(a) The presiding officer shall grant a person status as a party in a contested case if that officer finds that: (1) Such person has submitted a written petition to the agency and mailed copies to all parties, at least five days before the date of hearing; and (2) the petition states facts that demonstrate that the petitioner's legal rights, duties or privileges shall be specifically affected by the agency's decision in the contested case.
(b) The presiding officer may grant any person status as an intervenor in a contested case if that officer finds that: (1) Such person has submitted a written petition to the agency and mailed copies to all parties, at least five days before the date of hearing; and (2) the petition states facts that demonstrate that the petitioner's participation is in the interests of justice and will not impair the orderly conduct of the proceedings.
(c) The five-day requirement in subsections (a) and (b) of this section may be waived at any time before or after commencement of the hearing by the presiding officer on a showing of good cause.
(d) If a petition is granted pursuant to subsection (b) of this section, the presiding officer may limit the intervenor's participation to designated issues in which the intervenor has a particular interest as demonstrated by the petition and shall define the intervenor's rights to inspect and copy records, physical evidence, papers and documents, to introduce evidence, and to argue and cross-examine on those issues. The presiding officer may further restrict the participation of an intervenor in the proceedings, including the rights to inspect and copy records, to introduce evidence and to cross-examine, so as to promote the orderly conduct of the proceedings.
(P.A. 88-317, S. 20, 107.)
History: P.A. 88-317 effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date.
Cited. 233 C. 486; 234 C. 624; 239 C. 32.
Cited. 30 CA 85; 35 CA 455; 37 CA 653; judgment reversed, see 238 C. 361.
Notes of Decisions
Off. of Consum. Couns. v. Dep't of Pub. Util. Control, 662 A.2d 1251 (Conn. 1995).
· cites it 15× “Indeed, because this case does not require us to decide the scope of judicial review, we neither address nor conclude, contrary to the suggestion of the dissent, that “to be a ‘party’ for a right to appeal under § 16-35, the person or entity must comply with the rigorous…”
Nizzardo v. State Traffic Comm'n, 788 A.2d 1158 (Conn. 2002).
· cites it 9× “General Statutes § 4-177a (a) (2) 14 provides that a “person,” as specifically *143 and broadly defined in § 4-166 (9), 15 shall be made a “patty” in a contested case if the person timely files a petition that “states facts that demonstrate that the petitioner’s legal rights,…”
Connecticut Resources Recovery Auth. v. Comm'r of Env't Prot., 659 A.2d 714 (Conn. 1995).
· cites it 4× “Thereafter, the plaintiff Southeastern Connecticut Regional Resources Recovery Authority (SCRRRA) petitioned, pursuant to General Statutes § 4-177a 9 and the rules of practice of *494 the department, to intervene as a party in the administrative proceeding.”
Staehle v. Michael's Garage, Inc., 646 A.2d 888 (Conn. App. Ct. 1994).
· cites it 2× “4 The plaintiff sought either party or intervenor status, pursuant to General Statutes § 4-177a. The request was denied as untimely, but the DMV hearing officer indicated that the DMV hearing would not affect the plaintiffs right to bring a civil suit.”
High Watch Recovery Ctr., Inc. v. Dept. of Pub. Health, 207 Conn. App. 397 (Conn. App. Ct. 2021).
· cites it 5× “8 On March 23, 2018, the OHCA granted the plaintiff’s request to intervene pursuant to General Statutes § 4-177a, which sets forth the proce- dural requirements for conferring intervenor status in contested cases, and directed the plaintiff to submit its prefiled testimony by…”
Klug v. Inland Wetlands Comm'n, 619 A.2d 8 (Conn. App. Ct. 1993).
· cites it 3× “” General Statutes § 4-177a provides in pertinent part: “(a) The presiding officer shall grant a person status as a party in a contested case if that officer finds that: (1) Such person has submitted a written petition to the agency and mailed copies to all parties, at least…”
Hous. Auth. v. Papandrea, 610 A.2d 637 (Conn. 1992).
“The agency may define an intervenor’s participation in the manner set forth in subsection (d) of section 4-177a. “(e) Within sixty days after receipt of a petition for a declaratory ruling, an agency in writing shall: (1) Issue a ruling declaring the validity of a regulation or…”
Goldberg v. Ins. Dep't, 540 A.2d 365 (Conn. 1988).
· cites it 2× “The initial and first amended notices also specifically notified the plaintiffs that the hearings would be conducted in accordance with General Statutes §§ 4-177a and 4-182. “[General Statutes] Sec.”
High Watch Recovery Ctr., Inc. v. Dept. of Pub. Health, 347 Conn. 317 (Conn. 2023).
· cites it 2× “’’ On March 22, 2018, the plaintiff filed a notice of appear- ance with the OHCA and submitted a petition requesting designation as an intervenor pursuant to General Stat- utes § 4-177a and § 19a-9-27 of the Regulations of Con- necticut State Agencies.”
State v. State Employees' Review Bd., 650 A.2d 158 (Conn. 1994).
““(8) ‘Party’ means each person (A) whose legal rights, duties or privileges are required by statute to be determined by an agency proceeding and who is named or admitted as a party, (B) who is required by law to be a party in an agency proceeding or (C) who is granted status as…”
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