§ 4-176 — Declaratory rulings. Petitions. Regulations.

Connecticut § 4-176

• Jurisdiction: Connecticut
• Title 4: Management of State Agencies
• Ch. 54: Uniform Administrative Procedure Act

Text

(a) Any person may petition an agency, or an agency may on its own motion initiate a proceeding, for a declaratory ruling as to the validity of any regulation, or the applicability to specified circumstances of a provision of the general statutes, a regulation, or a final decision on a matter within the jurisdiction of the agency. (b) Each agency shall adopt regulations, in accordance with the provisions of this chapter, that provide for (1) the form and content of petitions for declaratory rulings, (2) the filing procedure for such petitions and (3) the procedural rights of persons with respect to the petitions. (c) Within thirty days after receipt of a petition for a declaratory ruling, an agency shall give notice of the petition to all persons to whom notice is required by any provision of law and to all persons who have requested notice of declaratory ruling petitions on the subject matter of the petition. (d) If the agency finds that a timely petition to become a party or to intervene has been filed according to the regulations adopted under subsection (b) of this section, the agency: (1) May grant a person status as a party if the agency finds that the petition states facts demonstrating that the petitioner's legal rights, duties or privileges shall be specifically affected by the agency proceeding; and (2) may grant a person status as an intervenor if the agency finds that the petition states facts demonstrating that the petitioner's participation is in the interests of justice and will not impair the orderly conduct of the proceedings. The agency may define an intervenor's participation in the manner set forth in subsection (d) of section 4-177a . (e) Within sixty days after receipt of a petition for a declaratory ruling, an agency in writing shall: (1) Issue a ruling declaring the validity of a regulation or the applicability of the provision of the general statutes, the regulation, or the final decision in question to the specified circumstances, (2) order the matter set for specified proceedings, (3) agree to issue a declaratory ruling by a specified date, (4) decide not to issue a declaratory ruling and initiate regulation-making proceedings, under section 4-168 , on the subject, or (5) decide not to issue a declaratory ruling, stating the reasons for its action. (f) A copy of all rulings issued and any actions taken under subsection (e) of this section shall be promptly delivered to the petitioner and other parties personally or by United States mail, certified or registered, postage prepaid, return receipt requested. (g) If the agency conducts a hearing in a proceeding for a declaratory ruling, the provisions of subsection (b) of section 4-177c , section 4-178 and section 4-179 shall apply to the hearing. (h) A declaratory ruling shall be effective when personally delivered or mailed or on such later date specified by the agency in the ruling, shall have the same status and binding effect as an order issued in a contested case and shall be a final decision for purposes of appeal in accordance with the provisions of section 4-183 . A declaratory ruling shall contain the names of all parties to the proceeding, the particular facts on which it is based and the reasons for its conclusion. (i) If an agency does not issue a declaratory ruling within one hundred eighty days after the filing of a petition therefor, or within such longer period as may be agreed by the parties, the agency shall be deemed to have decided not to issue such ruling. (j) The agency shall keep a record of the proceeding as provided in section 4-177 .

Legislative History

(1971, P.A. 854, S. 11; P.A. 73-620, S. 8, 19; P.A. 82-349, S. 3, 4; 82-472, S. 178, 183; P.A. 88-317, S. 10, 107.) History: P.A. 73-620 made issuance of declaratory rulings discretionary and made provision for procedure if agency fails to issue ruling if requested to do so; P.A. 82-349 added provision re appeals pursuant to Secs. 4-175 and 4-183; P.A. 82-472 made a technical change, replacing appeal with remedy consisting of action for declaratory judgment; P.A. 88-317 substituted new provisions for the entire former section, effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date. Cited. 169 C. 344; 171 C. 691; 172 C. 263; 173 C. 352; 177 C. 356; 178 C. 586; 183 C. 67; Id., 76; 186 C. 153; 191 C. 173; 192 C. 460; 194 C. 165; 197 C. 91; Id., 554; 199 C. 609; 200 C. 133; 203 C. 295; 204 C. 137; 208 C. 663; Id., 709; 210 C. 349; Id., 531; 213 C. 184; 214 C. 256; Id., 726; 215 C. 616; 216 C. 253; 217 C. 130; 218 C. 335; 221 C. 422; 222 C. 414; 223 C. 450; 226 C. 792; 227 C. 545; 234 C. 424; 236 C. 681; 239 C. 32; Id., 124; Id., 599. The expansive right to petition for a declaratory ruling under section does not confer an automatic right to appeal under Sec. 4-183 which requires that the person appealing demonstrate aggrievement. 286 C. 698. A letter, that meets all of the characteristics of a request for a declaratory ruling, to a state agency by a person seeking a determination re the applicability of a statute to specific facts, may be treated as a petition for a declaratory ruling even if the author of the letter does not expressly invoke section; state agency's letter in response constituted a declaratory ruling; under the circumstances, declaratory judgment action may be treated as an administrative appeal under Sec. 4-183. 307 C. 470. Expansive right for any person to seek a declaratory ruling, and subsequent denial of the request, do not confer a right to appeal under Sec. 4-183 without pleading sufficient facts to show aggrievement. 312 C. 265. Declaratory judgment procedures under section and Sec. 4-175 may not be used to bypass obligation to exhaust remedies in context of pending administrative proceeding; issuance of second chance notice under Sec. 4-182(c) does not on its own constitute institution of agency proceedings that would give plaintiff access to administrative remedy. 315 C. 196. Cited. 1 CA 1; 2 CA 68; 4 CA 117; 5 CA 253; 6 CA 723; 17 CA 17; judgment reversed, see 212 C. 570; 21 CA 629; Id., 678; 31 CA 400; judgment reversed, see 230 C. 459; 34 CA 123; 37 CA 653; judgment reversed, see 238 C. 361; 41 CA 827; 42 CA 631; 43 CA 133; 45 CA 83. In order to constitute a petition for declaratory judgment, plaintiff's e-mail correspondence with department needed to set forth specific circumstances and seek to have department apply a regulation, statute or final decision, on a matter in its jurisdiction, to those specific circumstances. 128 CA 777. Jurisdictional challenges are within the purview of administrative agency and there exists no broad exception to the exhaustion requirement for challenges to the jurisdiction of an administrative agency; plaintiff was obligated to raise its challenge to the jurisdiction of the commission in the pending administrative proceedings and, if necessary, an appeal pursuant to Sec. 4-183 or a subsequent declaratory petition pursuant to this section. 180 CA 478. Court properly dismissed complaint for lack of subject matter jurisdiction where plaintiffs sought a declaratory ruling on the Commissioner of Education's application of the criteria set forth in Sec. 10-264 l (m) authorizing the board of education to charge tuition to suburban school districts and failed to exhaust the available administrative process under this section. 191 CA 360. Challenge to regulation should begin with petition under section; adverse ruling is appealable under Sec. 4-183 and failure to issue ruling permits action under Sec. 4-175. 32 CS 153. Cited. 33 CS 86; 39 CS 99; Id., 462; 40 CS 381; 44 CS 1.