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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Bittle v. Commissioner of Social Services, 48 Conn. App. 711 (1998)

Citation
Bittle v. Commissioner of Social Services, 48 Conn. App. 711 (1998)
Parent Document
Bittle v. Commissioner of Social Services, 48 Conn. App. 711 (1998)
Jurisdiction
Connecticut (state)
Effective Date
1998-05-19

Full Text

1,520 chars
A review of the history of § 4-183 (c) reveals that prior to 1988, appeals had to be served on the defendant agency within thirty days of its decision. The appeal then had to be returned to court within another fifteen days, or within forty-five days of the issuance of the agency’s decision.2 General Statutes (Rev. to 1987) § 4-183. “Section 4-183 (c) is the outgrowth of the fact that ‘[i]n 1988, the legislature enacted a comprehensive revision of the [Uniform Administrative Procedure Act], based upon recommendations made after nearly three years of study and review by the Connecticut law revision commission.’ Tolly v. Department of Human Resources, [225 Conn. 13, 26, 621 A.2d 719 (1993)]. With only slight alteration, § 24 of the bill proposed by the *716law revision commission ultimately became General Statutes § 4-183 (c). Compare 1987 Thirteenth Annual Report of the Connecticut Law Revision Commission to the General Assembly, March, 1988, p. 63 (law revision commission report). The commentary to § 24 of the proposal makes clear not only that service must be made within forty-five days, but that ‘[t]he appeal must also be filed in the court within forty-five days.’ Law revision commission report, p. 39. There is nothing in the committee hearings or floor debate on Public Acts 1988, No. 88-317, to suggest that the legislature intended to depart from this earlier and clearly expressed intent.” Glastonbury Volunteer Ambulance Assn., Inc. v. Freedom of Information Commission, supra, 227 Conn. 853.