Toise v. Rowe

707 A.2d 25, 243 Conn. 623, 1998 Conn. LEXIS 12
CourtSupreme Court of Connecticut
DecidedFebruary 3, 1998
DocketSC 15638
StatusPublished
Cited by33 cases

This text of 707 A.2d 25 (Toise v. Rowe) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Toise v. Rowe, 707 A.2d 25, 243 Conn. 623, 1998 Conn. LEXIS 12 (Colo. 1998).

Opinions

Opinion

PETERS, J.

This appeal raises fundamental questions about the subject matter jurisdiction of the Superior Court to consider administrative appeals from decisions of the bureau of rehabilitation services (bureau) of the department of social services. The plaintiffs, Stephanie [625]*625Toise and David Dressier, both of whom have severe learning disabilities, applied to the bureau for reimbursement of certain educational expenses. The bureau denied the request of the first plaintiff in part and the request of the second plaintiff in whole.

In response to their separate appeals, the trial court, Norko, J., in the first case, and Maloney, J., in the second case, dismissed each plaintiffs request for judicial review of the decision of the bureau. In each case, the trial court held that it lacked subject matter jurisdiction because of the plaintiffs failure to establish that his or her administrative hearing qualified as a “contested case” as that term is used in General Statutes §§ 4-183 (a)1 and 4-166 (2)2 of the Uniform Administrative Procedure Act (UAPA).

The plaintiffs appealed from the judgments of the trial court to the Appellate Court, where their appeals were consolidated and the judgments of the trial court affirmed. The plaintiffs claimed that they had a right to judicial review because: (1) bureau hearings are required by the governing state and federal statutes; and (2) the existence of such a right was clarified by the enactment of Public Acts 1995, No. 95-355 (P.A. 95-355), now codified as General Statutes § 17b-654.3 The [626]*626Appellate Court rejected these claims. Toise v. Rowe, 44 Conn. App. 143, 152, 687 A.2d 557 (1997).

The plaintiffs petitioned for certification to appeal to this court. We granted certification limited to the following question: “Did the Appellate Court properly conclude that the trial court lacked subject matter jurisdiction over these administrative appeals?” Toise v. Rowe, 240 Conn. 913, 691 A.2d 1079 (1997). We now reverse the judgments of the Appellate Court and remand for further proceedings.4

The parties do not dispute that subject matter jurisdiction is a condition precedent to a court’s authority to hear a case. Lewis v. Gaming Policy Board, 224 Conn. 693, 698, 620 A.2d 780 (1993). They also recognize that, “ ‘[t]he UAPA grants the Superior Court jurisdiction over appeals of agency decisions only in certain limited and well delineated circumstances.’ ” Summit Hydropower Partnership v. Commissioner of Environmental Protection, 226 Conn. 792, 800, 629 A.2d 367 (1993). The applicable statutes, §§ 4-183 (a), 4-166 (3) (A) and 4-166 (2),5 dictate that, unless administrative decisions qualify as decisions in contested cases, they generally are not appealable to the Superior Court. Id., 799-801; New England Dairies, Inc. v. Commissioner of Agriculture, 221 Conn. 422, 427, 604 A.2d 810 (1992).

At issue is whether the plaintiffs’ administrative hearings before the bureau properly may be characterized as contested cases. Resolution of that issue depends, in the first instance, on a determination of the version [627]*627of General Statutes § 17b-654 that applies — the version in effect at the time that the cases were filed originally,6 or the version of the statute after amendment by P.A. 95-355.7 The parties agree that, if P.A. 95-355 applies to these cases, the plaintiffs have aright to Superior Court review of the administrative decisions against them.

The plaintiffs argue that P.A. 95-355 was a clarifying act that should be applied retroactively to confer jurisdiction over appeals from administrative decisions of the bureau. The Appellate Court disagreed, concluding that P.A. 95-355 created a new substantive right to appeal and, therefore, was not retroactively applicable. We agree with the plaintiffs.

“Whether to apply a statute retroactively or prospectively depends upon the intent of the legislature in enacting the statute.” Coley v. Camden Associates, Inc., 243 Conn. 311, 316, 702 A.2d 1180 (1997). We focus on legislative intent in order to comply with General Statutes § 55-3, which provides that, “[n]o provision of the general statutes, not previously contained in the statutes of the state, which imposes any new obligation [628]*628on any person or corporation, shall be construed to have a retrospective effect.” “The ‘obligations’ referred to in the statute are those of substantive law. . . . Thus, we have uniformly interpreted § 55-3 as a rule of presumed legislative intent that statutes affecting substantive rights shall apply prospectively only.” (Emphasis in original; internal quotation marks omitted.) Coley v. Camden Associates, Inc., supra, 316.

Even if a statute effects a substantive change in the law, it may be applied retrospectively, however, if the legislature so intends. Turner v. Turner, 219 Conn. 703, 712, 595 A.2d 297 (1991). “Where an amendment is intended to clarify the original intent of an earlier statute, it necessarily has retroactive effect.” State v. Magnano, 204 Conn. 259, 284, 528 A.2d 760 (1987). “ ‘To determine whether an act should be characterized as clarifying legislation, we look to the legislative history to determine the legislative intent.’ ” Connecticut National Bank v. Giacomi, 242 Conn. 17, 40, 699 A.2d 101 (1997); Reliance Ins. Co. v. American Casualty Co. of Reading, Pennsylvania, 238 Conn. 285, 290, 679 A.2d 925 (1996).

Statutes passed to resolve a controversy engendered by statutory ambiguity often are deemed to have a clarifying effect. Reliance Ins. Co. v. American Casualty Co. of Reading, Pennsylvania, supra, 238 Conn. 290—91; Caron v. Inland Wetlands & Watercourses Commission, 222 Conn. 269, 278-79, 610 A.2d 584 (1992). “[I]f the amendment was enacted soon after controversies arose as to the interpretation of the original act, it is logical to regard the amendment as a legislative interpretation of the original act . . . .” Reliance Ins. Co. v. American Casualty Co. of Reading, Pennsylvania, supra, 290, quoting 1A J. Sutherland, Statutory Construction (4th Ed. Sands 1986) § 22.31, p. 276.

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Bluebook (online)
707 A.2d 25, 243 Conn. 623, 1998 Conn. LEXIS 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toise-v-rowe-conn-1998.