§ 4-186 — Chapter 54 exemptions and conflicts.

Connecticut § 4-186

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

Text

(a) Appeals from denial of compensation under the Family and Medical Leave Insurance Program or imposition of a penalty pursuant to section 31-49r, appeals from the decisions of the administrator of the Unemployment Compensation Act, appeals from decisions of the employment security appeals referees to the board of review, and appeals from decisions of the Employment Security Board of Review to the courts, as is provided in chapter 567, and appeals from the Commissioner of Revenue Services to the courts, as provided in chapters 207 to 212a, inclusive, 214, 214a, 217, 218a, 219, 220, 221, 222, 223, 224, 225, 227, 228b, 228c, 228d, 228e and 229 and appeals from decisions of the Secretary of the Office of Policy and Management pursuant to sections 12-242hh, 12-242ii and 12-242kk, are excepted from the provisions of this chapter. (b) (1) In the case of conflict between the provisions of this chapter and the provisions of chapter 567 and provisions of the general statutes relating to limitations of periods of time, procedures for filing appeals, or jurisdiction or venue of any court or tribunal governing unemployment compensation, employment security, Family and Medical Leave Insurance Program or manpower appeals, the provisions of the law governing unemployment compensation, employment security, Family and Medical Leave Insurance Program and manpower appeals shall prevail. (2) In the case of conflict between the provisions of this chapter and the provisions of sections 8-37gg , 8-345 and 8-346a relating to administrative hearings, the provisions of sections 8-37gg , 8-345 and 8-346a shall prevail. (c) The Employment Security Division, the Labor Commissioner or said commissioner's designee with respect to the Family and Medical Leave Insurance Program, the Board of Mediation and Arbitration of the state Labor Department, the Office of the Claims Commissioner, and the Workers' Compensation Commission are exempt from the provisions of section 4-176e and sections 4-177 to 4-183 , inclusive. (d) The provisions of this chapter shall not apply: (1) To procedures followed or actions taken concerning the lower Connecticut River conservation zone described in chapter 477a and the upper Connecticut River conservation zone described in chapter 477c, (2) to the administrative determinations authorized by section 32-9r concerning manufacturing facilities in distressed municipalities, (3) to the rules made pursuant to section 9-436 for use of paper ballots and (4) to guidelines established under section 22a-227 for development of a municipal solid waste management plan. (e) The provisions of this chapter shall apply to the Board of Regents for Higher Education in the manner described in section 10a-7 and to the Department of Correction in the manner described in section 18-78a . (f) The provisions of section 4-183 shall apply to the Psychiatric Security Review Board in the manner described in section 17a-597 , and to appeals from the condemnation of a herd by the Commissioner of Agriculture in the manner described in section 22-288a . (g) The provisions of section 4-183 shall apply to special education appeals taken pursuant to subdivision (4) of subsection (d) of section 10-76h , in the manner described therein. The final decision rendered in the special education hearings pursuant to section 10-76h shall be exempt from the provisions of section 4-181a . (h) The Higher Education Supplemental Loan Authority and the Municipal Liability Trust Fund Committee are not agencies for the purposes of this chapter. (i) Guidelines, criteria and procedures adopted pursuant to section 10a-225 by the Connecticut Higher Education Supplemental Loan Authority and the state-wide solid waste management plan adopted under section 22a-227 shall not be construed as regulations under this chapter. (j) The Judicial Review Council is exempt from the provisions of sections 4-175 to 4-185 , inclusive.

Legislative History

(1972, P.A. 293, S. 1; P.A. 77-426, S. 8, 19; 77-603, S. 5, 125; 77-614, S. 139, 610; P.A. 88-317, S. 25, 107; P.A. 91-277, S. 5, 6; P.A. 92-262, S. 39, 42; P.A. 93-353, S. 36, 52; P.A. 95-2, S. 21, 37; 95-132, S. 3, 5; P.A. 97-132, S. 5; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1; P.A. 11-48, S. 285; P.A. 15-29, S. 5; P.A. 16-127, S. 26; June Sp. Sess. P.A. 21-2, S. 276; P.A. 24-24, S. 2.) History: P.A. 77-426 deleted reference to unemployment commissioners and included appeals from decisions of employment security appeals referees to the board of review and from decisions of board of review under exception; P.A. 77-603 included appeals from decisions of tax commissioner to courts in exception; P.A. 77-614 replaced tax commissioner with commissioner of revenue services, effective January 1, 1979; P.A. 88-317 designated former section as Subsec. (a) and added Subsecs. (b) to (h), inclusive, re applicability of chapter 54 to specific procedures, programs and agencies, effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A. 91-277 amended Subsec. (f) to delete reference to special education appeals taken pursuant to Sec. 10-76h(e)(3) and inserted new Subsec. (g) on special education appeals, relettering the remaining Subsecs. accordingly; P.A. 92-262 amended Subsec. (g) to substitute 1993 for 1992; (Revisor's note: In 1993 an obsolete reference in Subsec. (d)(3) to “the adoption review board established pursuant to section 45-68d” was deleted editorially by the Revisors since Sec. 45-68d is repealed, and Subdivs. (4) and (5) were renumbered accordingly as Subdivs. (3) and (4)); P.A. 93-353 amended Subsec. (g) to remove provision limiting the exemption from the provisions of Sec. 4-181a to the period from June 24, 1991, to September 30, 1993, effective July 1, 1993; P.A. 95-2 added appeals from decisions under Secs. 12-242hh, 12-242ii and 12-242kk, effective March 8, 1995; P.A. 95-132 amended Subsec. (a) to exclude appeals under chapters 214a, 217, 218a, 220, 223, 227, 228b, 228c, 228d, 228e and 229 from the chapter and deleted reference to chapter 215, effective June 7, 1995; P.A. 97-132 added Subsec. (j) exempting Judicial Review Council from provisions of Secs. 4-175 to 4-185, inclusive; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; pursuant to P.A. 11-48, “Board of Governors of Higher Education” was changed editorially by the Revisors to “Board of Regents for Higher Education” in Subsec. (e), effective July 1, 2011; P.A. 15-29 amended Subsec. (b) by designating existing provisions as Subdiv. (1) and adding Subdiv. (2) re applicability of chapter 54 in case of conflict relating to administrative hearings; P.A. 16-127 amended Subsec. (c) by substituting “Office of the Claims Commissioner” for “Claims Commissioner”, effective June 9, 2016; June Sp. Sess. P.A. 21-2 amended Subsec. (a) to add reference to denial of compensation under Family and Medical Leave Insurance Program or imposition of penalty pursuant to Sec. 31-49r, amended Subsec. (b)(1) to add references to Family and Medical Leave Insurance Program and amended Subsec. (c) to add Labor Commissioner or designee re Family and Medical Leave Insurance Program, effective June 23, 2021; P.A. 24-24 made a technical change in Subsec. (c). Cited. 168 C. 504; 172 C. 263; 173 C. 462; 183 C. 76; 186 C. 153; 191 C. 173; 202 C. 583; 204 C. 672; Id., 137; 215 C. 134; 239 C. 32; 242 C. 599. Cited. 1 CA 1; 18 CA 13; 30 CA 720; 34 CA 620; 43 CA 779. Cited. 43 CS 10. Subsec. (f): The legislature did not intend to restrict judicial review of the Psychiatric Security Review Board's declaratory rulings re the validity of its regulations. 291 C. 307.