Section 31-237g-32 - Certifications to the Board(Statutory reference: 31-249f)
(a) If, in any proceeding before the Administrator, the Administrator has serious doubt as to the correctness of any applicable principles previously declared by a Referee or the Board, or if there is an apparent inconsistency or conflict in applicable final decisions of comparable authority, the Administrator may certify to the Board the findings of fact in such case, together with the question of law involved, and withhold decision pending receipt of the certification decision by the Board. Each such certification by the Administrator should be prepared and delivered in accordance with Section 31-237g-10(a) of these regulations. The Board shall treat and process each such certification pursuant to these regulations in the same manner as an appeal and issue to the Administrator and the parties to such proceeding a written decision certifying the Board's answer to the question submitted, provided the Board shall grant any request for a Board hearing on the law which is timely-filed concerning such certification. The general provisions of Section 31-237g-49(a) of these regulations to the contrary notwithstanding, there shall be no appeal with regard to the Board's certification decision. However, any party aggrieved by the Administrator's determination may object to the Board's certification decision as part of its appeal from the Administrator's determination.(b) If, in any proceeding before the Referee, the Referee has serious doubt as to the correctness of any applicable principles previously declared by a Referee or the Board, or if there is an apparent inconsistency or conflict in applicable final decisions of comparable authority, the Referee may, subsequent to the hearing, certify to the Board the Referee's findings of fact in such case together with the question of law involved. The Referee shall withhold decision pending receipt of the certification decision by the Board. Each such certification by a Referee shall be prepared and delivered in accordance with Section 31-237g-13(a) of these regulations. The Board shall (1) treat and process each such certification pursuant to these regulations in the same manner as an appeal and issue the Referee and the parties to such proceeding a written decision certifying the Board's answer to the question submitted provided the Board shall grant any request for a Board hearing on the law which is timely-filed concerning such certification; or (2) pursuant to Section 31-237g-31 of these regulations transfer to itself the entire proceeding and render a decision upon the entire case. The general provisions of Section 31-237g-49(a) of these regulations to the contrary notwithstanding, there shall be no appeal rights with regard to the Board's certification decision. Unless the Board transfers the proceeding to itself, the Referee shall issue a decision in such proceeding promptly following receipt of the Board's certification decision. Such Referee's decision shall be subject to the appeal rights normally applicable to such a decision by the Referee. Any party aggrieved by the Referee's decision may object to the Board's certification decision as part of its appeal from the Referee's decision.Conn. Agencies Regs. § 31-237g-32
Effective January 1, 1988; Amended October 27, 1997