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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 4-183

Citation
Section 4-183
Parent Document
Bittle v. Commissioner of Social Services, 249 Conn. 503 (1999)
Jurisdiction
Connecticut (state)
Effective Date
1999-07-20

Other Sections in This Document (52)

Full Text

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In its report to the legislature in support of P.A. 88-317, the law revision commission provided the following statement with regard to the extension of the thirty day period to forty-five days: “Use of the forty-five day period for agencies, parties and the court should reduce some of the confusion inherent in the present thirty-day and forty-five-day periods. In extending the appeal period fifteen days, the advisory committee decided to eliminate the fifteen day grace period that is permitted in some circumstances under [General Statutes §] 52-49.” Conn. Joint Standing Committee Hearings, Judiciary, Pt. 2,1988 Sess., p. 385. Before P.A. 88-317, an appellant was required to serve the agency within thirty days of the mailing of the notice of the agency’s final decision, but was required to file the appeal with the appropriate court within forty-five days of the same. See General Statutes (Rev. to 1987) § 4-183 (b). According to Steve Frazzini, the executive director of the Hartford County Legal Aid Society, who was “a member of the advisory group that worked ... to amend the [UAPA] for the State of Connecticut” in 1988; Conn. Joint Standing Committee Hearings, Judiciary, Pt. 1, 1988 Sess., pp. 262-63; the change from thirty to forty-five days was intended to make the statute simpler to follow. “The problem is that the present statute is very hard to follow. I don’t know how many times I have seen lawyers who have thought that they could file the appeal within [forty-five] days and they were safe. The present section has two different filing deadlines. You have to file it, you have to serve the appeal on the agency within thirty days after the decision and then within another [fifteen] days, you have to file the appeal with the court.