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 31-1-17 - Declaratory rulings in unemployment compensation matters

Universal Citation: CT Reg of State Agencies 31-1-17

Current through September 9, 2024

(a) General. Petitions for declaratory rulings may be filed on the validity of any regulation adopted pursuant to the Unemployment Compensation Act (Chapter 567) or the applicability to specified circumstances of any provision of the Unemployment Compensation statutes, regulations or a final decision (as defined in Conn. Gen. Stat. section 4-166(3) ) on a matter within the jurisdiction of the Commissioner in his or her capacity as Administrator of the Unemployment Compensation Act. Such petitions are subject to the rules governing form and content of petitions and agency proceedings, set forth in Sections 31-1-11 to 31-1-17, inclusive.

(b) Assessing Propriety of Ruling. Any petition described in subsection (a) of this section, which is filed with the Commissioner in his or her capacity as the Administrator of the Unemployment Compensation Act will be subject to heightened scrutiny as to the necessity for issuance of a declaratory ruling. The Commissioner will normally decline to issue a declaratory ruling in any instance in which it appears that the petitioner's rights and interests are currently capable of being addressed through formal adjudication, determination of eligibility or liability, or any other legal process provided for within Chapter 567, for which there is a statutory right of appeal.

In determining whether a declaratory ruling or some other proceeding governed by Chapter 567 is more appropriate, the Commissioner in his or her capacity as Administrator of the Unemployment Compensation Act will consider the following factors, where relevant:

(1) whether the subject matter of the petition will become an issue in controversy in the foreseeable future and adjudication under the provisions of Chapter 567 will be necessary;

(2) whether a declaratory ruling is critical to structuring a legal relationship between the petitioner and any other party or parties;

(3) whether a particular set of factual circumstances is critical to a proper ruling, and if so, whether those factual circumstances are in dispute or likely to change;

(4) whether other parties' legal interests are affected and if so, in what forum such interests would be most effectively represented;

(5) the number of other individuals in substantially similar circumstances and whether the decision will have significant precedential value;

(6) the particular interests affected and the likely benefits to be derived from issuance of a declaratory ruling;

(7) the complexity of the legal and factual issues presented;

(8) the potential impact of a declaratory ruling on the normal adjudicatory process under Chapter 567;

(9) whether the normal adjudicatory process, or the process of certifying questions of law to the Employment Security Board of Review pursuant to Conn. Gen. Stat. Section 31-249f(a) provides a suitable alternative to a declaratory ruling;

(10) whether a declaratory ruling would be more appropriately issued by the Commissioner in his or her capacity as Administrator of the Unemployment Compensation Act or by the Employment Security Board of Review;

(11) whether the administrative costs and burdens of a declaratory ruling are justified by the scope of the interest affected and the availability of any alternate forum; and

(12) whether there is a need for the agency to clarify the meaning of a statute, regulation or final decision for future cases.

(c) Role of the Employment Security Board of Review. The Commissioner will consult with the Employment Security Board of Review in determining whether or not to issue a declaratory ruling in response to any petition filed pursuant to this section. The Employment Security Board of Review shall be granted intervenor status in any declaratory ruling proceeding instituted pursuant to this section.

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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