Sec. 17b-61. (Formerly Sec. 17-2b). Decision. Appeal. Extension of time limit for filing appeal.
Sec. 17b-61. (Formerly Sec. 17-2b). Decision. Appeal. Extension of time limit
for filing appeal. (a) Not later than sixty days after such hearing, or three business
days if the hearing concerns a denial of or failure to provide emergency housing, the
commissioner or his designated hearing officer shall render a final decision based upon
all the evidence introduced before him and applying all pertinent provisions of law,
regulations and departmental policy, and such final decision shall supersede the decision
made without a hearing, provided final definitive administrative action shall be taken
by the commissioner or his designee within ninety days after the request of such hearing
pursuant to section 17b-60. Notice of such final decision shall be given to the aggrieved
person by mailing him a copy thereof within one business day of its rendition. Such
decision after hearing shall be final except as provided in subsections (b) and (c) of this
section.
(b) The applicant for such hearing, if aggrieved, may appeal therefrom in accordance with section 4-183. Appeals from decisions of said commissioner shall be privileged cases to be heard by the court as soon after the return day as shall be practicable.
(c) The commissioner may, for good cause shown by an aggrieved person, extend
the time for filing an appeal to Superior Court beyond the time limitations of section 4-183, as set forth below:
(1) Any aggrieved person who is authorized to appeal a decision of the commissioner, pursuant to subsection (b) of this section, but who fails to serve or file a timely
appeal to the Superior Court pursuant to section 4-183, may, as provided in this subsection, petition that the commissioner, for good cause shown, extend the time for filing
any such appeal. Such a petition must be filed with the commissioner in writing and
contain a complete and detailed explanation of the reasons that precluded the petitioner
from serving or filing an appeal within the statutory time period. Such petition must also
be accompanied by all available documentary evidence that supports or corroborates the
reasons advanced for the extension request. In no event shall a petition for extension
be considered or approved if filed later than ninety days after the rendition of the final
decision. The decision as to whether to grant an extension shall be made consistent with
the provisions of subdivision (2) of this subsection and shall be final and not subject to
judicial review.
(2) In determining whether to grant a good cause extension, as provided for in this
subsection, the commissioner, or his authorized designee, shall, without the necessity
of further hearing, review and, as necessary, verify the reasons advanced by the petition
in justification of the extension request. A determination that good cause prevented the
filing of a timely appeal shall be issued in writing and shall enable the petitioner to serve
and file an appeal within the time provisions of section 4-183, from the date of the
decision granting an extension. The circumstances that precluded the petitioner from
filing a timely appeal, and which may be deemed good cause for purposes of granting
an extension petition, include, but are not limited to: (A) Serious illness or incapacity
of the petitioner which has been documented as materially affecting the conduct of
personal affairs; (B) a death or serious illness in the petitioner's immediate family that
has been documented as precluding the petitioner from perfecting a timely appeal; (C)
incorrect or misleading information given to the petitioner by the agency, relating to
the appeal time period, and shown to have been materially relied on by the petitioner
as the basis for failure to file a timely appeal; (D) evidence that the petitioner did not
receive notice of the agency decision; and (E) other unforeseen and unavoidable circumstances of an exceptional nature which prevented the filing of a timely appeal.
(1959, P.A. 96, S. 2, 3; 1963, P.A. 73, S. 1; P.A. 74-183, S. 209, 291; P.A. 75-420, S. 4, 6; P.A. 76-162; 76-436, S.
179, 681; P.A. 77-452, S. 52, 72; 77-603, S. 67, 125; P.A. 78-280, S. 25, 127; P.A. 87-473, S. 4.)
History: 1963 act changed jurisdiction from common pleas to circuit court; P.A. 74-183 replaced circuit court with
court of common pleas and included reference to judicial districts; P.A. 75-420 replaced welfare commissioner with
commissioner of social services; P.A. 76-162 required decision within 60 rather than 30 days of hearing and required "final
definitive administrative action" within 90 days of hearing request; P.A. 76-436 replaced court of common pleas with
superior court, effective July 1, 1978; P.A. 77-452 repeated change in courts and, with P.A. 77-603, replaced previous
detailed appeal provisions in Subsec. (b) with statement that appeals be made in accordance with Sec. 4-183; P.A. 78-280
removed Subsec. indicators and deleted provisions formerly in Subsec. (a) re appeals; P.A. 87-473 amended Subsec. (a)
to require a final decision not later than 3 business days after the hearing if the hearing concerns a denial of or failure to
provide emergency housing and changed the time limit for notice of the final decision from 72 hours to 1 business day
and added Subsec. (c); Sec. 17-2b transferred to Sec. 17b-61 in 1995.
Annotations to former section 17-2b:
Where objection was made to constitutionality of section 17-90 on the basis of violation of due process of law, held
that hearing procedure set forth in this section and section 17-2a satisfies the requirement of due process. 152 C. 56, 57.
Cited. 165 C. 490. Cited. 168 C. 336. Cited. 172 C. 292. Plaintiffs, who were denied AFDC benefits while residents of
Connecticut and who appealed the denial while still residents, were "aggrieved" parties, and thus could maintain the appeal
notwithstanding their subsequent removal from Connecticut. 174 C. 8. Cited. 177 C. 599. Cited. 189 C. 29. Cited. 191 C.
384. Cited. 214 C. 601. Cited. 229 C. 664. Cited. 233 C. 370.
Cited. 44 CA 143.
Cited. 30 CS 587. Cited. 31 CS 515. A classification of obligations recognized in regulations concerning disposition
of assets by welfare claimants is not a violation of equal protection provisions of United States Constitution as to those
not recognized. Id., 547. Conclusions drawn from the facts proved must not be the result of speculation and conjecture.
Does not permit reliance on hearsay when better evidence is readily available. 32 CS 560. Substantial and competent
evidence requirement means such evidence that has rational probative force. Id., 564. Cited. Id., 603; Id., 605. Failure to
make a finding of facts from the evidence introduced at the hearing constitutes an abuse of discretion. Id., 606. Cited. 33
CS 769. Cited. 34 CS 265; Id., 586. Cited. 40 CS 554.
In an appeal taken under this section the basic issue before the court is whether the commissioner has acted illegally
or so arbitrarily and unreasonably as to abuse his discretion. 3 Conn. Cir. Ct. 271. Cited. Id., 504, 505. Cited. 4 Conn. Cir.
Ct. 67; Id., 85; Id., 138; Id., 338, 339; Id., 450, 647. Cited. 5 Conn. Cir. Ct. 294. On appeal from commissioner's hearing
court cannot substitute its judgment for that of commissioner. It can only decide whether action of agency was illegal,
arbitrary or an abuse of discretion. Id., 505. Cited. 6 Conn. Cir. Ct. 353; Id., 687.
Subsec. (b):
Cited. 222 C. 69.
Annotation to present section:
Cited. 44 CA 143.