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 31-1-16 - Agency proceedings on petitions

Universal Citation: CT Reg of State Agencies 31-1-16

Current through September 9, 2024

(a) Agency Action. Within sixty days after the filing of a complete petition for a declaratory ruling, but, in any case, no sooner than thirty days after the filing of the petition, the agency 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 the proceeding, the particular facts upon which it is based, and the reasons for the conclusions contained therein; or

(2) Order that the matter be the subject of a hearing as a contested case; or

(3) Notify the parties that a declaratory ruling will be issued by a date certain; or

(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.

(b) Notice. A copy of the agency action taken in accordance with subsection (a) of this section shall be delivered to the petitioner and all other parties either in person, or by United States mail, certified or registered, postage prepaid, return receipt requested.

(c) Hearing. Any hearing ordered pursuant to subdivision (2) of subsection (a) of this section shall be conducted in accordance with the procedures set forth in Conn. Agencies Regs. Section 31-1-5 through 31-1-7, inclusive and a final decision shall be rendered in accordance with the provisions of Conn. Agencies Regs. Section 31-1-8.

(d) Effective Date, Appeal Date. Declaratory Rulings shall be effective when personally delivered or mailed, or on such later date specified by the agency in the ruling, except that for the purposes of any appeal from the declaratory ruling, the date of personal delivery or mail shall control.

(e) Contested Case Appeals. Declaratory Rulings shall have the same status and binding effect as an order in a contested case, and shall be a final decision in a contested case for the purposes of appeals in accordance with Conn. Gen. Stat. Section 4-183.

(f) Failure to Act. If the agency does not issue a declaratory ruling on a complete petition within 180 days after the filing of the petition, or later if agreed to by the parties, the agency shall be deemed to have decided not to issue a ruling.

Disclaimer: These regulations may not be the most recent version. Connecticut may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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