judicial review.

Sec. 31-248. Decisions of employment security referee; final date, notice; reopening; judicial review. (a) Any decision of a referee, in the absence of a timely filed appeal from a party aggrieved thereby or a timely filed motion to reopen, vacate, set aside or modify such decision from a party aggrieved thereby, shall become final on the twenty-second calendar day after the date on which a copy of the decision is provided to the party, provided (1) any such appeal or motion which is filed after such twenty-one-day period may be considered to be timely filed if the filing party shows good cause, as defined in regulations adopted pursuant to section 31-249h, for the late filing, (2) if the last day for filing an appeal or motion falls on any day when the offices of the Employment Security Division are not open for business, such last day shall be extended to the next business day, (3) if any such appeal or motion is filed by mail, such appeal or motion shall be considered to be timely filed if it was received within such twenty-one-day period or bears a legible United States postal service postmark which indicates that within such twenty-one-day period, it was placed in the possession of such postal authorities for delivery to the appropriate office, except posting dates attributable to private postage meters shall not be considered in determining the timeliness of appeals or motions filed by mail, and (4) if any such appeal is filed electronically, such appeal shall be considered timely filed if it was received within such twenty-one-day period.

(b) Any decision of a referee may be reopened, set aside, vacated or modified on the timely filed motion of a party aggrieved by such decision, or on the referee's own timely filed motion, on grounds of new evidence or if the ends of justice so require upon good cause shown. The appeal period shall run from the date a copy of the decision entered after any such reopening, setting aside, vacation or modification, or a decision denying such motion, as the case may be, was provided to the aggrieved party, provided no such motion from any party may be accepted with regard to a decision denying a preceding motion to reopen, vacate, set aside or modify filed by the same party. An appeal to the board from a referee's decision may be processed by the referee as a motion for purposes of reopening, vacating, setting aside or modifying such decision, solely in order to grant the relief requested.

(c) Judicial review of any decision shall be permitted only after a party aggrieved thereby has exhausted his or her remedy before the board, as provided in this chapter. The administrator shall be deemed to be a party to any judicial proceeding involving any such decision and shall be represented in such proceeding by the Attorney General.

(1949 Rev., S. 7520; 1971, P.A. 835, S. 25; P.A. 74-339, S. 21, 36; P.A. 77-426, S. 11, 19; P.A. 80-260, S. 2; P.A. 81-5, S. 6; P.A. 87-364, S. 3, 8; P.A. 16-169, S. 10.)

History: 1971 act specified circumstances under which decision may be reopened, vacated, etc., set appeal period after reopening or modification and substituted “proceeding” for “action”; P.A. 74-339 substituted references to referees for references to commissioners and referred to date of mailing or personal delivery of copy of decision rather than to date of decision's rendition; P.A. 77-426 deleted references to personal delivery of copy of decision; P.A. 80-260 changed time at which decision becomes final or is reopened, modified, etc from fifteenth day after notification is mailed to twenty-second day after mailing; P.A. 81-5 substituted “board” for “commission”; P.A. 87-364 provided that appeal filed after 21 calendar days may be timely if there was good cause for the late filing, that 21-day period can only end on a business day and that postmark of any appeal filed by mail will be used to determine timeliness, and established requirements for filing motions to reopen, set aside, vacate or modify the referee's decision; P.A. 16-169 amended Subsec. (a) to replace “mailed” with “provided” re copy of decision and add Subdiv. (4) re timeliness of appeal filed electronically, and made technical and conforming changes.

See Sec. 1-2a re construction of references to “United States mail”, “postmark” or “registered or certified mail”.

Cited. 126 C. 442; 129 C. 75; 141 C. 321. Final decision is not prohibited opening a decision. 161 C. 362. Cited. 192 C. 104; Id., 581.

Cited. 3 CA 258; 9 CA 131; 43 CA 512.

Cited. 27 CS 404. Where plaintiff's petition of appeal failed totally to present any grounds of review, decision of commissioner became final on 15th day after it was rendered. Id., 407. Cited. 44 CS 285.