(a) In addition to other regulation-making requirements imposed by law, each agency shall: (1) Adopt as a regulation rules of practice setting forth the nature and requirements of all formal and informal procedures available provided such rules shall be in conformance with the provisions of this chapter; and (2) make available for public inspection, upon request, copies of all regulations and all other written statements of policy or interpretations formulated, adopted or used by the agency in the discharge of its functions, and all forms and instructions used by the agency.
(b) No agency regulation is enforceable against any person or party, nor may it be invoked by the agency for any purpose, until (1) it has been made available for public inspection as provided in this section, and (2) the regulation or a notice of the adoption of the regulation has been published in the Connecticut Law Journal if noticed prior to July 1, 2013, or posted on the eRegulations System pursuant to section 4-172 and section 4-173b, if noticed on or after July 1, 2013. This provision is not applicable in favor of any person or party who has actual notice or knowledge thereof. The burden of proving the notice or knowledge is on the agency.
(1971, P.A. 854, S. 2; P.A. 73-620, S. 4, 19; P.A. 76-297, S. 1; P.A. 88-317, S. 2, 107; P.A. 12-92, S. 1; P.A. 13-247, S. 27; 13-274, S. 2; P.A. 14-187, S. 27.)
History: P.A. 73-620 made technical changes; P.A. 76-297 required that rules of practice conform to provisions of chapter; P.A. 88-317 repealed former Subsec. (a)(4), which required final orders, decisions and opinions to be made available for public inspection, and amended Subsec. (b) to provide that no regulation, except an emergency regulation, is enforceable unless regulation or notice published in law journal and to place burden of proving notice on agency, effective July 1, 1989, and applicable to agency proceedings commenced on or after that date; P.A. 12-92 amended Subsec. (a)(3) to add reference to paper copies and amended Subsec. (b) to require publication if noticed prior to July 1, 2013, and posting online if noticed on or after July 1, 2013, and to delete exemption for regulations adopted under Sec. 4-168(f), effective July 1, 2013, and applicable to regulations noticed on and after that date; P.A. 13-247 amended Subsec. (b) to replace reference to posting online with reference to posting on eRegulations System under Secs. 4-172 and 4-173b, effective July 1, 2013, and applicable to regulations noticed on and after that date; P.A. 13-274 made identical changes as P.A. 13-247, effective July 1, 2013, and applicable to regulations noticed on and after that date; P.A. 14-187 amended Subsec. (a) to delete former Subdiv. (1) requiring adoption of regulations re description of organization and method of operation and redesignate existing Subdivs. (2) and (3) as Subdivs. (1) and (2), effective June 11, 2014.
See Sec. 4-60s(b) re exception to paper filing or service requirements adopted under this section.
Cited. 165 C. 448; 172 C. 263; 173 C. 462; 183 C. 76; 184 C. 311; 186 C. 153; 191 C. 173; 200 C. 489; 239 C. 32.
Cited. 1 CA 1.
Commission on hospitals and health care decision upheld although the commission failed to adopt rules of practice pursuant to Sec. 4-167 because plaintiff failed to assert claim under Sec. 4-174 at hearing. 32 CS 300. Cited. 40 CS 365.
Subsec. (a):
Cited. 201 C. 448. Subdiv. (2): Section not violated by department regulation incorporating by reference Uniform Administrative Procedure Act rules of procedure. 207 C. 77.
Cited. 9 CA 622.
Notes of Decisions
Goldberg v. Ins. Dep't, 540 A.2d 365 (Conn. 1988).
· cites it 13× “The trial court and the Appellate Court found that the insurance department was without authority to take any administrative action on its charges against the plaintiffs because the department had failed to comply with the mandates of General Statutes § 4-167 (a) (2). 1 Section…”
Goldberg v. Ins. Dep't, 520 A.2d 1038 (Conn. App. Ct. 1987).
· cites it 10× “The defendants maintain that § 38-4-8 of its regulations, which was in effect at the time of the hearing, was a regulation providing adequate “rules of practice setting forth the nature and requirements of all formal and informal procedures available” as required by General…”
Connecticut State Employees Ass'n v. Connecticut Pers. Policy Bd., 334 A.2d 909 (Conn. 1973).
· cites it 5× “The plaintiffs allege that the adoption of item 7487C is invalid because the board acted as a state agency promulgating regulations and as such was subject to the mandate of General Statutes §§ 4-167 to 4-170 and 4-172 of the UAPA.”
Recycling, Inc. v. Comm'r of Energy & Env't Prot., 178 A.3d 1043 (Conn. App. Ct. 2018).
· cites it 2× “" General Statutes § 4-167(a)(1). Although Sage's testimony referred to the "typical" situation in which entities are able to correct insufficiencies on their reports after being contacted by the department staff one time, she also testified that department staff will "work…”
Sav. & Loan League of Connecticut, Inc. v. Connecticut Hous. Fin. Auth., 439 A.2d 978 (Conn. 1981).
· cites it 3× “” The defendants maintain that a mandate to amend and repeal is absurd; therefore §8-248 simply specifies the procedure it must use if it chooses to adopt, amend or repeal regulations. The defendants, however, overlook the latter half of the statutory sentence, “in accordance…”
Town of Stratford v. State Bd. of Mediation & Arbitration, 153 L.R.R.M. (BNA) 2990 (Conn. 1996).
· cites it 2× “General Statutes § 4-167 addresses such matters as the requirements of each agency regarding its organization, its procedural rules, and public access to its regulations and policy statements.”
Galvin v. Freedom of Info. Comm'n, 518 A.2d 64 (Conn. 1986).
· cites it 2× “An example of the latter type of statute is General Statutes § 4-167, which in subsection (a) (1) provides that administrative agencies shall “[a]dopt as a regulation a description of its organization, stating the general course and method of its operations and the methods…”
Town of Canterbury v. Rocque, 826 A.2d 1201 (Conn. App. Ct. 2003).
· cites it 2× “See General Statutes § 4-167. For purposes of this discussion, we assume without deciding, that the commissioner could validly adopt a regulation to govern the procedure for submitting a hearing petition pursuant to General Statutes § 22a-208a.”
City of Hartford v. Powers, 438 A.2d 824 (Conn. 1981).
“Moreover, since the UAPA applies to the rate increase process, the defendant is required by § 4-167 to adopt rules of practice. At the trial, the plaintiffs argued that the defendant must adopt rules of practice governing the manner and procedure by which a fare increase is…”
Missionary Soc'y v. Bd. of Pardons & Paroles, 896 A.2d 809 (Conn. 2006).
· cites it 4× “” In February, 2005, the plaintiff submitted two letters to the defendant requesting that the defendant adopt regulations regarding the commutation of death sentences in this state. The plaintiff claimed that it was making the request pursuant to General Statutes § 4-174 1 and…”
Beck v. Bd. of Trs. of the State Colleges, 344 A.2d 273 (Conn. Super. Ct. 1975).
· cites it 2× “The effect of those changes, which the parties stipulate were not adopted in compliance with General Statutes §§ 4-167 to 4-170, was to alter in a material way the terms and conditions of employment of faculty members at the several state colleges.”
Dibello v. Barnes Page Wire Prods., Inc., 786 A.2d 1234 (Conn. App. Ct. 2001).
· cites it 2× “Despite the requirements of General Statutes § 4-167, requiring the adoption of regulations with respect to an agency’s organization, operation, methods and procedures, I find no such regulation in which the chairman of the workers’ compensation commission designates NCCI to be…”
— Conn. Gen. Stat. § 4-167(a)(1) — 1 case
Recycling, Inc. v. Comm'r of Energy & Env't Prot., 178 A.3d 1043 (Conn. App. Ct. 2018).
“" General Statutes § 4-167(a)(1). Although Sage's testimony referred to the "typical" situation in which entities are able to correct insufficiencies on their reports after being contacted by the department staff one time, she also testified that department staff will "work…”
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