(a) Any decision of the board, 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 thirty-first 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 thirty-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 thirty-day period or bears a legible United States postal service postmark which indicates that within such thirty-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 thirty-day period.
(b) Any decision of the board may be reopened, vacated, set aside, or modified on the timely filed motion of a party aggrieved by such decision, or on the board'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, set aside, vacate or modify filed by the same party. An appeal to Superior Court from a board decision may be processed by the board as a motion for purposes of reopening, setting aside, vacating or modifying such decision solely in order to grant the relief requested.
(c) Benefits shall be paid or denied in accordance with the decision of the board. Where the board has determined that the claimant is eligible for benefits and an appeal has been initiated under section 31-249b, benefits shall be paid during the pendency of an appeal before the court. Judicial review of any decision shall be permitted only after a party aggrieved thereby has exhausted his or her remedies before the board, as provided in this chapter.
(P.A. 74-339, S. 23, 36; P.A. 77-426, S. 13, 19; P.A. 79-187, S. 3; P.A. 87-364, S. 4, 8; P.A. 16-169, S. 12.)
History: P.A. 77-426 deleted reference to personal delivery of copy of decision; P.A. 79-187 changed time for final decision or for reopening, modifying, etc. decision from fifteenth to thirty-first day after mailing of decision; 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 decision and add Subdiv. (4) re filing of appeals 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. 192 C. 581.
Board's decision on whether to reopen a case is discretionary, not mandatory. 36 CS 210, 211. Cited. 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.