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Appeal Cases - Page 5

When to file it
1. Any petition for reconsideration of a contested case must be filed in writing within fifteen (15) days after the personal delivery or mailing of the notice of final decision. Within forty days of the personal delivery or mailing of the final decision, the department, regardless of whether a petition for reconsideration has been filed, may decide to reconsider the final decision.
2. Petitions for reconsideration shall be addressed to: Legal Services Division, Department of Motor Vehicles, 60 State Street, Wethersfield, Connecticut 06109-1896.
What happens after you file it?
The Section Head at the DMV receives it and puts the entire case file together and a panel of hearing officers will review and reconsider the decision.
Where do you file it?

Petitions for reconsideration shall be addressed to: Legal Services Division, Department of Motor Vehicles, 60 State Street, Wethersfield, Connecticut 06109-1896
Can you fax it in?

I fax it and then mail a hard copy. The fax number is (860) 263-5569.
The address you mail it to

I generally mail it to: State of Connecticut, Legal Services Division, Department of Motor Vehicles, Administrative Per Se Unit, 60 State Street, P. O. Box 290861, Wethersfield, CT 06129-0861.

This differs from the address in the regulation with regard to the zip code.

I have never had a problem using either address.

You can telephone the unit at (860) 263-5204.
The fax number you fax it to

(860) 263-5569
When do you get a decision?

Within 30 days.
What the decision looks like

I have attached a copy of a decision. See Exhibit 2.
What’s the point of all this?

The real reason is to obtain a decision restoring your client’s license without the necessity of having to appeal to the Superior Court.

APPEALING THE HEARING OFFICER’S INCORRECT DECISION TO THE SUPERIOR COURT.
1. The Statute
  
  AFTER YOU FILE THE REQUEST FOR RECONSIDERATION YOU WILL RECEIVE A SHORT LETTER DECISION EITHER GRANTING OR DENYING YOUR REQUEST FOR RECONSIDERATION.
  
  The Statute with regard to the Appeal to the Superior Court is as follows:
  
  § 4-183
  
  General Statutes
  TITLE 4 Management of State Agencies
  Chapter 54 Uniform Administrative Procedure Act
  4-183 Appeal to Superior Court
  
  Sec. 4-183. Appeal to Superior Court
  1. A person who has exhausted all administrative remedies available within the agency and who is aggrieved by a final decision may appeal to the Superior Court as provided in this section. The filing of a petition for reconsideration is not a prerequisite to the filing of such an appeal.
  2. A person may appeal a preliminary, procedural or intermediate agency action or ruling to the Superior Court if (1) it appears likely that the person will otherwise qualify under this chapter to appeal from the final agency action or ruling and (2) postponement of the appeal would result in an inadequate remedy.
  3. Within forty-five days after mailing of the final decision under section 4-180 or, if there is no mailing, within forty-five days after personal delivery of the final decision under said section, a person appealing as provided in this section shall serve a copy of the appeal on the agency that rendered the final decision at its office or at the office of the Attorney General in Hartford and file the appeal with the clerk of the superior court for the judicial district of New Britain or for the judicial district wherein the person appealing resides or, if that person is not a resident of this state, with the clerk of the court for the judicial district of New Britain. Within that time, the person appealing shall also serve a copy of the appeal on each party listed in the final decision at the address shown in the decision, provided failure to make such service within forty-five days on parties other than the agency that rendered the final decision shall not deprive the court of jurisdiction over the appeal. Service of the appeal shall be made by
    1. United States mail, certified or registered, postage prepaid, return receipt requested, without the use of a state marshal or other officer, or
    2. personal service by a proper officer or indifferent person making service in the same manner as complaints are served in ordinary civil actions. If service of the appeal is made by mail, service shall be effective upon deposit of the appeal in the mail.
  4. The person appealing, not later than fifteen days after filing the appeal, shall file or cause to be filed with the clerk of the court an affidavit, or the state marshal's return, stating the date and manner in which a copy of the appeal was served on each party and on the agency that rendered the final decision, and, if service was not made on a party, the reason for failure to make service. If the failure to make service causes prejudice to any party to the appeal or to the agency, the court, after hearing, may dismiss the appeal.
  5. If service has not been made on a party, the court, on motion, shall make such orders of notice of the appeal as are reasonably calculated to notify each party not yet served.
  6. The filing of an appeal shall not, of itself, stay enforcement of an agency decision. An application for a stay may be made to the agency, to the court or to both. Filing of an application with the agency shall not preclude action by the court. A stay, if granted, shall be on appropriate terms.
  7. Within thirty days after the service of the appeal, or within such further time as may be allowed by the court, the agency shall transcribe any portion of the record that has not been transcribed and transmit to the reviewing court the original or a certified copy of the entire record of the proceeding appealed from, which shall include the agency's findings of fact and conclusions of law, separately stated. By stipulation of all parties to such appeal proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record.
  8. If, before the date set for hearing on the merits of an appeal, application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the agency, the court may order that the additional evidence be taken before the agency upon conditions determined by the court. The agency may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court.
  9. The appeal shall be conducted by the court without a jury and shall be confined to the record. If alleged irregularities in procedure before the agency are not shown in the record or if facts necessary to establish aggrievement are not shown in the record, proof limited thereto may be taken in the court. The court, upon request, shall hear oral argument and receive written briefs.
  10. The court shall not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact. The court shall affirm the decision of the agency unless the court finds that substantial rights of the person appealing have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:
    1. In violation of constitutional or statutory provisions;
    2. in excess of the statutory authority of the agency;
    3. made upon unlawful procedure;
    4. affected by other error of law;
    5. clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
    6. arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. If the court finds such prejudice, it shall sustain the appeal and, if appropriate, may render a judgment under subsection (k) of this section or remand the case for further proceedings. For purposes of this section, a remand is a final judgment.
  11. If a particular agency action is required by law, the court, on sustaining the appeal, may render a judgment that modifies the agency decision, orders the particular agency action, or orders the agency to take such action as may be necessary to effect the particular action.
  12. In all appeals taken under this section, costs may be taxed in favor of the prevailing party in the same manner, and to the same extent, that costs are allowed in judgments rendered by the Superior Court. No costs shall be taxed against the state, except as provided in section 4-184a.
  13. In any case in which a person appealing claims that he cannot pay the costs of an appeal under this section, he shall, within the time permitted for filing the appeal, file with the clerk of the court to which the appeal is to be taken an application for waiver of payment of such fees, costs and necessary expenses, including the requirements of bond, if any. The application shall conform to the requirements prescribed by rule of the judges of the Superior Court. After such hearing as the court determines is necessary, the court shall render its judgment on the application, which judgment shall contain a statement of the facts the court has found, with its conclusions thereon. The filing of the application for the waiver shall toll the time limits for the filing of an appeal until such time as a judgment on such application is rendered.
2. The Regulations
  
  I listed them in previous sections.
3. The Timeline
  
  See the statute: 4-183 Appeal to Superior Court.
4. The Reconsideration Process doesn’t toll the time

REMEMBER THAT FILING THE REQUEST FOR RECONSIDERATION DOES NOT TOLL THE TIME LIMIT TO APPEAL TO THE SUPERIOR COURT. SO, ONCE THE DECISION IS RENDERED, THE CLOCK IS RUNNING.