Conn. Agencies Regs. § 31-237g-51a - Motion to correct findings
(Statutory Reference: 31-249b; Practice Book Secs. 515A-518 )
(a) A party seeking to have the
findings of fact of the Board corrected must file a motion to correct findings
of fact with the Board. Such motion must be filed within two weeks of the
Board's filing of the record of an appeal to the Superior Court. A party may,
within such two-week period, seek an extension of time for the filing of such a
motion, and the Board shall grant an extension where the moving party indicates
that it has filed with the Superior Court a request that the Board prepare a
transcript of the hearings before the Referee and the Board or otherwise
demonstrates good cause for its request. The Board shall deny an untimely
request for an extension of time unless the moving party demonstrates good
cause for failing to file its request within the two-week period. For purposes
of this provision, good cause shall include such factors listed in Section
31-237g-49
of these regulations as may be relevant. The moving party should indicate in
and attach to its motion such portions of the evidence, including relevant
portions of the transcript, which support each correction sought.
(b) Upon receipt of a motion to correct
findings, the Board shall provide each adverse party notice of the filing of
the motion. Each adverse party shall have seven (7) calendar days from the
mailing of the Board's notice in which to file with the Board objections to the
motion to correct. Any objecting party may file with the Board additional
evidence which it believes is relevant and material to the motion to
correct.
(c) Upon expiration of the
time provided for filing objections, the Board shall issue a written decision
on the motion to correct. The Board shall certify to the Court the motion, any
objection thereto, and the Board's decision. If the Board denies the motion to
correct in whole or in part, and the denial is made an additional ground of
appeal to the Court, the Board shall certify to the Court all evidence and
transcripts, not previously certified, which the Board deems relevant and
material.
(d) Any party to the
appeal may file claims of error concerning the Board's decision on a motion to
correct the finding. Such claims shall be filed with the Court within two weeks
from the date on which the Board's decision on the motion to correct was mailed
to the party making the claim and shall contain a certification that a copy
thereof has been served on the Board and on each other party to the appeal in
accordance with Sec. 120 of the Practice Book.
The appellant shall include his or her claims of error in the appeal petition unless they are filed subsequent to the filing of that petition, in which case they shall be set forth in an amended petition.
Notes
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