Unless such appeal is withdrawn, a referee shall promptly hear the claim, de novo, and render a decision thereon. Unless a party has waived the notice or agreed to a shorter period of time, notice, by mail or otherwise, of the time and place of such hearing shall be given each interested party not less than five days prior to the date appointed therefor. The parties, including the administrator, shall be notified of the referee's decision, which notification shall be accompanied by a finding of the facts and the conclusions of law upon which the decision is based. The referee may, for good cause, issue a decision which remands the case to the administrator for such further proceedings as the referee may reasonably direct. Such hearing shall be held by the referee designated by the chief referee. No referee shall hear an appeal if he or she has any interest in the proceeding or in the business of any party to the proceeding. A challenge to the interest of a referee may be made by any party to the proceeding. The decision on said challenge shall be made by the chairman of the board, after proceedings held in accordance with such rules of procedures as the board may establish.
(1949 Rev., S. 7514; 1971, P.A. 835, S. 23; P.A. 74-339, S. 15, 36; P.A. 87-364, S. 2, 8; P.A. 16-169, S. 7.)
History: 1971 act deleted “congressional” with references to districts; P.A. 74-339 referred to referees rather than commissioners, authorized waiver of notice or agreement to shorter time period by interested parties and added provisions re challenges to interest of referees; P.A. 87-364 provided that the referee may remand the case to the administrator for good cause; P.A. 16-169 made technical changes.
Expenses of appeal denied where not claimed before administrator. 133 C. 310. Cited. 135 C. 696; 161 C. 362. Cited re section's effect on the speed and fairness of the resolution of contested claims. 175 C. 269. Cited. 192 C. 581; 200 C. 243.
Cited. 1 CA 591; 2 CA 1; 34 CA 620.
Only employers whose merit rating accounts were charged with compensable separations have right to appeal from original award. 15 CS 62. Commissioner limited in his decision to the period covered by the decision of the examiner. 18 CS 11. Cited. 21 CS 19; 27 CS 217. Case remanded to commissioner for further proceedings where decision made was not specific as to dates of claimant's ineligibility for benefits on grounds of his failure to make reasonable efforts to find work. 28 CS 248. Cited. 37 CS 38; 44 CS 285.
Notes of Decisions
Finkenstein v. Adm'r, Unemployment Comp. Act, 470 A.2d 1196 (Conn. 1984).
· cites it 3× “General Statutes § 31-243 provides: “Jurisdiction over benefits shall be continuous but the initiating of a valid appeal under section 31-242 or the pendency of valid appellate proceedings under section 31-249 shall, if the appellate tribunal has taken jurisdiction, stay any…”
Sw. Appraisal Grp., LLC v. Adm'r, Unemployment Comp. Act, 155 A.3d 738 (Conn. 2017).
· cites it 4× “After an evidentiary hearing pursuant to General Statutes § 31-242, 4 an appeals referee (referee) upheld the defendant's decision to assess unemployment taxes, and dismissed the plaintiff's appeal.”
Magnan v. Anaconda Indus., Inc., 429 A.2d 492 (Conn. Super. Ct. 1980).
· cites it 2× “In its proceedings, the administrator; General Statutes § 31-241; the referee; General Statutes § 31-242; and the employment security board of review; General Statutes § 31-249; determine the facts and apply the law to them.”
Bennett v. Adm'r, Unemployment Comp. Act, 642 A.2d 743 (Conn. App. Ct. 1994).
· cites it 2× “See General Statutes § 31-242. After a de novo hear *623 ing, the referee affirmed the administrator’s decision on June 2, 1992.”
Berger v. Tonken, 473 A.2d 782 (Conn. 1984).
· cites it 2× “General Statutes § 31-242. 4 Any party, including the administrator, may then appeal the referee’s decision to the board of review.”
Lazarcheck v. Adm'r, Unemployment Comp. Act, 474 A.2d 465 (Conn. App. Ct. 1984).
· cites it 2× “” 3 General Statutes § 31-242 provides in relevant part: “Unless such appeal is withdrawn, a referee shall promptly hear the claim, de novo, and render a decision thereon.”
Molnar v. Adm'r, Unemployment Comp. Act, 685 A.2d 1157 (Conn. Super. Ct. 1995).
· cites it 2× “After a hearing before the appeals referee, the referee, acting pursuant to General Statutes § 31-242, affirmed the examiner’s denial.”
Bloom v. Dep't of Labor, 888 A.2d 115 (Conn. App. Ct. 2006).
“General Statutes § 51-197b provides: “(a) Except as provided in section 31-301b, all appeals that may be taken from administrative decisions of officers, boards, commissions or agencies of the state or any political subdivision thereof shall be taken to the Superior Court.”
Cicala v. Adm'r, Unemployment Comp. Act, 288 A.2d 66 (Conn. 1971).
“Section 31-273 (b) further provides that following a determination by the administrator that any person is liable to repay benefits received, an appeal may be taken to an unemployment compensa- • tion commissioner in the manner provided in § 31-242 of the General Statutes. It…”
Rotert v. Jefferson Fed. Sav. & Loan Ass'n, 623 F. Supp. 1114 (D. Conn. 1985).
· cites it 2× “, C.G.S. §§ 31-242 (Referee’s Hearing of Claim on Appeal from Examiner), 31-244a (Procedure on Appeals), 31-245 (Authority to Administer Oaths and Issue Subpoenas), 31-246 (Enforcement of Subpoena), 31-247 (Witness Fees).”
Sturges v. Adm'r, Unemployment Comp. Act, 234 A.2d 372 (Conn. Super. Ct. 1966).
“From this decision of the defendant administrator, the defendant employer appealed to the unemployment compensation commissioner, pursuant to § 31-242, who, after hearing the case de novo, affirmed the decision of the defendant administrator, from which decision this appeal is…”
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