Sec. 4-166. Definitions.
Sec. 4-166. Definitions. As used in this chapter:
(1) "Agency" means each state board, commission, department or officer authorized
by law to make regulations or to determine contested cases, but does not include either
house or any committee of the General Assembly, the courts, the Council on Probate
Judicial Conduct, the Governor, Lieutenant Governor or Attorney General, or town
or regional boards of education, or automobile dispute settlement panels established
pursuant to section 42-181;
(2) "Contested case" means a proceeding, including but not restricted to rate-making, price fixing and licensing, in which the legal rights, duties or privileges of a party
are required by state statute or regulation to be determined by an agency after an opportunity for hearing or in which a hearing is in fact held, but does not include proceedings
on a petition for a declaratory ruling under section 4-176, hearings referred to in section
4-168 or hearings conducted by the Department of Correction or the Board of Pardons
and Paroles;
(3) "Final decision" means (A) the agency determination in a contested case, (B)
a declaratory ruling issued by an agency pursuant to section 4-176 or (C) an agency
decision made after reconsideration. The term does not include a preliminary or intermediate ruling or order of an agency, or a ruling of an agency granting or denying a petition
for reconsideration;
(4) "Hearing officer" means an individual appointed by an agency to conduct a
hearing in an agency proceeding. Such individual may be a staff employee of the agency;
(5) "Intervenor" means a person, other than a party, granted status as an intervenor
by an agency in accordance with the provisions of subsection (d) of section 4-176 or
subsection (b) of section 4-177a;
(6) "License" includes the whole or part of any agency permit, certificate, approval,
registration, charter or similar form of permission required by law, but does not include
a license required solely for revenue purposes;
(7) "Licensing" includes the agency process respecting the grant, denial, renewal,
revocation, suspension, annulment, withdrawal or amendment of a license;
(8) "Party" means each person (A) whose legal rights, duties or privileges are required by statute to be determined by an agency proceeding and who is named or admitted as a party, (B) who is required by law to be a party in an agency proceeding or (C)
who is granted status as a party under subsection (a) of section 4-177a;
(9) "Person" means any individual, partnership, corporation, limited liability company, association, governmental subdivision, agency or public or private organization
of any character, but does not include the agency conducting the proceeding;
(10) "Presiding officer" means the member of an agency or the hearing officer
designated by the head of the agency to preside at the hearing;
(11) "Proposed final decision" means a final decision proposed by an agency or a
presiding officer under section 4-179;
(12) "Proposed regulation" means a proposal by an agency under the provisions of
section 4-168 for a new regulation or for a change in, addition to or repeal of an existing
regulation;
(13) "Regulation" means each agency statement of general applicability, without
regard to its designation, that implements, interprets, or prescribes law or policy, or
describes the organization, procedure, or practice requirements of any agency. The term
includes the amendment or repeal of a prior regulation, but does not include (A) statements concerning only the internal management of any agency and not affecting private
rights or procedures available to the public, (B) declaratory rulings issued pursuant to
section 4-176 or (C) intra-agency or interagency memoranda;
(14) "Regulation-making" means the process for formulation and adoption of a
regulation.
(1971, P.A. 854, S. 1; P.A. 73-620, S. 1-3, 19; P.A. 75-529, S. 2, 4; P.A. 78-379, S. 24, 27; P.A. 80-471, S. 1; P.A. 82-338, S. 7; P.A. 87-522, S. 1, 6; P.A. 88-317, S. 1, 107; P.A. 92-160, S. 16, 19; P.A. 95-79, S. 9, 189; P.A. 04-94, S. 1; 04-234, S. 2.)
History: P.A. 73-620 redefined "agency", specifically excepting the governor, lieutenant governor and attorney general,
redefined "contested case", excluding cases involving hearings referred to in Sec. 4-168 and redefined "regulation", specifically excluding interagency memoranda; P.A. 75-529 redefined "agency" to exclude town or regional boards of education;
P.A. 78-379 redefined "agency" to exclude judicial review council; P.A. 80-471 redefined "regulation" in Subdiv. (7),
changed numbered subdivisions to lettered subdivisions and added Subdiv. (8) defining "proposed regulation"; P.A. 82-338 redefined "agency" to specifically exclude council on probate judicial conduct; P.A. 87-522 redefined "agency" to
exclude automobile dispute settlement panels; P.A. 88-317 rephrased definition of "agency" in Subdiv. (1), amended
definition of "contested case" in Subdiv. (2) to exclude proceedings on declaratory ruling petition, added new Subdivs.
(3), (4) and (5), defining "final decision", "hearing officer" and "intervenor", renumbered former Subdivs. (3) and (4),
defining "license" and "licensing", to (6) and (7), renumbered former Subdiv. (5), defining "party", to Subdiv. (8) and
substantially amended the definition, renumbered former Subdiv. (6), defining "person", to Subdiv. (9) and excluded "the
agency conducting the proceeding" from the definition in lieu of "an agency", added new Subdivs. (10), (11) and (12),
defining "presiding officer", "proposed final decision" and "proposed regulation", renumbered former Subdiv. (7), defining
"regulation", to Subdiv. (13), repealed former Subdiv. (8) defining "proposed regulation" and added new Subdiv. (14)
defining "regulation-making", effective July 1, 1989, and applicable to agency proceedings commenced on or after said
date; P.A. 92-160 amended Subdiv. (1) by deleting reference to judicial review council; P.A. 95-79 redefined "person" to
include a limited liability company, effective May 31, 1995; P.A. 04-94 amended definition of "contested case" in Subdiv.
(2) by replacing "required by statute" with "required by state statute or regulation" and adding exception for hearings
conducted by Department of Correction or Board of Parole; P.A. 04-234 replaced Board of Parole with Board of Pardons
and Paroles in Subdiv. (2), effective July 1, 2004.
See Sec. 4-188a re requirements for exemption of constituent units of higher education from provisions of chapter.
Cited. 166 C. 337. The term "state board" includes such entities as the Berlin board of education when acting as agent
of the state. 167 C. 368. Cited. 168 C. 435. Cited. 172 C. 263. Cited. 173 C. 462. Cited. 176 C. 82. Cited. 184 C. 311.
Cited. 186 C. 153. Cited. 191 C. 173. Cited. 198 C. 445. Cited. 207 C. 346. Cited. 211 C. 690. Cited. 212 C. 83. Cited.
213 C. 184. Cited. 214 C. 560. Cited. 215 C. 517. Cited. 216 C. 228. Cited. 220 C. 516. Cited. 231 C. 391. Cited. 238 C.
361. Cited. 239 C. 32. Because Sec. 22a-371 does not require Commissioner of Environmental Protection to conduct hearing
to determine whether an application is complete, commissioner's rejection notice for plaintiff's insufficient application did
not constitute a final decision in contested case. 263 C. 692. Plaintiff determined to have no statutory right of appeal from
decision of Department of Social Services with respect to liens imposed pursuant to Secs. 17b-93 and 17b-94 which provide
for reimbursement of Medicaid and public assistance benefits previously paid by state to plaintiff, and therefore hearing
is not a "contested case" as defined under Uniform Administrative Procedure Act. Trial court judgment reversed and case
remanded with direction to dismiss plaintiff's administrative appeal for lack of subject matter jurisdiction. 273 C. 434.
Department of Public Works was not under a statutory or regulatory mandate to conduct a hearing regarding alleged
violations of bidding process. There was no agency determination in a contested case. Plaintiff had no right to judicial
review of commissioner's decision because it was not aggrieved by a final decision required to trigger judicial review
under Uniform Administrative Procedure Act. 282 C. 764.
Cited. 1 CA 1. Cited. 9 CA 622. Cited. 19 CA 713. Cited. 25 CA 555. Harmless error analysis is available in the
administrative context. 57 CA 767. Plaintiff was not aggrieved by final decision because the hearing, which was not
required by statute, did not constitute contested case within meaning of statute. 75 CA 215.
Question whether personnel policies of state colleges are "regulations" within meaning of this chapter. 32 CS 153.
Cited. 34 CS 225. Sec. 4-166 et seq. cited. 36 CS; Id., 18. Cited. 38 CS 24. Cited. 40 CS 365. Cited. 44 CS 21.
Subdiv. (1):
Berlin board of education held authorized by law to determine contested cases. 167 C. 368. Cited. 170 C. 668. Exclusions
of governor, lieutenant governor and attorney general from definition of "agency" constitute exemptions from chapter.
172 C. 603. Cited. 176 C. 318; Id., 466. Indian affairs council is an "agency" within the meaning of the statute. 180 C.
474. Cited. 181 C. 69. Cited. 183 C. 76. Cited. 193 C. 379. Cited. 195 C. 174. Cited. 207 C. 77; Id., 674. Cited. 208 C.
709. Cited. 217 C. 130. Cited. 228 C. 651. Cited. 231 C. 308. Cited. 235 C. 128. Adoption review board is an "agency".
247 C. 474.
Cited. 3 CA 464. Cited. 6 CA 473. Cited. 13 CA 1. Cited. 17 CA 429. Cited. 18 CA 13. Cited. 22 CA 181. Cited. 35
CA 769.
Cited. 39 CS 443.
Subdiv. (2):
Hearing under section 10-151(b) is a "contested case". 167 C. 368. Cited. 171 C. 348; Id., 691. Cited. 183 C. 76; Id.,
128. Cited. 191 C. 497. Cited. 193 C. 379. Cited. 214 C. 726. Cited. 221 C. 422. Cited. 224 C. 693. Cited. 226 C. 105.
Court found legislative intent to limit contested case status to proceedings in which agency is required by statute to provide
opportunity for hearing determining party's legal rights or privileges. Id., 792. Cited. 231 C. 403. Cited. 234 C. 411. Cited.
235 C. 128. Cited. 239 C. 124. Proceeding of adoption review board constitutes a "contested case". 247 C. 474. Decision,
after hearing, terminating authorized vendor from participation in federal Special Supplemental Food Program for Women,
Infants and Children (WIC) was not final decision in a contested case since hearing not required by state statute. 262 C.
222. Trial court properly determined that P.A. 04-94, which amended definition of contested case to include a hearing
required by "state" statute "or regulation", did not apply retroactively because that act implements a substantive change
in the law. 283 C. 156.
Cited. 2 CA 196. Cited. 28 CA 674. Cited. 37 CA 653; judgment reversed, see 238 C. 361. Cited. Id., 777. Cited. 44
CA 143.
Cited. 30 CS 118. Cited. 39 CS 202. Cited. 42 CS 413. Cited. 43 CS 386.
Subdiv. (3):
Cited. 221 C. 422. Subdiv. (A) cited. 224 C. 693. Cited. 227 C. 545. Cited. 231 C. 391. Cited. 232 C. 181. Cited. 234
C. 411. Subdiv. (B) cited. Id., 424. Cited. 239 C. 124. Denial of petition to intervene pursuant to Sec. 22a-19 was not a
final decision within meaning of statute because it is not the agency determination in a contested case because, in turn, it
does not determine the legal rights, duties or privileges of a party and instead, it is more properly considered as a preliminary
or intermediate ruling of the agency. 259 C. 131.
Cited. 37 CA 653; judgment reversed, see 238 C. 361. Cited. Id., 777. Subdiv. (A) cited. 44 CA 143. Commissioner's
decision denying plaintiff's petition for reconsideration is not a final decision. 61 CA 137.
Subdiv. (5):
Cited. 205 C. 324. Cited. 207 C. 674. Cited. 212 C. 157.
Cited. 3 CA 416. Cited. 14 CA 376.
Parties admitted at a Blue Cross rate hearing, need only be served notice of an appeal, not necessarily made parties to
the appeals. 31 CS 257.
Subdiv. (6):
Cited. 226 C. 792. Cited. 235 C. 128.
Subdiv. (7):
Former Sec. 4-41 defined "regulation" as "designed to implement, interpret or prescribe law or to establish the general
policy of such department or agency". 165 C. 559. Not mandatory that such regulations be adopted by motor vehicle
department relative to hearings on suspension or revocation of dealers' licenses, but hearings not to violate the fundamentals
of natural justice. Id. Cited. 177 C. 356. Cited. 183 C. 76. Applicability of statute to regulations promulgated under Sec.
14-298 discussed. Id., 313. Cited. 187 C. 458. Cited. 191 C. 384. Cited. 200 C. 133; Id., 489. Cited. 204 C. 287.
Cited. 41 CS 271.
Subdiv. (8):
Cited. 30 CA 85.
Subdiv. (9):
Cited. 37 CA 653; judgment reversed, see 238 C. 361.