Current through December 27, 2024
Section 31-49p-9 - Decision(a) Each appeal to the commissioner shall be decided no later than ninety (90) calendar days after the due date for written argument or, if applicable, the date the commissioner supplements the record or concludes any hearing, whichever is latest. Except for a decision dismissing an appeal pursuant to section 31-49p-4 of the Regulations of Connecticut State Agencies, the commissioner's decision shall affirm, reverse, or modify the decision of the authority, employer with a private plan or third-party administrator, as applicable, denying compensation under the program or under a private plan, or imposing a penalty pursuant to section 3 l-49r of the Connecticut General Statutes.(b) The commissioner's decision shall include findings of fact, a citation to the law involved and a case history summarizing the proceedings, including whether a hearing was conducted.(c) The commissioner's decision on an appeal shall become final on the thirty-first (31) calendar day after the date on which such decision was issued unless, prior to such thirty-first (31) day:(1) a party aggrieved by such decision files (A) an appeal to the Superior Court on such decision, or (B) a motion to the commissioner to reopen such decision in writing (i) electronically through the Connecticut Labor Department Leave Complaint and Appeal Portal, (ii) by United States Postal Service to the Connecticut Labor Department Appeals Division at its mailing address, (iii) by fax, or (iv) in person; or(2) the commissioner, on the commissioner's own motion, reopens such decision in accordance with the terms of section 31-49p-10 of the Regulations of Connecticut State Agencies.(d) To be acceptable as timely filed, a motion to reopen shall be received by the commissioner no later than the thirtieth (30) calendar day after the date of issuance of the commissioner's decision, or shall bear a legible United States Postal Service postmark which indicates that within such thirty (30) calendar day period such motion to reopen was placed in the possession of the United States Postal Service for delivery to the Connecticut Labor Department Appeals Division at its mailing address. If the last day for filing a motion to reopen falls on a day when the Connecticut Labor Department is not open for business, such last day shall be extended to the next business day of the department. A party has good cause for filing a motion to reopen after the commissioner's decision becomes final if a reasonably prudent individual under the same or similar circumstances would have been prevented from filing a timely motion to reopen. In determining whether good cause has been shown, the commissioner shall consider all relevant factors, including the factors listed in section 31-49p-4 of the Regulations of Connecticut State Agencies.Conn. Agencies Regs. § 31-49p-9