(a) Any decision of a referee, in the absence of a timely filed appeal from a party aggrieved thereby or a timely filed motion to reopen, vacate, set aside or modify such decision from a party aggrieved thereby, shall become final on the twenty-second calendar day after the date on which a copy of the decision is provided to the party, provided (1) any such appeal or motion which is filed after such twenty-one-day period may be considered to be timely filed if the filing party shows good cause, as defined in regulations adopted pursuant to section
31-249h, for the late filing, (2) if the last day for filing an appeal or motion falls on any day when the offices of the Employment Security Division are not open for business, such last day shall be extended to the next business day, (3) if any such appeal or motion is filed by mail, such appeal or motion shall be considered to be timely filed if it was received within such twenty-one-day period or bears a legible United States postal service postmark which indicates that within such twenty-one-day period, it was placed in the possession of such postal authorities for delivery to the appropriate office, except posting dates attributable to private postage meters shall not be considered in determining the timeliness of appeals or motions filed by mail, and (4) if any such appeal is filed electronically, such appeal shall be considered timely filed if it was received within such twenty-one-day period.
(b) Any decision of a referee may be reopened, set aside, vacated or modified on the timely filed motion of a party aggrieved by such decision, or on the referee's own timely filed motion, on grounds of new evidence or if the ends of justice so require upon good cause shown. The appeal period shall run from the date a copy of the decision entered after any such reopening, setting aside, vacation or modification, or a decision denying such motion, as the case may be, was provided to the aggrieved party, provided no such motion from any party may be accepted with regard to a decision denying a preceding motion to reopen, vacate, set aside or modify filed by the same party. An appeal to the board from a referee's decision may be processed by the referee as a motion for purposes of reopening, vacating, setting aside or modifying such decision, solely in order to grant the relief requested.
(c) Judicial review of any decision shall be permitted only after a party aggrieved thereby has exhausted his or her remedy before the board, as provided in this chapter. The administrator shall be deemed to be a party to any judicial proceeding involving any such decision and shall be represented in such proceeding by the Attorney General.
(1949 Rev., S. 7520; 1971, P.A. 835, S. 25; P.A. 74-339, S. 21, 36; P.A. 77-426, S. 11, 19; P.A. 80-260, S. 2; P.A. 81-5, S. 6; P.A. 87-364, S. 3, 8; P.A. 16-169, S. 10.)
History: 1971 act specified circumstances under which decision may be reopened, vacated, etc., set appeal period after reopening or modification and substituted “proceeding” for “action”; P.A. 74-339 substituted references to referees for references to commissioners and referred to date of mailing or personal delivery of copy of decision rather than to date of decision's rendition; P.A. 77-426 deleted references to personal delivery of copy of decision; P.A. 80-260 changed time at which decision becomes final or is reopened, modified, etc from fifteenth day after notification is mailed to twenty-second day after mailing; P.A. 81-5 substituted “board” for “commission”; P.A. 87-364 provided that appeal filed after 21 calendar days may be timely if there was good cause for the late filing, that 21-day period can only end on a business day and that postmark of any appeal filed by mail will be used to determine timeliness, and established requirements for filing motions to reopen, set aside, vacate or modify the referee's decision; P.A. 16-169 amended Subsec. (a) to replace “mailed” with “provided” re copy of decision and add Subdiv. (4) re timeliness of appeal filed electronically, and made technical and conforming changes.
See Sec. 1-2a re construction of references to “United States mail”, “postmark” or “registered or certified mail”.
Cited. 126 C. 442; 129 C. 75; 141 C. 321. Final decision is not prohibited opening a decision. 161 C. 362. Cited. 192 C. 104; Id., 581.
Cited. 3 CA 258; 9 CA 131; 43 CA 512.
Cited. 27 CS 404. Where plaintiff's petition of appeal failed totally to present any grounds of review, decision of commissioner became final on 15th day after it was rendered. Id., 407. Cited. 44 CS 285.
Notes of Decisions
Ray v. Adm'r, Unemployment Comp., 36 A.3d 269 (Conn. App. Ct. 2012).
· cites it 7× “The board reasoned that the plaintiff’s appeal was not timely because it was not filed within the twenty-one day period after the decision was mailed as required *530 by General Statutes § 31-248. The board concluded that the plaintiff had not demonstrated good cause for filing…”
Petyan v. Ellis, 510 A.2d 1337 (Conn. 1986).
“At any time before the referee’s decision has become final within the periods of limitation prescribed in section 31-248, any party including the administrator, may appeal therefrom to the board.”
Sharp v. Zoning Bd. of Appeals, 684 A.2d 713 (Conn. App. Ct. 1996).
· cites it 2× “to 1962) § 31-248 provided that “any decision of a commissioner in the absence of an appeal therefrom, as herein provided, shall become final on the fifteenth day after the date of its rendition.”
Cicala v. Adm'r, Unemployment Comp. Act, 288 A.2d 66 (Conn. 1971).
· cites it 2× “In sustaining the plaintiff’s appeal, the trial court found that the action taken by the defendant by his letter of July 5,1966, was not justified by the provi *365 sions of § 31-243 of the General Statutes and that the commissioner did not have the power to open Ms first…”
Gumbs v. Adm'r, Unemployment Comp. Act, 517 A.2d 257 (Conn. App. Ct. 1986).
· cites it 5× “The letter reporting the decision referred to the limited time during which to file a further appeal, pursuant to General Statutes § 31-248. 3 On July 25, 1984, beyond the time limited for appeal, the plaintiff appealed further to the board of review, which also dismissed the…”
Marquand v. Adm'r, Unemployment Comp. Act, 3 A.3d 172 (Conn. App. Ct. 2010).
· cites it 2× “On June 11, 2001, the plaintiff appealed from the referee’s decision to the board, and on June 26, 2001, the board dismissed the plaintiffs appeal, finding that, pursuant to General Statutes § 31-248, the plaintiffs appeal from the referee’s decision should have been filed…”
Bennett v. Adm'r, Unemployment Comp. Act, 642 A.2d 743 (Conn. App. Ct. 1994).
“Such appeal shall be filed and may be heard in any local office of the employment security division or, in the case of an interstate claim, in the office in which the claim was filed, or in the office of the appeals referee or the board of review. Such appeal to the board may be…”
Berger v. Tonken, 473 A.2d 782 (Conn. 1984).
“At any time before the referee’s decision has become final within the periods of limitation prescribed in section 31-248, any party including the administrator, may appeal therefrom to the board.”
Bellerive v. Grotto, Inc., 206 Conn. App. 702 (Conn. App. Ct. 2021).
· cites it 3× “’s electronic notice of the cancellation to NCCI was sufficient to comply with the requirements that insurance companies notify the chairman of the Work- ers’ Compensation Commission of cancellations pursuant to statute (§ 31-248), as § 31-248 authorized the commission to…”
Jason Robert's, Inc. v. Adm'r, Unemployment Comp. Act, 15 A.3d 1145 (Conn. App. Ct. 2011).
“” General Statutes § 31-249 provides in relevant part: “At any time before the referee’s decision has become final within the periods of limitation prescribed in section 31-248, any party including the administrator, may appeal therefrom to the board.”
Halabi v. Adm'r, Unemployment Comp. Act, 370 A.2d 938 (Conn. 1976).
“Cicala dealt with the question of when a decision of a commissioner becomes final pursuant to § 31-248 for purposes of barring him from opening and reversing such a decision.”
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