Sec. 31-248. Decisions of employment security referee; final date, notice; reopening; judicial review.
Sec. 31-248. Decisions of employment security referee; final date, notice; reopening; judicial review. (a) Any decision of a referee, in the absence of a timely filed
appeal from a party aggrieved thereby or a timely filed motion to reopen, vacate, set
aside or modify such decision from a party aggrieved thereby, shall become final on
the twenty-second calendar day after the date on which a copy of the decision is mailed
to the party, provided (1) any such appeal or motion which is filed after such twenty-one-day period may be considered to be timely filed if the filing party shows good cause,
as defined in regulations adopted pursuant to section 31-249h, for the late filing, (2) if
the last day for filing an appeal or motion falls on any day when the offices of the
Employment Security Division are not open for business, such last day shall be extended
to the next business day, and (3) if any such appeal or motion is filed by mail, such
appeal or motion shall be considered to be timely filed if it was received within such
twenty-one-day period or bears a legible United States postal service postmark which
indicates that within such twenty-one-day period, it was placed in the possession of
such postal authorities for delivery to the appropriate office. Posting dates attributable
to private postage meters shall not be considered in determining the timeliness of appeals
or motions filed by mail.
(b) Any decision of a referee may be reopened, set aside, vacated or modified on
the timely filed motion of a party aggrieved by such decision, or on the referee's own
timely filed motion, on grounds of new evidence or if the ends of justice so require upon
good cause shown. The appeal period shall run from the mailing of a copy of the decision
entered after any such reopening, setting aside, vacation or modification, or a decision
denying such motion, as the case may be, provided no such motion from any party may
be accepted with regard to a decision denying a preceding motion to reopen, vacate, set
aside or modify filed by the same party. An appeal to the board from a referee's decision
may be processed by the referee as a motion for purposes of reopening, vacating, setting
aside or modifying such decision, solely in order to grant the relief requested.
(c) Judicial review of any decision shall be permitted only after a party aggrieved
thereby has exhausted his remedy before the board, as provided in this chapter. The
administrator shall be deemed to be a party to any judicial proceeding involving any
such decision and shall be represented in such proceeding by the Attorney General.
(1949 Rev., S. 7520; 1971, P.A. 835, S. 25; P.A. 74-339, S. 21, 36; P.A. 77-426, S. 11, 19; P.A. 80-260, S. 2; P.A. 81-5, S. 6; P.A. 87-364, S. 3, 8.)
History: 1971 act specified circumstances under which decision may be reopened, vacated, etc., set appeal period after
reopening or modification and substituted "proceeding" for "action"; P.A. 74-339 substituted references to referees for
references to commissioners and referred to date of mailing or personal delivery of copy of decision rather than to date of
decision's rendition; P.A. 77-426 deleted references to personal delivery of copy of decision; P.A. 80-260 changed time
at which decision becomes final or is reopened, modified, etc from fifteenth day after notification is mailed to twenty-second day after mailing; P.A. 81-5 substituted "board" for "commission"; P.A. 87-364 provided that appeal filed after
21 calendar days may be timely if there was good cause for the late filing, that 21-day period can only end on a business
day and that postmark of any appeal filed by mail will be used to determine timeliness, and established requirements for
filing motions to reopen, set aside, vacate or modify the referee's decision.
See Sec. 1-2a re construing of references to "United States mail" or "postmark" to include references to any delivery
service designated by the Secretary of the Treasury pursuant to Section 7502 of the Internal Revenue Code of 1986 or any
successor to the code, as amended, and to any date recorded or marked as described in said Section 7502 by a designated
delivery service and construing of "registered or certified mail" to include any equivalent designated by the Secretary of
the Treasury pursuant to said Section 7502.
Cited. 126 C. 442. Cited. 129 C. 75. Cited. 141 C. 321. Final decision is not prohibited opening a decision. 161 C. 362.
Cited. 192 C. 104; Id., 581.
Cited. 3 CA 258. Cited. 9 CA 131. Cited. 43 CA 512.
Cited. 27 CS 404. Where plaintiff's petition of appeal failed totally to present any grounds of review, decision of
commissioner became final on fifteenth day after it was rendered. Id., 407.
Subsec. (c):
Cited. 44 CS 285.