Sec. 38a-139. (Formerly Sec. 38-39k). Appeals.
Sec. 38a-139. (Formerly Sec. 38-39k). Appeals. (a) Any person aggrieved by any
regulation, order or other action of the commissioner pursuant to sections 38a-129 to
38a-l40, inclusive, or any failure of the commissioner to act as required by said sections
may appeal therefrom to the superior court for the judicial district of Hartford. The court
shall conduct its review without a jury and by trial de novo, except if all parties so
stipulate, the review shall be confined to the record. Portions of the record may be
introduced by stipulation into evidence in a trial de novo as to those parties so stipulating.
(b) The filing of an appeal pursuant to this section shall stay the application of any
such regulation, order or other action of the commissioner to the appealing party unless
the court, after giving such party notice and an opportunity to be heard, determines
that such a stay would be detrimental to the interests of policyholders, securityholders,
creditors or the public.
(1969, P.A. 444, S. 11; P.A. 78-280, S. 6, 127; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A.
95-220, S. 4-6.)
History: P.A. 78-280 substituted "judicial district of Hartford-New Britain" for "Hartford county" in Subsec. (a); P.A.
88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1,
1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; Sec. 38-39k
transferred to Sec. 38a-139 in 1991; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to
September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1,
1996, to September 1, 1998, effective July 1, 1995.
Annotations to former section 38-39k:
Cited. 184 C. 352.
Subsec. (a):
Party claiming aggrievement must successfully demonstrate a specific, personal and legal interest in subject matter of
decision and must successfully establish that this specific, personal and legal interest has been specifically and injuriously
affected by the decision. 166 C. 43.