Connecticut General Statutes
Conn. Gen. Stat. § 23-45 (2025)
Regulations by commissioner. Violations. Penalty
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The Commissioner of Transportation is authorized to make and enforce such rules and regulations as may be required to carry out the provisions of sections 23-43 and 23-44 and may, at any time, for cause shown, upon hearing, after notice to all parties in interest, rescind, reverse or alter any order made by him pursuant to the authority conferred by said sections. Any railroad company which fails to obey any order of said commissioner made in pursuance of the authority granted by sections 23-43 and 23-44 and this section shall be fined not more than five thousand dollars for each offense. Each distinct violation of any such order shall be a separate offense, and, in the case of a continued violation, each day thereof shall be deemed a separate offense.
(1949 Rev., S. 3486; P.A. 75-486, S. 55, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136; P.A. 79-560, S. 12, 39.)
History: P.A. 75-486 replaced public utilities commission with public utilities control authority; P.A. 77-614 and P.A. 78-303 replaced public utilities control authority with commissioner of transportation, effective January 1, 1979; P.A. 79-560 replaced provision penalizing violators as provided in Sec. 16-41 with specific penalty.
See Sec. 13b-4b re Commissioner of Transportation's powers relative to railroads.
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Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2012–2023 · leading case: Metro. Dist. v. Comm'n on Human Rights & Opportunities, 184 A.3d 287 (Conn. App. Ct. 2018).
Metro. Dist. v. Comm'n on Human Rights & Opportunities, 184 A.3d 287 (Conn. App. Ct. 2018). “In its motion to dismiss, the commission also alleged that the plaintiff lacked standing to request a writ of mandamus pursuant to General Statutes § 52-485 and Practice Book § 23-45, the latter of which provides in relevant part that "[a]n action of mandamus may be brought in…”
Garcia v. City of Hartford, 42 A.3d 429 (Conn. App. Ct. 2012). “On December 8, 2004, the defendant filed an answer and special defenses asserting that an action of mandamus, pursuant to Practice Book § 23-45, “may be brought in an individual right by any person who claims entitlement to that remedy to enforce a private duty owed to that…”
State v. Douglas C., No. SC20456 (Conn. Jan. 10, 2023). “Chapter 23 is a subsection of the broad, general section, ‘‘Superior Court—Procedure in Civil Matters,’’ which spans seven- teen chapters detailing process in civil actions.”
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