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CHAPTER 319q
ADMINISTRATIVE HEARINGS
Table of Contents
Sec. 17b-60. (Formerly Sec. 17-2a). Fair hearings by commissioner. Application.
Sec. 17b-61. (Formerly Sec. 17-2b). Decision. Appeal. Extension of time limit for filing appeal.
Sec. 17b-62. Transfer of general assistance application by person temporarily residing in substance abuse clinic or group home for persons with AIDS to town of applicant's legal domicile.
Sec. 17b-63. (Formerly Sec. 17-292d). Fair hearings. Application.
Sec. 17b-64. (Formerly Sec. 17-292e). Procedure for fair hearings by commissioner.
Sec. 17b-65. (Formerly Sec. 17-292f). Decision. Appeal.
Sec. 17b-66. (Formerly Sec. 17-82f). Request for hearing.
Secs. 17b-67 to 17b-74.
An aggrieved person authorized by law to request a fair hearing on a decision of
the Commissioner of Social Services or the conservator of any such person on his behalf
may make application for such hearing in writing over his signature to the commissioner
and shall state in such application in simple language the reasons why he claims to be
aggrieved. Such application shall be mailed to the commissioner within sixty days after
the rendition of such decision. The commissioner shall thereupon hold a fair hearing
within thirty days from receipt thereof and shall, at least ten days prior to the date of
such hearing, mail a notice, giving the time and place thereof, to such aggrieved person,
or if the application concerns a denial of or failure to provide emergency housing, the
commissioner shall hold a fair hearing within four business days from receipt thereof,
and shall make all reasonable efforts to provide notice of the time and place of the fair
hearing to such aggrieved person at least one business day prior to said hearing. A
reasonable period of continuance may be granted for good cause. The aggrieved person
shall appear personally at the hearing, unless his physical or mental condition precludes
appearing in person, and may be represented by an attorney or other authorized representative. A stenographic or mechanical record shall be made of each hearing, but need not
be transcribed except (1) in the event of an appeal from the decision of the hearing
officer or (2) if a copy is requested by the aggrieved person, in either of which cases it
shall be furnished by the Commissioner of Social Services without charge. The Commissioner of Social Services and any person authorized by him to conduct any hearing under
the provisions of this section shall have power to administer oaths and take testimony
under oath relative to the matter of the hearing and may subpoena witnesses and require
the production of records, papers and documents pertinent to such hearing. No witness
under subpoena authorized to be issued by the provisions of this section shall be excused
from testifying or from producing records, papers or documents on the ground that such
testimony or the production of such records or other documentary evidence would tend
to incriminate him, but such evidence or the records or papers so produced shall not be
used in any criminal proceeding against him. If any person disobeys such process or,
having appeared in obedience thereto, refuses to answer any pertinent question put to
him by the commissioner or his authorized agent or to produce any records and papers
pursuant thereto, the commissioner or his agent may apply to the superior court for the
judicial district of Hartford or for the judicial district wherein the person resides, or to
any judge of said court if the same is not in session, setting forth such disobedience to
process or refusal to answer, and said court or such judge shall cite such person to appear
before said court or such judge to answer such question or to produce such records
and papers and, upon his refusal to do so, shall commit such person to a community
correctional center until he testifies, but not for a longer period than sixty days. Notwithstanding the serving of the term of such commitment by any person, the commissioner
or his agent may proceed with such inquiry and examination as if the witness had not
previously been called upon to testify. Officers who serve subpoenas issued by the
commissioner or under his authority and witnesses attending hearings conducted by
him hereunder shall receive like fees and compensation as officers and witnesses in
the courts of this state to be paid on vouchers of the commissioner on order of the
Comptroller.
(1959, P.A. 96, S. 1; 1967, P.A. 759, S. 4; 1969, P.A. 297; 369, S. 1; P.A. 75-420, S. 4, 6; P.A. 77-274; 77-614, S. 608,
610; P.A. 78-280, S. 2, 6, 127; P.A. 87-473, S. 3; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 91-133, S. 1; P.A. 93-
142, S. 4, 7, 8; 93-262, S. 34, 87; P.A. 95-220, S. 4—6; 95-360, S. 8, 32.)
History: 1967 act authorized appearance by a representative of aggrieved person as well as attorney; 1969 acts added
Subdiv. (2) making transcription optional unless copy requested by aggrieved person in which case it is to be furnished
without charge and replaced jails with community correctional centers; P.A. 75-420 replaced welfare commissioner with
commissioner of social services; P.A. 77-274 required that hearing application be mailed within sixty rather than thirty
days of decision; P.A. 77-614 replaced commissioner of social services with commissioner of income maintenance, effective January 1, 1979; P.A. 78-280 replaced Hartford county with judicial district of Hartford-New Britain; P.A. 87-473újy
added "or if the application concerns a denial of or failure to provide emergency housing, the commissioner shall hold a
fair hearing within four business days from receipt thereof, and shall make all reasonable efforts to provide notice of the
time and place of the fair hearing to such aggrieved person at least one business day prior to said hearing"; P.A. 88-230
replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A.
90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 91-133 removed
prohibition against hearings subsequent to the decease of the aggrieved person and authorized hearings without the personal
appearance of the aggrieved person if such appearance is precluded by the person's mental or physical condition; P.A. 93-
142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993;
P.A. 93-262 replaced commissioner of income maintenance with commissioner of social services and allowed any person
operating or applying for a license to operate a family day care home to make an application for a hearing, effective July
1, 1993; Sec. 17-2a transferred to Sec. 17b-60 in 1995; P.A. 95-220 changed the effective date of P.A. 88-230 from
September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 95-360 deleted family day care home operators and
license applicants from those authorized to apply for a hearing, effective July 13, 1995.
See Secs. 17b-63 to 17b-65, inclusive, re fair hearing procedure.
See Sec. 52-260 re witness fees.
Annotations to former section 17-2a:
Where objection was made to constitutionality of section 17-90 on the basis of violation of due process of law, held
that hearing procedure set forth in this section and section 17-2b satisfies the requirements of due process. 152 C. 56, 57.
Cited. 165 C. 490, 492. Cited. 170 C. 258, 259. Cited. 172 C. 292. Cited. 177 C. 599, 600; 179 C. 83, 85. Cited. 189 C.
29, 30. Cited 191 C. 384, 386, 407. Cited. 204 C. 672, 674. Cited. 209 C. 390, 391, 393. Cited. 214 C. 256, 267. Cited.
Id., 601, 602. Cited. 222 C. 69, 71. Cited. 226 C. 818, 821, 822.
Cited. 6 CA 47, 49. Cited. 20 CA 470—473. Cited. 38 CA 522, 525. Cited. 44 CA 143.
Cited. 30 CS 587. Cited. 31 CS 515. Cited. 32 CS 561. Cited. 32 CS 599. Cited. 32 CS 607. Cited. 34 CS 281; id., 586,
587, 589. Cited. 35 CS 622, 625. Cited. 40 CS 554, 555.
Cited. 3 Conn. Cir. Ct. 269; id., 504; 4 Conn. Cir. Ct. 85; id., 138; id., 338, 339; id., 450, 647. Commissioner may
subpoena witness but does not have to do so merely because appellant requests him to. 5 Conn. Cir. Ct. 291. Cited. 5
Conn. Cir. Ct. 506. Record did not furnish evidential support for hearing officer's determination, hence judgment for the
commissioner set aside. 5 Conn. Cir. Ct. 603.
Annotations to present section:
Cited. 38 CA 522, 525. Cited. 44 CA 143.
Sec. 17b-61. (Formerly Sec. 17-2b). Decision. Appeal. Extension of time limit
for filing appeal. (a) Not later than sixty days after such hearing, or three business
days if the hearing concerns a denial of or failure to provide emergency housing, the
commissioner or his designated hearing officer shall render a final decision based upon
all the evidence introduced before him and applying all pertinent provisions of law,
regulations and departmental policy, and such final decision shall supersede the decision
made without a hearing, provided final definitive administrative action shall be taken
by the commissioner or his designee within ninety days after the request of such hearing
pursuant to section 17b-60. Notice of such final decision shall be given to the aggrieved
person by mailing him a copy thereof within one business day of its rendition. Such
decision after hearing shall be final except as provided in subsections (b) and (c) of this
section.
(b) The applicant for such hearing, if aggrieved, may appeal therefrom in accordance with section 4-183. Appeals from decisions of said commissioner shall be privileged cases to be heard by the court as soon after the return day as shall be practicable.
(c) The commissioner may, for good cause shown by an aggrieved person, extend
the time for filing an appeal to Superior Court beyond the time limitations of section 4-
183, as set forth below:
(1) Any aggrieved person who is authorized to appeal a decision of the commissioner, pursuant to subsection (b) of this section, but who fails to serve or file a timely
appeal to the Superior Court pursuant to section 4-183, may, as provided in this subsection, petition that the commissioner, for good cause shown, extend the time for filing
any such appeal. Such a petition must be filed with the commissioner in writing and
contain a complete and detailed explanation of the reasons that precluded the petitioner
from serving or filing an appeal within the statutory time period. Such petition must also
be accompanied by all available documentary evidence that supports or corroborates the
reasons advanced for the extension request. In no event shall a petition for extension
be considered or approved if filed later than ninety days after the rendition of the final
decision. The decision as to whether to grant an extension shall be made consistent with
the provisions of subdivision (2) of this subsection and shall be final and not subject to
judicial review.
(2) In determining whether to grant a good cause extension, as provided for in this
subsection, the commissioner, or his authorized designee, shall, without the necessity
of further hearing, review and, as necessary, verify the reasons advanced by the petition
in justification of the extension request. A determination that good cause prevented the
filing of a timely appeal shall be issued in writing and shall enable the petitioner to serve
and file an appeal within the time provisions of section 4-183, from the date of the
decision granting an extension. The circumstances that precluded the petitioner from
filing a timely appeal, and which may be deemed good cause for purposes of granting
an extension petition, include, but are not limited to: (A) Serious illness or incapacity
of the petitioner which has been documented as materially affecting the conduct of
personal affairs; (B) a death or serious illness in the petitioner's immediate family that
has been documented as precluding the petitioner from perfecting a timely appeal; (C)
incorrect or misleading information given to the petitioner by the agency, relating to
the appeal time period, and shown to have been materially relied on by the petitioner
as the basis for failure to file a timely appeal; (D) evidence that the petitioner did not
receive notice of the agency decision; and (E) other unforeseen and unavoidable circumstances of an exceptional nature which prevented the filing of a timely appeal.
(1959, P.A. 96, S. 2, 3; 1963, P.A. 73, S. 1; P.A. 74-183, S. 209, 291; P.A. 75-420, S. 4, 6; P.A. 76-162; 76-436, S.
179, 681; P.A. 77-452, S. 52, 72; 77-603, S. 67, 125; P.A. 78-280, S. 25, 127; P.A. 87-473, S. 4.)
History: 1963 act changed jurisdiction from common pleas to circuit court; P.A. 74-183 replaced circuit court with
court of common pleas and included reference to judicial districts; P.A. 75-420 replaced welfare commissioner with
commissioner of social services; P.A. 76-162 required decision within sixty rather than thirty days of hearing and required
"final definitive administrative action" within ninety days of hearing request; P.A. 76-436 replaced court of common pleas
with superior court, effective July 1, 1978; P.A. 77-452 repeated change in courts and, with P.A. 77-603, replaced previous
detailed appeal provisions in Subsec. (b) with statement that appeals be made in accordance with Sec. 4-183; P.A. 78-280
removed Subsec. indicators and deleted provisions formerly in Subsec. (a) re appeals; P.A. 87-473 (1) amended Subsec.
(a) to require a final decision not later than three business days after the hearing if the hearing concerns a denial of or
failure to provide emergency housing and changed the time limit for notice of the final decision from "seventy-two hours"
to "one business day" and (2) added Subsec. (c); Sec. 17-2b transferred to Sec. 17b-61 in 1995.
See Secs. 17b-63 to 17b-65, inclusive, re fair hearing procedure.
Annotations to former section 17-2b:
Where objection was made to constitutionality of section 17-90 on the basis of violation of due process of law, held
that hearing procedure set forth in this section and section 17-2a satisfies the requirement of due process. 152 C. 56, 57.
Cited. 165 C. 490, 492. Cited. 168 C. 336. Cited. 172 C. 292. Plaintiffs, who were denied AFDC benefits while residents
of Connecticut and who appealed the denial while still residents, were "aggrieved" parties, and thus could maintain the
appeal notwithstanding their subsequent removal from Connecticut. 174 C. 8, 9. Cited. 177 C. 599—602. Cited. 189 C.
29, 30. Cited. 191 C. 384, 406, 407. Cited. 214 C. 601, 603. Cited. 229 C. 664, 669. Cited. 233 C. 370, 371.
Cited. 44 CA 143.
Cited. 30 CS 587. Cited. 31 CS 515. A classification of obligations recognized in regulations concerning disposition
of assets by welfare claimants is not a violation of equal protection provisions of United States Constitution as to those
not recognized. 31 CS 547. Conclusions drawn from the facts proved must not be the result of speculation and conjecture.
Does not permit reliance on hearsay when better evidence is readily available. 32 CS 560. Substantial and competent
evidence requirement means such evidence that has rational probative force. 32 CS 564. Cited. 32 CS 603. Cited. 32 CS
605. Failure to make a finding of facts from the evidence introduced at the hearing constitutes an abuse of discretion. 32
CS 606. Cited. 33 CS 769, 770, 772. Cited. 34 CS 265, 266, 269. Cited. Id., 586, 587. Cited. 40 CS 554.
In an appeal taken under this section the basic issue before the court is whether the commissioner has acted illegally
or so arbitrarily and unreasonably as to abuse his discretion. 3 Conn. Cir. Ct. 271. Cited. 3 Conn. Cir. Ct. 504, 505; 4 Conn.
Cir. Ct. 67; id., 85; id., 138; id., 338, 339; id., 450, 647. Cited. 5 Conn. Cir. Ct. 294. On appeal from commissioner's hearing
court cannot substitute its judgment for that of commissioner. It can only decide whether action of agency was illegal,
arbitrary or an abuse of discretion. 5 Conn. Cir. Ct. 505. Cited. 6 Conn. Cir. Ct. 353. Cited. 6 Conn. Cir. Ct. 687.
Subsec. (b):
Cited. 222 C. 69, 71.
Annotations to present section:
Cited. 44 CA 143.
Sec. 17b-62. Transfer of general assistance application by person temporarily
residing in substance abuse clinic or group home for persons with AIDS to town of
applicant's legal domicile. In the event that a person temporarily residing in a substance
abuse clinic or group home for persons with AIDS applies for general assistance in the
town where the clinic or group home is located, such town shall transfer the application
to the town of the applicant's legal domicile in accordance with Department of Social
Services regulations.
(P.A. 93-262, S. 1, 87; 93-395, S. 3; 93-435, S. 59, 95.)
History: P.A. 93-262 and 93-435 authorized substitution of commissioner and department of social services for commissioner and department of income maintenance, effective July 1, 1993.
(a) Any person whose application for assistance under sections 17b-116 and 17b-134 is rejected
or whose receipt of such assistance is terminated or modified, except as provided in
subsection (c) of this section, shall have the right to a fair hearing to review such decision
in accordance with sections 17b-64 and 17b-65, provided that the town has held a hearing
in accordance with this section. Any such person shall be notified in writing immediately
of a rejection, termination or modification of such assistance and of the right to such
hearings.
(b) Within ten working days of an action to reject, terminate or modify his assistance,
except as provided in subsection (c) of this section, a person may make a signed application requesting a hearing held by the public welfare official. Within three working days
after receipt of such application for a hearing concerning a decision on an application
for assistance and within seven working days after receipt of such application for a
hearing concerning a decision on matters other than an application for assistance, the
public welfare official shall hold such hearing. Within three days after the hearing,
the public welfare official shall render a decision based solely upon all the evidence
introduced at the hearing and the application of all pertinent provisions of law, regulation
and state policy. Notice of the decision shall be mailed to the aggrieved person within
three days of its rendition.
(c) No person shall have the right to a hearing before a public welfare official or a
fair hearing by the commissioner due to the levels of assistance to be granted under the
general assistance program established pursuant to section 17b-78.
(P.A. 79-517, S. 1; P.A. 83-85; P.A. 85-61; May Sp. Sess. P.A. 92-16, S. 18, 89.)
History: P.A. 83-85 amended Subsec. (b) to change the time for requesting a hearing from within "three" working days
to "ten" working days; P.A. 85-61 amended Subsec. (b) to limit the three-day timeframe for holding a hearing to a hearing
"concerning a decision on an application for assistance" and added the seven-day timeframe for hearings on other matters;
May Sp. Sess. P.A. 92-16 amended Subsec. (b) by providing that a person may request a hearing within ten working days
of "an action to reject, terminate or modify his assistance, except as provided in subsection (c) of this section" and added
Subsec. (c) providing that no person shall have the right to request a hearing due to the level of assistance granted pursuant
to Sec. 17-3a; Sec. 17-292d transferred to Sec. 17b-63 in 1995.
See Secs. 17b-60 and 17b-61 re fair hearings.
Annotations to former section 17-292d:
Cited. 229 C. 664, 668, 672. Cited. 233 C. 370, 373.
Annotations to present section:
Cited. 232 C. 599, 606, 625. Cited. 233 C. 370, 373.
(a) An aggrieved person, or the conservator of such person on his behalf, authorized by law to request a fair hearing to review a decision of a public welfare official
may make a signed application for such hearing to the commissioner and shall state in
such application why he claims to be aggrieved. Such application shall be mailed to the
commissioner within ten days of such decision. Within fifteen days after receipt of an
application to review a decision of a public welfare official, or within four business days
if the application concerns a decision on an application for assistance, the commissioner
shall hold a fair hearing at a location convenient to the person requesting the hearing.
(b) At least seven days prior to the date of such hearing, the commissioner shall
mail a notice to such aggrieved person, giving the time and place of the hearing. If the
hearing concerns a decision on an application for assistance, the commissioner shall
make all reasonable efforts to provide notice of the time and place of the hearing to such
aggrieved person at least one business day before the hearing. A reasonable period of
continuance may be granted for good cause. The aggrieved person shall appear personally at the hearing, unless his physical or mental condition precludes appearing in person,
and may be represented by an attorney or other authorized representative. A stenographic
or mechanical record shall be made of each hearing, but need not be transcribed unless
(1) an appeal from the decision of the hearing officer is made or (2) a copy is requested
by the aggrieved person, in either of which cases it shall be furnished by the Commissioner of Social Services without charge. The Commissioner of Social Services and any
person authorized by him to conduct any hearing under the provisions of this section
shall have power to administer oaths and take testimony under oath relative to the matter
of the hearing and may subpoena witnesses and require the production of records, papers
and documents pertinent to such hearing. No witness under subpoena authorized to be
issued by the provisions of this section shall be excused from testifying or from producing records, papers or documents on the ground that such testimony or the production
of such records or other documentary evidence would tend to incriminate him, but such
evidence or the records or papers so produced shall not be used in any criminal proceeding against him. If any person disobeys such process or, having appeared in obedience
thereto, refuses to answer any pertinent question put to him by the commissioner or his
authorized agent or to produce any records and papers pursuant thereto, the commissioner or his agent may apply to the superior court for the judicial district of Hartford
or for the judicial district wherein the person resides, or to any judge of said court if the
same is not in session, setting forth such disobedience to process or refusal to answer.
Said court or such judge shall cite such person to appear before said court or such judge
to answer such question or to produce such records and papers and, upon his refusal to
do so, shall commit such person to a community correctional center until he testifies,
but not for a longer period than sixty days. Notwithstanding the serving of the term of
such commitment by any person, the commissioner or his agent may proceed with such
inquiry and examination as if the witness had not previously been called upon to testify.
Officers who serve subpoenas issued by the commissioner or under his authority and
witnesses attending hearings conducted by him hereunder shall receive like fees and
compensation as officers and witnesses in the courts of this state to be paid on vouchers
of the commissioner on order of the Comptroller.
(P.A. 79-517, S. 2; P.A. 87-473, S. 1; 87-589, S. 76, 87; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 91-133, S. 2;
P.A. 93-142, S. 4, 7, 8; 93-262, S. 1, 87; P.A. 95-220, S. 4—6.)
History: P.A. 87-473 amended Subsec. (a) to require the commissioner to hold a hearing "within four business days if
the application concerns a decision on an application for assistance" and Subsec. (b) to require the commissioner to make
reasonable efforts to notify the aggrieved person at least one business day before the hearing if it concerns a decision on
an application for assistance; P.A. 87-589 made technical change in Subsec. (b); P.A. 88-230 replaced "judicial district of
Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective
date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 91-133 removed prohibition against hearings
subsequent to the decease of the aggrieved person and authorized hearings without the personal appearance of the aggrieved
person if such appearance is precluded by the person's mental or physical condition; P.A. 93-142 changed the effective
date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 93-262 authorized
substitution of commissioner and department of social services for commissioner and department of income maintenance,
effective July 1, 1993; Sec. 17-292e transferred to Sec. 17b-64 in 1995; P.A. 95-220 changed the effective date of P.A.
88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.
See Secs. 17b-60 and 17b-61 re fair hearings.
Annotations to former section 17-292e:
Cited. 229 C. 664, 668, 672. Cited. 233 C. 370, 374.
Annotations to present section:
Cited. 232 C. 599, 602, 606, 613, 625. Cited. 233 C. 370, 374.
(a) Not later than fifteen
days after such hearing, or three business days if the hearing concerns a decision on an
application for assistance, the commissioner or his designated hearing officer shall render a final decision based upon all the evidence introduced before him and applying all
pertinent provisions of law, regulations and departmental policy. Such final decision
shall supersede the decision made without a hearing. Notice of such final decision shall
be given to the aggrieved person by mailing him a copy thereof within one business
day of its rendition and if the final decision concerns an application for assistance, the
commissioner shall make all reasonable efforts to provide notice to the aggrieved person
within such time. Such decision after hearing shall be final except that the applicant for
such hearing, if aggrieved, may appeal therefrom in accordance with section 4-183.
Appeals from decisions of said commissioner shall be privileged cases to be heard by
the court as soon after the return day as shall be practicable.
(b) All towns shall implement fair hearing decisions as directed by the commissioner or his designated hearing officer. The commissioner may withhold reimbursement due under sections 17b-78 and 17b-134 from any town which fails to implement
such a decision.
(P.A. 79-517, S. 3; P.A. 87-473, S. 2; P.A. 89-239, S. 5.)
History: P.A. 87-473 added language requiring a final decision not later than "three business days if the hearing concerns
a decision on an application for assistance" and changed the limit for the mailing of notice of a final decision from "seventy-
two hours" to "one business day" and added "if the final decision concerns an application for assistance, the commissioner
shall make all reasonable efforts to provide notice to the aggrieved person within such time"; P.A. 89-239 added Subsec.
(b) requiring towns to implement fair hearing decisions and allowing the commissioner to withhold reimbursement from
any town which fails to implement a fair hearing decision; Sec. 17-292f transferred to Sec. 17b-65 in 1995.
See Secs. 17b-60 and 17b-61 re fair hearings.
Annotation to former section 17-292f:
Cited. 229 C. 664, 672.
Annotations to present section:
Cited. 232 C. 599, 602, 603, 609, 611, 614.
Subsec. (a):
Cited. 232 C. 599, 614.
Any applicant or beneficiary aggrieved by a decision of the commissioner made without a fair hearing may
request a hearing in accordance with the provisions of section 17b-60.
(1969, P.A. 730, S. 22.)
History: Sec. 17-82f transferred to Sec. 17b-66 in 1995.
Annotations to former section 17-82f:
Cited. 20 CA 470—473. Cited. 44 CA 143.
Annotations to present section:
Cited. 44 CA 143.
Reserved for future use.
Note: Chapter 319r is also reserved for future use.
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