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. Such appeal shall be filed in a manner prescribed by the appeals division 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 heard on the record of the hearing before the referee or the board may hear additional evidence or testimony, provided the board shall determine what evidence shall be heard in the appeal established in accordance with the standards and criteria in regulations adopted pursuant to section 31-237g. The board may remand the case to a referee for such further proceedings as it may direct. Upon the final determination of the appeal by the board, it shall issue its decision, affirming, modifying or reversing the decision of the referee. The board shall state in each decision whether or not it was based on the record of the hearing before the referees, the reasons for the decision and the citations of any precedents used to support it. In any case in which the board modifies the referee's findings of fact or conclusions of law, the board's decision shall include its findings of fact and conclusions of law.
(1949 Rev., S. 7521; 1951, S. 3078d; 1971, P.A. 835, S. 26; P.A. 74-339, S. 22, 36; P.A. 77-426, S. 12, 19; P.A. 83-570, S. 14, 17; P.A. 16-169, S. 11.)
History: 1971 act substituted “judicial proceeding” for “action”, replaced section 397 with section 438 of practice book, deleted “of errors” with reference to “supreme court”, specified appeals to superior court need not require bond, authorized court to order that appeal shall not stay decision pending final adjudication, included disposition of appeal by remand and added provisions re procedure in remanded cases and gave judges unquestioned right to make rules regarding appeals from decisions of unemployment commissioners where previously they had the same right “as they have in workmen's compensation appeals”; P.A. 74-339 replaced references to commissioners with references to referees and replaced previous provisions re appeals to superior court with new provisions re appeals to the board; P.A. 77-426 added provision re sites at which appeals shall be filed and heard; P.A. 83-570 added reference to procedural regulations and required board to include statement of basis and reasons for decision and citation of precedents in its decisions; P.A. 16-169 added “in a manner prescribed by the appeals division” re filing appeal and made technical changes.
See Sec. 31-301 re appeals to Compensation Review Board under provisions of Workers' Compensation Act.
Expenses of appeal denied where not claimed before administrator. 133 C. 310. Court does not try matter de novo; court may correct finding only to extent provided by Practice Book. 139 C. 20. Cited. 141 C. 321; 192 C. 104; Id., 581; 200 C. 243.
Cited. 1 CA 591; 2 CA 1; 6 CA 588; 9 CA 131; 34 CA 620.
Grounds on which Supreme Court may correct commissioner's findings. 7 CS 375; 10 CS 186. Appeal same as provided for in Workmen's Compensation Act. 12 CS 391. Right of appeal limited to those originally allowed to appeal under Sec. 31-241; aggrieved party analogous to Sec. 45-288. 15 CS 62. Cited. 17 CS 288. Court lacks jurisdiction to hear appeal if basis of commissioner's jurisdiction is not found in chapter. 21 CS 19. Function of court is to determine whether commissioner acted unreasonably, arbitrarily or illegally. Id., 144. Court may only determine whether commissioner acted unreasonably, arbitrarily or illegally; but if findings and conclusions of commissioner are not warranted by evidence, court may remand case for a rehearing and finding of facts in accordance with evidence. 22 CS 302. Cited. 23 CS 193; Id., 236. Function of court is only to ascertain whether commissioner's conclusion was unreasonable, arbitrary or illegal. 24 CS 507. Cited. 27 CS 215. Appeals under section are distinguished from Workmen's Compensation Act appeals in that grounds on which review is sought should be stated. Id., 403. In total absence of any statement of grounds of review, Superior Court had no jurisdiction of appeal and decision of commissioner became final 15 days after it was rendered. Id., 407. Review powers of Superior Court sufficient to remand decision of commissioner to him to make it more specific and to make full determination of rights of parties. 28 CS 248. Cited. 29 CS 316. Superior Court has only limited jurisdiction to review commissioner's finding. 33 CS 119. Cited. 37 CS 38; 39 CS 520; 44 CS 285.
Structure Connecticut General Statutes
Chapter 567 - Unemployment Compensation
Section 31-222. - Definitions.
Section 31-222a. - “District” defined. Continuation of commissioners in offices.
Section 31-223. - Application of chapter to employers.
Section 31-223a. - Employers not subject to chapter. Notification to employees.
Section 31-224. - Municipal and other public employees.
Section 31-226a. - Discharge, discipline, penalty or discrimination prohibited. Right of action.
Section 31-228. - Benefit for total unemployment.
Section 31-229. - Benefit for partial unemployment.
Section 31-230. - Benefit year, base period and alternative base period.
Section 31-231. - Total unemployment benefit rate.
Section 31-231a. - Total unemployment benefit rate.
Section 31-231b. - Maximum limitation on total benefits.
Section 31-232. - Maximum limitation on total benefits.
Section 31-232a. - Additional benefits payable during periods of substantial unemployment.
Section 31-232b. - Extended benefits: Definitions.
Section 31-232c. - Applicability of chapter.
Section 31-232d. - Eligibility conditions.
Section 31-232e. - Weekly extended benefit amount.
Section 31-232f. - Total extended benefit amount.
Section 31-232g. - Public announcements and computations by administrator.
Section 31-232h. - Additional benefits payable, when.
Section 31-232i. - Administrator's duties with respect to federal act.
Section 31-232j. - Extended benefits payable from Unemployment Compensation Fund.
Section 31-232k. - Interstate claims for extended benefits.
Section 31-233. - Temporary extended-duration benefits.
Section 31-234. - Dependency allowances.
Section 31-235a. - Methods of payment by nonprofit organizations.
Section 31-236. - Disqualifications. Exceptions.
Section 31-236a. - Eligibility of apprentice unemployed due to labor dispute.
Section 31-236c. - Ineligibility of certain board of education employees.
Section 31-236d. - Eligibility of individual in training approved under the Trade Act of 1974.
Section 31-236e. - Basis for determination of eligibility. Regulations.
Section 31-236f. - Information re the availability of unemployment compensation benefits. Procedure.
Section 31-237. - Employment Security Division.
Section 31-237a. - Definitions.
Section 31-237b. - Employment Security Appeals Division established.
Section 31-237e. - Employment Security Appeals Division personnel, payment, appointment.
Section 31-237f. - Disqualification of board member; challenge; replacements.
Section 31-237g. - Powers of Employment Security Board of Review, rules of procedure.
Section 31-237h. - Access of appeals division to records of the Employment Security Division.
Section 31-237i. - Referee section established. Appointment of referees; chief referee.
Section 31-237j. - Appeals to referee section; jurisdiction, venue; panel of referees.
Section 31-239. - Advisory council.
Section 31-240. - Claim procedure. Filing.
Section 31-241. - Determination of claims and benefits. Notice, hearing and appeal. Regulations.
Section 31-243. - Continuous jurisdiction.
Section 31-244a. - Procedure on appeals; hearings; rules of evidence; record.
Section 31-245. - Authority to administer oaths and issue subpoenas.
Section 31-246. - Enforcement of subpoena.
Section 31-247. - Witness fees. Payment of expenses of proceedings.
Section 31-248a. - Transfer of case from referee to Employment Security Board of Review.
Section 31-249d. - Disqualification of referees and board members as advocates.
Section 31-249e. - Decisions of board and referees. Methods of issuance. Notice of appellate rights.
Section 31-249h. - Regulations defining “good cause”.
Section 31-250. - Administration. Duties and powers of administrator.
Section 31-250a. - Advisory board. Membership. Functions and duties.
Section 31-251. - General regulations.
Section 31-252. - Public distribution of law, regulations and reports.
Section 31-253. - Delegation of authority.
Section 31-254. - Records and reports. State directory of new hires. Disclosure.
Section 31-254a. - Wage and claim information to national directory of new hires.
Section 31-255. - Reciprocal agreements with other states.
Section 31-256. - Application for advances to Unemployment Trust Fund.
Section 31-257. - Repayment of benefits on receipt of retroactive pay.
Section 31-258. - Repayment of benefits on receipt of workers' compensation.
Section 31-259. - Employment Security Administration Fund.
Section 31-260. - Transfer of funds authorized by federal Railroad Unemployment Insurance Act.
Section 31-261. - Unemployment Compensation Fund. Payment of administrative expenses.
Section 31-262. - Deposits of contributions. Payments to United States Treasurer.
Section 31-263. - Withdrawals of funds for payment of benefits and reimbursement of advance fund.
Section 31-264. - Management of fund upon discontinuance of or changes in Unemployment Trust Fund.
Section 31-264a. - Unemployment Compensation Advance Fund.
Section 31-264b. - Issuance of unemployment compensation revenue bonds.
Section 31-265. - Interest on contributions not paid when due.
Section 31-266. - Collection of contributions. Lien. Foreclosure.
Section 31-266b. - Disposition of real or personal property taken by foreclosure.
Section 31-266c. - Abatement of contributions. Compromises.
Section 31-268. - Adjustment of errors.
Section 31-269. - Refunds and deficiencies.
Section 31-272. - Protection of rights and benefits.
Section 31-274a to 31-274f. - Nonprofit organizations.
Section 31-274g. - Cooperation with other states for enforcement of law.
Section 31-274h. - Publication of unemployment compensation information.
Section 31-274i. - Information to be provided re earned income credit program.
Section 31-274j. - Voluntary shared work unemployment compensation program.