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TIMELINE: ADMINISTRATIVE PER SE HEARINGS
Per Se Matters with Commissioner of Motor Vehicles
- Scheduling a Per Se Hearing
- Initial hearing to determine license suspension is scheduled upon request of operator, & must be requested within 7 days of date of mailing of notice of suspension.
- With good cause, hearing officer or operator can request a continuance of up to 15 days
- The attorney for operator can request in writing a 2d continuance if there is a conflicting court appearance.
- Further continuances can be granted upon written certification to Commissioner of facts surrounding need for continuance
- After Hearing
- If Commissioner fails to file a decision within 90 days of hearing, the operator can apply to Hartford Superior Court for an order requiring DMV to issue its final decision.
- Request for Reconsideration - file in writing within 15 days of notice of mailing of final decision (note -- this does not change date of "final decision"!!!)
- Important: The commissioner's decision is a final decision, which starts appeal clock running.
- Appeal to Superior Court
- File petition within 45 days of mailing of final decision (even if Request for Reconsideration has been filed & has not yet been acted upon)
- Within 45 days after filing appeal, must file affidavit or sheriff's report regarding service of appeal
Plaintiff's brief: file 30 days after defendant's answer, or the return of record, whichever is later
- Any motion for extension of time must be filed before time for filing brief expires and must include:
- reason(s) extension is needed
- whether other parties object/do not object to extension
- whether previous request(s) for extension have been filed, &, if so, the results of those requests
- Appeal from Superior Court to Appellate Court
- File initial appeal papers within 20 days of notice of judgment or decision
- Time may be extended upon written request filed before time for filing appeal expires
- Appellant brief due within 45 days of delivery date of ordered transcript (If no transcript required, 45 days from filing of appeal
- Appellee brief due within 30 days of appellant's brief.
- All motions for extension of time to file briefs must be in writing, filed before due date of brief, and in accordance with Conn. R. App. Proc 66-1 and 66-2.
For details on form, page limitation, copies, etc., please see relevant statute or regulation.
- Conn. Gen. Stat. § 14-227b(e)(1).
- Conn. Gen. Stat. § 14-227b(g).
- Reg. Conn. State Agencies §§ 14-137-38 (e)(3) and (4).
- Conn. Gen. Stat. § 4-180 (b).
- Conn. Gen. Stat. § 4-181a (a)(1).
- Conn. Gen. Stat. § 4-180 (c).
- Conn. Gen. Stat. § 4-183 (c).
- Conn. Prac. Book § 14-7 (a).
- Id.
- Conn. R. App. Proc. § 63-1 (a).
- Conn. R. App. Proc. § 66-1.
- Conn. R. App. Proc. § 67-3.
- Id.
- Conn. R. App. Proc. §§ 66-1 and 66-2.
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