Toise v. Rowe

687 A.2d 557, 44 Conn. App. 143, 1997 Conn. App. LEXIS 10
CourtConnecticut Appellate Court
DecidedJanuary 21, 1997
Docket15090; 15362
StatusPublished
Cited by8 cases

This text of 687 A.2d 557 (Toise v. Rowe) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Toise v. Rowe, 687 A.2d 557, 44 Conn. App. 143, 1997 Conn. App. LEXIS 10 (Colo. Ct. App. 1997).

Opinion

FOTI, J.

The plaintiffs, Stephanie Toise and David Dressier, appeal from the judgments of the trial court dismissing their appeals from the decisions of the bureau of rehabilitation services (bureau). On appeal, the plaintiffs claim that the trial court improperly dismissed the administrative appeals for lack of subject matter jurisdiction. We affirm the judgments of the trial court.

The following facts are relevant for this appeal. The plaintiffs have severe learning disabilities. They both qualified for assistance from the bureau.1 Although their [145]*145individual requests to the bureau were not related or similar initially, the plaintiffs both appealed to the Superior Court from bureau decisions and their appeals were dismissed for lack of subject matter jurisdiction. The plaintiffs’ appeals to this court, therefore, raise the same issue. On the parties’ motion, we consolidated the two appeals on January 25, 1996.

The plaintiff Toise completed two semesters of graduate study in public health at Yale University. She applied for services with the bureau, requesting specific vocational rehabilitation services: a computer, job placement services and tutoring. She later requested that the bureau pay the tuition and the maintenance cost of the Yale University graduate program. The bureau denied her request. Toise requested a hearing to appeal the denial of her request for financial support for her final year of graduate school. The bureau held a hearing and a hearing officer issued a decision on October 4, 1993. The hearing officer reversed the bureau’s decision as to tuition assistance and ordered the bureau to pay for one semester of a comparable program at the University of Connecticut. The bureau’s director reviewed the hearing officer’s decision. On February 4, 1994, the director reversed the hearing officer’s decision. The plaintiff sought review by the Superior Court. On August 2, 1995, the trial court, Norko, J., rendered judgment dismissing the appeal on the ground that it lacked subject matter jurisdiction to entertain the appeal.

The plaintiff Dressier applied for services from the bureau in June, 1992. Dressier and his mother had explored various postsecondaiy academic vocational training opt ions. They were particularly interested in a vocational program on a college campus such as those offered by Lesley College and the University of Ala[146]*146bama. The bureau, however, recommended programs from Chapel Haven, Vista, Futures and an unspecified program in the Norwalk area. The bureau informed Dressier of its policy not to fund out-of-state on campus vocational training programs. Dressier requested a hearing to appeal the denial of his request for support to attend the out-of-state program. On May 14, 1994, the hearing officer issued the decision that the bureau had met its obligations to Dressier. The director of the bureau reviewed the hearing officer’s decision. On June 25, 1994, the director adopted, with modifications, the decision of the hearing officer. Dressier sought review by the Superior Court. On October 16, 1995, the trial court, Maloney, J., rendered judgment dismissing the appeal on the ground that it did not have subject matter jurisdiction to entertain the appeal.

“Jurisdiction of the subject-matter is the power [of the court] to hear and determine cases of the general class to which the proceedings in question belong. . . . A court has subject matter jurisdiction if it has the authority to adjudicate a particular type of legal controversy. . . . It is a familiar principle that a court which exercises a limited and statutory jurisdiction is without jurisdiction to act unless it does so under the precise circumstances and in the manner particularly prescribed by the enabling legislation.” (Internal quotation marks omitted.) Figueroa v. C & S Ball Bearing, 237 Conn. 1, 4, 675 A.2d 845 (1996). If the legislature has not created statutory authority for an appeal from an administrative agency, the Superior Court does not have jurisdiction to hear the appeal. Killingly v. Connecticut Siting Council, 220 Conn. 516, 522, 600 A.2d 752 (1991).

The trial court dismissed the two administrative appeals on the ground that it lacked subject matter jurisdiction because it determined that the plaintiffs did not have a right to appeal the decisions of the bureau and its director. The plaintiffs argue that they had the [147]*147right to appeal the decisions of the bureau pursuant to state statute, federal statute and public policy.2

“There is no absolute right of appeal to the courts from a decision of an administrative agency.” Lewis v. Gaming Policy Board, 224 Conn. 693, 699, 620 A.2d 780 (1993). “Judicial review of an administrative decision is governed by General Statutes § 4-183 (a) of the [Uniform Administrative Procedure Act], which provides that [a] person who has exhausted all administrative remedies . . . and who is aggrieved by a final decision may appeal to the superior court .... A final decision is defined in [General Statutes] § 4-166 (3) (A) as the agency determination in a contested case .... A contested case is defined in [General Statutes] § 4-166 (2) as a proceeding ... in which the legal rights, duties or privileges of a party are required by statute to be determined by an agency after an opportunity for hearing or in which a hearing is in fact held . . . (Emphasis in original; internal quotation marks omitted.) Id., 700.

Disposition of the issue on appeal, therefore, hinges on the language “required by statute” in the definition of a contested case found in § 4-166 (2). A party “does not have a right to appeal unless the [agency] was statutorily required to determine the [party’s] legal right or privilege . . . in a hearing or after an opportunity for a hearing.” (Emphasis in original.) Summit Hydropower Partnership v. Commissioner of Environmental Protection, 226 Conn. 792, 802, 629 A.2d 367 (1993).

We first examine whether state statutes provide the plaintiffs with a right to appeal. The bureau acts pursu[148]*148ant to General Statutes (Rev. to 1993) § 17-660 et seq.3 and state agency regulations. The regulations specifically set out bureau procedure.4 An agency regulation, however, is not sufficient to qualify a proceeding for contested case status pursuant to § 4-166 (2). Lewis v. Gaming Policy Board, supra, 224 Conn. 703 n.8.

Pursuant to General Statutes (Rev. to 1993) § 17-664 (now § 17b-654), “[a]ny applicant for or recipient of vocational rehabilitation services who is aggrieved by a decision regarding eligibility for services, pursuant to section 17b-653, shall be entitled to an administrative review by making written request to the department of social services.” Section § 10-102-2 (b) (2) of the Regulations of Connecticut State Agencies provides: “ ‘Administrative Review’ means an informal procedure through which the [bureau] affords an opportunity to a client or applicant for rehabilitation service ...

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Toise v. Rowe
691 A.2d 1079 (Supreme Court of Connecticut, 1997)

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Bluebook (online)
687 A.2d 557, 44 Conn. App. 143, 1997 Conn. App. LEXIS 10, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toise-v-rowe-connappct-1997.