Connecticut Administrative Code
Title 31 - Labor
1 - Establishment of Rules of Procedure for Hearings in Contested Cases to be Conducted by the Labor Commissioner
Rules of Procedure for Declaratory Rulings by the Labor Commissioner
Section 31-1-13 - Form and content of petitions

Current through September 9, 2024

(a) General. All petitions for declaratory ruling must be addressed to the Commissioner and either mailed or hand delivered to the Commissioner at his or her office. All petitions must be signed by the person filing the petition, unless represented by an attorney, in which case the attorney may sign the petition. The petition must include the address of the person filing the petition, and the address of the attorney, if applicable.

(b) Petitions on Validity of Regulation. A petition for 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 suggested remedy; and

(4) where the regulation at issue was adopted pursuant to the Unemployment Compensation Act (Chapter 567), a statement of the reasons why a declaratory ruling is needed.

Any petition filed which merely requests a ruling on the validity of the regulation, without a detailed claim of invalidity, will be rejected by the agency as incomplete.

(c) Petitions on Applicability of Statute Regulation, or Final Decision to Specific Circumstances. A petition seeking a declaratory ruling on the applicability of a statute, regulation, or final decision on a matter within the jurisdiction of the agency to specified circumstances must contain the following:

(1) the specific statute, regulation, or final decision upon which the petition is sought;

(2) a brief explanation of why the petitioner believes that the particular statute, regulation, or final decision is within the jurisdiction of the agency;

(3) a detailed description of the specified circumstances upon which the petition is based;

(4) any argument by the petitioner as to why the petitioner believes that the particular statute, regulation, or final order either is or is not applicable to the specified circumstances; and

(5) in any matter relating to the Unemployment Compensation Act (Chapter 567), a statement of the reasons why a declaratory ruling is needed.

Any petition failing to identify the statute, regulation or final decision in question, or failing to adequately describe the specified circumstances will be rejected in writing by the agency as incomplete.

(d) Notice. The petitioner, or his attorney, shall append to the petition for a declaratory ruling a listing of all persons, with addresses, who may have an interest in the declaratory ruling sought to be issued, and shall mail a copy of the petition to all such persons. The petitioner or his attorney must certify that a copy of the petition was mailed to all such persons together with this statement, "Should you wish to participate in the proceedings on this petition, or receive notice of such proceedings or the declaratory ruling issued as a result of this petition, you should contact the office of the Labor Commissioner within (30) days of the date of this petition."

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