Sec. 4-186. Chapter 54 exemptions and conflicts.
Sec. 4-186. Chapter 54 exemptions and conflicts. (a) Appeals from the decisions
of the administrator of the Unemployment Compensation Act, appeals from decisions
of the employment security appeals referees to the board of review, and appeals from
decisions of the Employment Security Board of Review to the courts, as is provided in
chapter 567, and appeals from the Commissioner of Revenue Services to the courts, as
provided in chapters 207 to 212a, inclusive, 214, 214a, 217, 218a, 219, 220, 221, 222,
223, 224, 225, 227, 228b, 228c, 228d, 228e and 229 and appeals from decisions of the
Secretary of the Office of Policy and Management pursuant to sections 12-242hh, 12-242ii and 12-242kk, are excepted from the provisions of this chapter.
(b) In the case of conflict between the provisions of this chapter and the provisions
of chapter 567 and provisions of the general statutes relating to limitations of periods
of time, procedures for filing appeals, or jurisdiction or venue of any court or tribunal
governing unemployment compensation, employment security or manpower appeals,
the provisions of the law governing unemployment compensation, employment security
and manpower appeals shall prevail.
(c) The Employment Security Division and the Board of Mediation and Arbitration
of the state Labor Department, the Claims Commissioner, and the Workers' Compensation Commissioner are exempt from the provisions of section 4-176e and sections 4-177 to 4-183, inclusive.
(d) The provisions of this chapter shall not apply: (1) To procedures followed or
actions taken concerning the lower Connecticut River conservation zone described in
chapter 477a and the upper Connecticut River conservation zone described in chapter
477c, (2) to the administrative determinations authorized by section 32-9r concerning
manufacturing facilities in distressed municipalities, (3) to the rules made pursuant to
section 9-436 for use of paper ballots and (4) to guidelines established under section
22a-227 for development of a municipal solid waste management plan.
(e) The provisions of this chapter shall apply to the Board of Governors of Higher
Education in the manner described in section 10a-7 and to the Department of Correction
in the manner described in section 18-78a.
(f) The provisions of section 4-183 shall apply to the Psychiatric Security Review
Board in the manner described in section 17a-597, and to appeals from the condemnation
of a herd by the Commissioner of Agriculture in the manner described in section 22-288a.
(g) The provisions of section 4-183 shall apply to special education appeals taken
pursuant to subdivision (4) of subsection (d) of section 10-76h, in the manner described
therein. The final decision rendered in the special education hearings pursuant to section
10-76h shall be exempt from the provisions of section 4-181a.
(h) The Higher Education Supplemental Loan Authority and the Municipal Liability
Trust Fund Committee are not agencies for the purposes of this chapter.
(i) Guidelines, criteria and procedures adopted pursuant to section 10a-225 by the
Connecticut Higher Education Supplemental Loan Authority and the state-wide solid
waste management plan adopted under section 22a-227 shall not be construed as regulations under this chapter.
(j) The Judicial Review Council is exempt from the provisions of sections 4-175
to 4-185, inclusive.
(1972, P.A. 293, S. 1; P.A. 77-426, S. 8, 19; 77-603, S. 5, 125; 77-614, S. 139, 610; P.A. 88-317, S. 25, 107; P.A. 91-277, S. 5, 6; P.A. 92-262, S. 39, 42; P.A. 93-353, S. 36, 52; P.A. 95-2, S. 21, 37; 95-132, S. 3, 5; P.A. 97-132, S. 5; June
30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
History: P.A. 77-426 deleted reference to unemployment commissioners and included appeals from decisions of employment security appeals referees to the board of review and from decisions of board of review under exception; P.A.
77-603 included appeals from decisions of tax commissioner to courts in exception; P.A. 77-614 replaced tax commissioner
with commissioner of revenue services, effective January 1, 1979; P.A. 88-317 designated former section as Subsec. (a)
and added Subsecs. (b) to (h), inclusive, re applicability of chapter 54 to specific procedures, programs and agencies,
effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A. 91-277 amended
Subsec. (f) to delete reference to special education appeals taken pursuant to Sec. 10-76h(e)(3) and inserted new Subsec.
(g) on special education appeals, relettering the remaining Subsecs. accordingly; P.A. 92-262 amended Subsec. (g) to
substitute 1993 for 1992; (Revisor's note: In 1993 an obsolete reference in Subsec. (d)(3) to "the adoption review board
established pursuant to section 45-68d" was deleted editorially by the Revisors since Sec. 45-68d is repealed, and Subdivs.
(4) and (5) were renumbered accordingly as Subdivs. (3) and (4)); P.A. 93-353 amended Subsec. (g) to remove provision
limiting the exemption from the provisions of Sec. 4-181a to the period from June 24, 1991, to September 30, 1993,
effective July 1, 1993; P.A. 95-2 added appeals from decisions under Secs. 12-242hh, 12-242ii and 12-242kk, effective
March 8, 1995; P.A. 95-132 amended Subsec. (a) to exclude appeals under chapters 214a, 217, 218a, 220, 223, 227, 228b,
228c, 228d, 228e and 229 from the chapter and deleted reference to chapter 215, effective June 7, 1995; P.A. 97-132 added
Subsec. (j) exempting Judicial Review Council from provisions of Secs. 4-175 to 4-185, inclusive; June 30 Sp. Sess. P.A.
03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July
1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments
of Agriculture and Consumer Protection, effective June 1, 2004.
Cited. 168 C. 504. Cited. 172 C. 263. Cited. 173 C. 462. Cited. 183 C. 76. Cited. 186 C. 153. Cited. 191 C. 173. Cited.
202 C. 583. Cited. 204 C. 672; Id., 137. Cited. 215 C. 134. Cited. 242 C. 599.
Cited. 1 CA 1. Cited. 18 CA 13. Cited. 30 CA 720.
Cited. 43 CS 10.
Subsec. (a):
Cited. 34 CA 620. Cited. 43 CA 779.
Subsec. (c):
Cited. 239 C. 32.