Connecticut 2019 Regular Session

Connecticut Senate Bill SB00946 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 4722 1 of 4
4	4
5	5	General Assembly Raised Bill No. 946
6	6	January Session, 2019
7	7	LCO No. 4722
8	8
9	9
10	10	Referred to Committee on HUMAN SERVICES
11	11
12	12
13	13	Introduced by:
14	14	(HS)
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17	17
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19	19	AN ACT CONCERNING DE ADLINES APPLICABLE TO HEARIN G
20	20	DECISIONS BY THE DEPARTMENT OF SOCIAL SE RVICES.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. Section 17b-61 of the general statutes is repealed and the 1
25	25	following is substituted in lieu thereof (Effective from passage): 2
26	26	(a) [Not] The commissioner or the commissioner's designated 3
27	27	hearing officer shall ordinarily render a final decision not later than 4
28	28	[sixty] ninety days after [such hearing, or] the date the commissioner 5
29	29	receives a request for a fair hearing pursuant to section 17b-60, and 6
30	30	shall render a final decision not later than three business days after the 7
31	31	hearing if the hearing concerns a denial of or failure to provide 8
32	32	emergency housing, [the commissioner or his designated hearing 9
33	33	officer shall render a final] provided the time for rendering a final 10
34	34	decision shall be extended whenever the aggrieved person requests or 11
35	35	agrees to an extension, or fails to take a required action, or when the 12
36	36	commissioner documents an administrative or other emergency 13
37	37	beyond the commissioner's control. Such decision shall be based upon 14
38	38	all the evidence introduced before [him and applying] the 15 Raised Bill No. 946
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40	40
41	41
42	42	LCO No. 4722 2 of 4
43	43
44	44	commissioner or the commissioner's designated hearing officer and all 16
45	45	pertinent provisions of law, regulations and departmental policy, and 17
46	46	[such final decision] shall supersede the decision made without a 18
47	47	hearing. [, provided final definitive administrative action shall be 19
48	48	taken by the commissioner or his designee within ninety days after the 20
49	49	request of such hearing pursuant to section 17b-60.] Notice of such 21
50	50	final decision shall be given to the aggrieved person by mailing [him] 22
51	51	such person a copy thereof [within one business day of its rendition] 23
52	52	not later than one business day after the decision is rendered. Such 24
53	53	decision after hearing shall be final except as provided in subsections 25
54	54	(b) and (c) of this section. 26
55	55	(b) The applicant for such hearing, if aggrieved, may appeal 27
56	56	[therefrom] the decision in accordance with section 4-183. Appeals 28
57	57	from decisions of said commissioner shall be privileged cases to be 29
58	58	heard by the court as soon after the return day as shall be practicable. 30
59	59	If the commissioner or the commissioner's designated hearing officer 31
60	60	fails to render a final decision within the time limits set forth in 32
61	61	subsection (a) of this section, the aggrieved person's remedy shall be to 33
62	62	bring an action against the commissioner in the superior court for the 34
63	63	judicial district of New Britain for a writ of mandamus to compel the 35
64	64	commissioner to render such decision and for such other relief as may 36
65	65	be appropriate. 37
66	66	(c) The commissioner may, for good cause shown by an aggrieved 38
67	67	person, extend the time for filing an appeal to Superior Court beyond 39
68	68	the time limitations of section 4-183, as set forth below: 40
69	69	(1) Any aggrieved person who is authorized to appeal a decision of 41
70	70	the commissioner, pursuant to subsection (b) of this section, but who 42
71	71	fails to serve or file a timely appeal to the Superior Court pursuant to 43
72	72	section 4-183, may, as provided in this subsection, petition that the 44
73	73	commissioner, for good cause shown, extend the time for filing any 45
74	74	such appeal. Such a petition must be filed with the commissioner in 46
75	75	writing and contain a complete and detailed explanation of the reasons 47
76	76	that precluded the petitioner from serving or filing an appeal within 48 Raised Bill No. 946
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78	78
79	79
80	80	LCO No. 4722 3 of 4
81	81
82	82	the statutory time period. Such petition must also be accompanied by 49
83	83	all available documentary evidence that supports or corroborates the 50
84	84	reasons advanced for the extension request. In no event shall a petition 51
85	85	for extension be considered or approved if filed later than ninety days 52
86	86	after the rendition of the final decision. The decision as to whether to 53
87	87	grant an extension shall be made consistent with the provisions of 54
88	88	subdivision (2) of this subsection and shall be final and not subject to 55
89	89	judicial review. 56
90	90	(2) In determining whether to grant a good cause extension, as 57
91	91	provided for in this subsection, the commissioner, or [his] the 58
92	92	commissioner's authorized designee, shall, without the necessity of 59
93	93	further hearing, review and, as necessary, verify the reasons advanced 60
94	94	by the petition in justification of the extension request. A 61
95	95	determination that good cause prevented the filing of a timely appeal 62
96	96	shall be issued in writing and shall enable the petitioner to serve and 63
97	97	file an appeal within the time provisions of section 4-183, from the date 64
98	98	of the decision granting an extension. The circumstances that 65
99	99	precluded the petitioner from filing a timely appeal, and which may be 66
100	100	deemed good cause for purposes of granting an extension petition, 67
101	101	include, but are not limited to: (A) Serious illness or incapacity of the 68
102	102	petitioner which has been documented as materially affecting the 69
103	103	conduct of the petitioner's personal affairs; (B) a death or serious 70
104	104	illness in the petitioner's immediate family that has been documented 71
105	105	as precluding the petitioner from perfecting a timely appeal; (C) 72
106	106	incorrect or misleading information given to the petitioner by the 73
107	107	agency, relating to the appeal time period, and shown to have been 74
108	108	materially relied on by the petitioner as the basis for failure to file a 75
109	109	timely appeal; (D) evidence that the petitioner did not receive notice of 76
110	110	the agency decision; and (E) other unforeseen and unavoidable 77
111	111	circumstances of an exceptional nature which prevented the filing of a 78
112	112	timely appeal. 79
113	113	This act shall take effect as follows and shall amend the following
114	114	sections:
115	115	Raised Bill No. 946
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118	118
119	119	LCO No. 4722 4 of 4
120	120
121	121	Section 1 from passage 17b-61
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123	123	Statement of Purpose:
124	124	To clarify the deadline for the Department of Social Services to issue a
125	125	final decision on an administrative appeal and remedies when the
126	126	department fails to meet the deadline.
127	127	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
128	128	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
129	129	not underlined.]
130	130