Sec. 16a-13. Aggrieved parties. Petition for exemption. Penalty for false statement. Exemptions. Appeal. Regulations.
Sec. 16a-13. Aggrieved parties. Petition for exemption. Penalty for false statement. Exemptions. Appeal. Regulations. (a) (1) Any person aggrieved by any order
issued under section 16a-11 or 16a-12 may file a petition with the secretary requesting
an exemption. The petition shall be in such form as the secretary may prescribe. The
person filing the petition shall be subject to the penalty for making a false statement
under section 53a-157b.
(2) The secretary may grant an exemption to any person who due to certain circumstances is unable to comply with such order without suffering inordinate hardship beyond that hardship suffered by persons generally, including, but not limited to, circumstances where in the absence of such exemption the petitioner would: (A) Be prevented
from performing activities essential to the pursuit of his regular occupation or profession,
(B) suffer adverse medical effects or be unable to obtain necessary medical treatment,
or (C) incur permanent and substantial injury to person or property. The secretary may
also grant an exemption to any person who performs an essential public service and
who would be prevented from performing such service or would be impaired in his
performance in the absence of such exemption.
(3) In making a determination pursuant to this subsection, the secretary may compare the relevant circumstances of the petitioner with (A) other users of the same fuel,
users of other fuels, or both, or (B) other persons in the same economic sector or subsector, persons in other economic sectors or subsectors, or both, as determined by the
secretary to be most appropriate in terms of the specific energy resource availability
situation existing or forecast at the time such comparison is made.
(b) The secretary may investigate any such petition and consider in his decision any
relevant factual finding resulting from such investigation. The secretary may accept
submissions from third parties relevant to such petition, provided the petitioner is afforded the opportunity to respond to such third party submissions. The secretary may
also consider any other sources of relevant information in deciding the petition before
him. The secretary may hold an informal hearing, if, in his opinion, such hearing is
advisable.
(c) If the secretary determines that there is insufficient information upon which to
base a decision and if upon request the required additional information is not furnished,
the petition may be dismissed without prejudice. The secretary shall grant, deny or
dismiss without prejudice such petition not more than thirty days after receipt of such
petition. The secretary may make his decision granting an exemption conditional upon
the petitioner's taking actions specified in such decision. Upon the granting, denying
or dismissal of such petition, the secretary shall notify the petitioner, in writing, the
reasons for his decision.
(d) The secretary may reconsider and alter any decision under this section as he
deems necessary to implement such plan, or any provision of such plan or any order
adopted pursuant to section 16a-11 or 16a-12. The secretary may suspend or revoke any
exemption for any reason including but not limited to: (1) Changed circumstances where
the grounds for granting an exemption to the petitioner have ceased to exist, (2) failure on
the part of the petitioner to comply with conditions specified in the secretary's decision
granting the exemption, or (3) where the exemption was issued by mistake or on the
basis of misrepresentation or false pretenses on the part of the petitioner.
(e) The provisions of sections 4-176e to 4-181a, inclusive, shall not apply to any
proceeding held pursuant to subsections (a) to (d), inclusive, of this section. Any person
aggrieved by the decision of the secretary may appeal such decision in accordance with
the provisions of sections 4-183 and 4-184.
(f) The secretary shall adopt regulations, in accordance with chapter 54, establishing
administrative procedures to implement the provisions of this section with respect to
petitions for exemption.
(P.A. 74-285, S. 14, 20; P.A. 75-156; 75-537, S. 8, 55; 75-567, S. 75, 80; P.A. 77-614, S. 19, 610; P.A. 79-572, S. 5,
10; P.A. 80-125, S. 1, 3; 80-483, S. 67, 186; P.A. 81-330, S. 2, 13; P.A. 88-317, S. 65, 107.)
History: P.A. 75-156 added provision re exemptions in Subsec. (a); P.A. 75-537 and 75-567 replaced energy agency
administrator with commissioner of planning and energy policy; P.A. 77-614 replaced commissioner with secretary of the
office of policy and management; P.A. 79-572 replaced energy use sectors with economic sectors or subsectors in Subsec.
(a) and clarified procedure for determining whether exemption warranted, replaced Sec. 4-180 with Sec. 4-181 in Subsec.
(e) and added Subsec. (f) re adoption of regulations governing exemption petitions; P.A. 80-125 restated and expanded
exemption provisions in Subsec. (a), added provision in Subsec. (c) re conditional exemption and added provisions in
Subsec. (d) re suspension or revocation of exemption; P.A. 80-483 made technical changes; P.A. 81-330 added provision
in Subsec. (a) subjecting person filing petition to penalty for false statement; P.A. 88-317 amended reference to Secs. 4-177 to 4-181 in Subsec. (e) to include new sections added to Ch. 54, effective July 1, 1989, and applicable to all agency
proceedings commencing on or after that date.
See Sec. 16a-13a re consideration of past levels of energy consumption or changes in energy consumption in decision
to grant or deny exemption.