Sec. 4-180. Contested cases. Final decision. Application to court upon agency failure.
Sec. 4-180. Contested cases. Final decision. Application to court upon agency
failure. (a) Each agency shall proceed with reasonable dispatch to conclude any matter
pending before it and, in all contested cases, shall render a final decision within ninety
days following the close of evidence or the due date for the filing of briefs, whichever
is later, in such proceedings.
(b) If any agency fails to comply with the provisions of subsection (a) of this section
in any contested case, any party thereto may apply to the superior court for the judicial
district of Hartford for an order requiring the agency to render a final decision forthwith.
The court, after hearing, shall issue an appropriate order.
(c) A final decision in a contested case shall be in writing or orally stated on the
record and, if adverse to a party, shall include the agency's findings of fact and conclusions of law necessary to its decision. Findings of fact shall be based exclusively on the
evidence in the record and on matters noticed. The agency shall state in the final decision
the name of each party and the most recent mailing address, provided to the agency, of
the party or his authorized representative. The final decision shall be delivered promptly
to each party or his authorized representative, personally or by United States mail, certified or registered, postage prepaid, return receipt requested. The final decision shall be
effective when personally delivered or mailed or on a later date specified by the agency.
(1971, P.A. 854, S. 15; P.A. 73-620, S. 17, 19; P.A. 75-529, S. 3, 4; P.A. 77-452, S. 46, 72; P.A. 78-280, S. 5, 127;
P.A. 79-631, S. 23, 111; P.A. 88-230, S. 1, 12; 88-317, S. 17, 107; 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. 73-620 deleted detailed provisions for contents of final decision or order concerning findings of fact and
conclusions of law; P.A. 75-529 added Subsecs. (a) and (b) and made former provisions Subsec. (c); P.A. 77-452 replaced
court of common pleas with superior court, effective July 1, 1978; P.A. 78-280 replaced "Hartford county" with "the
judicial district of Hartford-New Britain"; P.A. 79-631 made technical changes; P.A. 88-230 replaced "judicial district of
Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 88-317 amended Subsec. (a)
by inserting "or the due date for the" and ", whichever is later", amended Subsec. (b) by repealing provisions allowing
any interested person to apply to superior court and repealing exception to requirement for court order if agency establishes
to satisfaction of the court reasonable cause for failure to comply with Subsec. (a) and substantially amended Subsec. (c)
re form, content, basis, delivery and effective date of final decisions in contested cases, effective July 1, 1989, and applicable
to all agency proceedings commencing on or after that date; P.A. 90-98 changed the effective date of P.A. 88-230 from
September 1, 1991, to September 1, 1993; 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.
Failure to comply with former section requirements in sending plaintiff notice of final decision did not render defendant's
action void. 168 C. 94. Cited. 171 C. 691. Cited. 172 C. 263. Cited. 173 C. 462. Cited. 186 C. 153. Cited. 191 C. 173.
Cited. 204 C. 60. P.A. 1988 88-317, S. 17(c) amendment cited. 207 C. 683. Cited. 210 C. 597. Cited. 220 C. 86. Cited.
228 C. 651. Cited. 232 C. 181. Cited. 233 C. 296. Cited. 234 C. 312. Cited. 239 C. 32.
Cited. 1 CA 1. Cited. 2 CA 689. Cited. 9 CA 622.
Cited. 43 CS 457.
Subsec. (a):
Cited. 232 C. 57.
Cited. 43 CS 340; Id., 386. Cited. 44 CS 90.
Subsec. (b):
Cited. 191 C. 384. Cited. 232 C. 57.
Cited. 43 CS 340; Id., 386.
Subsec. (c):
Cited. 205 C. 324. Oral decision of an agency discussed. 232 C. 181. Cited. 237 C. 209. Cited. 239 C. 437.
Cited. 37 CA 777.