Toise v. Rowe

845 A.2d 437, 82 Conn. App. 306, 2004 Conn. App. LEXIS 148
CourtConnecticut Appellate Court
DecidedApril 6, 2004
DocketAC 23484
StatusPublished

This text of 845 A.2d 437 (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, 845 A.2d 437, 82 Conn. App. 306, 2004 Conn. App. LEXIS 148 (Colo. Ct. App. 2004).

Opinion

Opinion

SCHALLER, J.

The plaintiff, Stephanie Toise, appeals from the judgment of the trial court dismissing her administrative appeal from the decision of the bureau of rehabilitation services (bureau) of the department of social services, of which the defendant Audrey Rowe was the commissioner at the time this matter first arose.1 On appeal, the plaintiff claims that the court improperly determined that she was not entitled to tuition support from the bureau.2 We disagree and affirm the judgment of the trial court.

The following facts and procedural history are relevant to the plaintiffs appeal. The plaintiff has a learning disability. She was found eligible for assistance from the bureau in December, 1990.3 In May, 1991, the plain[309]*309tiff and the bureau created an individualized written rehabilitation program (program). The program stated that the plaintiffs “vocational goal” was to become a “public health worker” with the following intermediate goals: (1) “[t]o obtain [a] Master’s [degree] in Public Health through Yale University,” funded through student loans, and (2) “[t]o determine [the] appropriateness of [a] computer purchase” with funding from the bureau. The one page program contained the qualification that “[d]ue to a spending freeze, any services listed in this planned program tha[t] could result in a cost to the Agency are tentative and will require review when funding becomes available. This will be done jointly to determine that the vocational goal and the services indicated are still appropriate and necessary.” Funding by the bureau can be provided only in accordance with a jointly developed and agreed on program. Regs., Conn. State Agencies § 10-102-15 (b). The plaintiff signed the program in June, 1991.

During the summer of 1991, the plaintiff requested tuition assistance for a summer course and was informed of the continuing spending freeze, which would make financial assistance “a virtual impossibility.” In November, 1991, the plaintiff graduated from Yale University with her master’s degree. The plaintiff requested additional services and financial support from the bureau. A bureau counselor denied the request. At the plaintiffs insistence, an administrative review of that decision was conducted. On July 10, 1992, the administrative reviewer denied the plaintiffs request for funding and services. The plaintiff requested a hearing to appeal from the bureau’s decision.

[310]*310“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.” Toise v. Rowe, 44 Conn. App. 143, 145, 687 A.2d 557 (1997), rev’d, 243 Conn. 623, 707 A.2d 25 (1998). The plaintiff appealed from that decision to this court on the limited question of subject matter jurisdiction. We affirmed the judgment of the court. Id., 152. Our Supreme Court granted certification to appeal, reversed our decision and remanded the case to the trial court for further proceedings. Toise v. Rowe, 243 Conn. 623, 632, 707 A.2d 25 (1998). The plaintiff now appeals from the decision of the trial court dismissing her administrative appeal on the merits.

The plaintiff claims that the court improperly determined that she was not entitled to tuition support from the bureau. Specifically, the plaintiff argues that the court improperly concluded that (1) the plaintiff was not entitled to financial assistance because it was not provided for in the program, (2) the bureau could not retroactively provide assistance, (3) the bureau did not fail to inform her of her rights, and (4) the bureau’s decision that was upheld by the court did not violate the purpose and intent of the Rehabilitation Act of 1973 (act), 29 U.S.C. § 701 et seq.

“We review the issues raised by the plaintiff in accordance with the limited scope of judicial review afforded by the [Uniform Administrative Procedure Act (UAPA), General Statutes § 4-166 et seq.] . . . Judicial review [311]*311of an administrative agency decision requires a court to determine whether there is substantial evidence in the administrative record to support the agency’s findings of basic fact and whether the conclusions drawn from those facts are reasonable. . . . [Constrained by a narrow scope of review] [n] either this court nor the trial court may retry the case or substitute its own judgment for that of the administrative agency on the weight of the evidence or questions of fact. . . . Our ultimate duty is to determine, in view of all of the evidence, whether the agency, in issuing its order, acted unreasonably, arbitrarily, illegally or in abuse of its discretion. . . .

“The substantial evidence rule governs judicial review of administrative fact-finding under the UAPA. ... An administrative finding is supported by substantial evidence if the record affords a substantial basis of fact from which the fact in issue can be reasonably inferred. . . . The substantial evidence rule imposes an important limitation on the power of the courts to overturn a decision of an administrative agency . . . and . . . provide [s] a more restrictive standard of review than standards embodying review of weight of the evidence or clearly erroneous action.” (Citation omitted; internal quotation marks omitted.) United Technologies Corp. v. Commission on Human Rights & Opportunities, 72 Conn. App. 212, 222, 804 A.2d 1033, cert. denied, 262 Conn. 920, 812 A.2d 863 (2002).

I

The plaintiff first argues that the court improperly concluded that the plaintiff was not entitled to financial assistance because it was not provided for in the program. We disagree.

The plaintiffs program stated that her Yale University tuition would continue to be funded through student [312]*312loans. There is no provision in the program for the bureau to provide financial assistance for her tuition. State and federal regulations are clear that financial assistance will “be made only in accordance with an appropriately completed Individualized Written Rehabilitation Program.” (Emphasis added.) Regs., Conn. State Agencies § 10-102-15 (b); see also 29 U.S.C. § 722 (b). The plaintiff explicitly acknowledged that she “participated in the development of this program” and understood and accepted it.

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Related

Toise v. Rowe
707 A.2d 25 (Supreme Court of Connecticut, 1998)
Toise v. Rowe
687 A.2d 557 (Connecticut Appellate Court, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
845 A.2d 437, 82 Conn. App. 306, 2004 Conn. App. LEXIS 148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toise-v-rowe-connappct-2004.