Connecticut 2024 Regular Session

Connecticut Senate Bill SB00220 Compare Versions

Version 1 (Old)

Version 2 (New)

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	3	+	LCO 1 of 6
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	5	+	General Assembly Substitute Bill No. 220
	6	+	February Session, 2024
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4		-	Substitute Senate Bill No. 220
5		-
6		-	Public Act No. 24-102
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8	11
9	12		AN ACT CONCERNING CLARIFYING THE APPEALS PROCESS
10	13		UNDER THE PAID FAMILY AND MEDICAL LEAVE STATUTES.
11	14		Be it enacted by the Senate and House of Representatives in General
12	15		Assembly convened:
13	16
14		-	Section 1. Section 31-49p of the general statutes is repealed and the
15		-	following is substituted in lieu thereof (Effective July 1, 2024):
16		-	(a) Any covered employee aggrieved by a denial of compensation
17		-	under the Paid Family and Medical Leave Insurance Program or any
18		-	person aggrieved by the imposition of a penalty imposed pursuant to
19		-	section 31-49r may file an appeal with the Labor Commissioner not
20		-	more than twenty-one calendar days after issuance of the denial or
21		-	penalty decision, unless good cause exists for the late filing.
22		-	(b) Upon receipt of any such appeal, the commissioner, or the
23		-	commissioner's designee, shall decide the appeal based upon the file
24		-	record, except that the commissioner, or the commissioner's designee,
25		-	may do one or both of the following: (1) Supplement the file record, or
26		-	(2) conduct a hearing. The commissioner, or the commissioner's
27		-	designee, may require the attendance of witnesses and the production
28		-	of documents in connection with the appeal, and may issue subpoenas.
29		-	For purposes of this section, "file record" means any documents
30		-	submitted to the Paid Family and Medical Leave Insurance Authority or Substitute Senate Bill No. 220
	17	+	Section 1. Section 31-49p of the general statutes is repealed and the 1
	18	+	following is substituted in lieu thereof (Effective from passage): 2
	19	+	(a) Any covered employee aggrieved by a denial of compensation 3
	20	+	under the Paid Family and Medical Leave Insurance Program or any 4
	21	+	person aggrieved by the imposition of a penalty imposed pursuant to 5
	22	+	section 31-49r may file an appeal with the Labor Commissioner not 6
	23	+	more than twenty-one calendar days after issuance of the denial or 7
	24	+	penalty decision, unless good cause exists for the late filing. 8
	25	+	(b) Upon receipt of any such appeal, the commissioner, or the 9
	26	+	commissioner's designee, shall decide the appeal based upon the file 10
	27	+	record, except that the commissioner, or the commissioner's designee, 11
	28	+	may do one or both of the following: (1) Supplement the file record, or 12
	29	+	(2) conduct a hearing. The commissioner, or the commissioner's 13
	30	+	designee, may require the attendance of witnesses and the production 14
	31	+	of documents in connection with the appeal, and may issue subpoenas. 15
	32	+	For purposes of this section, "file record" means any documents 16
	33	+	submitted to the Paid Family and Medical Leave Insurance Authority or 17
	34	+	to the private plan administrator, any documents relied upon by the 18 Substitute Bill No. 220
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32		-	Public Act No. 24-102 2 of 6
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34		-	to the private plan administrator, any documents relied upon by the
35		-	authority or the private plan administrator in making its determination,
36		-	and any other documents the commissioner, or the commissioner's
37		-	designee, deems necessary to dispose of the appeal. [The commissioner
38		-	or designee may require the attendance of witnesses and the production
39		-	of documents in connection with the appeal, and may issue subpoenas.
40		-	The Labor Department shall adopt regulations, in accordance with the
41		-	provisions of chapter 54, concerning the rules of procedure for the
42		-	disposition of appeals filed under the provisions of this section.]
43		-	(c) After determination of the appeal, the commissioner, or the
44		-	commissioner's designee, shall send each party a written copy of the
45		-	decision. The commissioner, or the commissioner's designee, may
46		-	award the covered employee or person all appropriate relief, including,
47		-	but not limited to, any compensation or benefits to which the employee
48		-	otherwise would have been eligible if such denial had not occurred.
49		-	[Any party aggrieved by the decision of the commissioner or designee
50		-	may appeal the decision to the superior court for the judicial district of
51		-	Hartford or for the judicial district in which the appellant resides, not
52		-	later than thirty days after issuance of the decision.]
53		-	(d) (1) Any decision of the commissioner, or the commissioner's
54		-	designee, in the absence of a timely appeal from a party aggrieved by
55		-	such decision shall become final on the thirty-first calendar day after the
56		-	date on which a written copy of the decision is sent to each party. At any
57		-	time prior to when the decision of the commissioner, or the
58		-	commissioner's designee, becomes final, any party aggrieved by the
59		-	decision may appeal such decision to the superior court for the judicial
60		-	district of Hartford or for the judicial district wherein the appealing
61		-	party resides. The appealing party shall file the original appeal with the
62		-	commissioner, or the commissioner's designee, and shall state the
63		-	grounds on which review is sought. The commissioner, or the
64		-	commissioner's designee, shall, on or before the fourteenth calendar day Substitute Senate Bill No. 220
	37	+	LCO 2 of 6
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66		-	Public Act No. 24-102 3 of 6
	39	+	authority or the private plan administrator in making its determination, 19
	40	+	and any other documents the commissioner, or the commissioner's 20
	41	+	designee, deems necessary to dispose of the appeal. [The commissioner 21
	42	+	or designee may require the attendance of witnesses and the production 22
	43	+	of documents in connection with the appeal, and may issue subpoenas. 23
	44	+	The Labor Department shall adopt regulations, in accordance with the 24
	45	+	provisions of chapter 54, concerning the rules of procedure for the 25
	46	+	disposition of appeals filed under the provisions of this section.] 26
	47	+	(c) After determination of the appeal, the commissioner, or the 27
	48	+	commissioner's designee, shall send each party a written copy of the 28
	49	+	decision. The commissioner, or the commissioner's designee, may 29
	50	+	award the covered employee or person all appropriate relief, including, 30
	51	+	but not limited to, any compensation or benefits to which the employee 31
	52	+	otherwise would have been eligible if such denial had not occurred. 32
	53	+	[Any party aggrieved by the decision of the commissioner or designee 33
	54	+	may appeal the decision to the superior court for the judicial district of 34
	55	+	Hartford or for the judicial district in which the appellant resides, not 35
	56	+	later than thirty days after issuance of the decision.] 36
	57	+	(d) (1) Any decision of the commissioner, or the commissioner's 37
	58	+	designee, in the absence of a timely appeal from a party aggrieved by 38
	59	+	such decision shall become final on the thirty-first calendar day after the 39
	60	+	date on which a written copy of the decision is sent to each party. At any 40
	61	+	time prior to when the decision of the commissioner, or the 41
	62	+	commissioner's designee, becomes final, any party aggrieved by the 42
	63	+	decision may appeal such decision to the superior court for the judicial 43
	64	+	district of Hartford or for the judicial district wherein the appealing 44
	65	+	party resides. The appealing party shall file the original appeal with the 45
	66	+	commissioner, or the commissioner's designee, and shall state the 46
	67	+	grounds on which review is sought. The commis sioner, or the 47
	68	+	commissioner's designee, shall, on or before the fourteenth calendar day 48
	69	+	thereafter, cause the original appeal to be mailed to the clerk of the 49
	70	+	Superior Court and a copy sent to each party listed in the decision being 50
	71	+	appealed by mail or electronically through the Connecticut Labor 51
	72	+	Department Leave Complaint and Appeal Portal. The clerk shall docket 52 Substitute Bill No. 220
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68		-	thereafter, cause the original appeal to be filed electronically or mailed
69		-	to the clerk of the Superior Court and a copy sent to each party listed in
70		-	the decision being appealed by mail or electronically through the
71		-	Connecticut Labor Department Leave Complaint and Appeal Portal.
72		-	The clerk shall docket such appeal as returned to the next return day
73		-	after the receipt of such appeal.
74		-	(2) In any appeal to the Superior Court taken pursuant to this
75		-	subsection, the commissioner, or the commissioner's designee, shall
76		-	certify the record to the court. The record shall consist of the following:
77		-	(A) The notice of appeal to the commissioner, or the commissioner's
78		-	designee, (B) the file record, (C) the findings of fact and any decision of
79		-	the commissioner, or the commissioner's designee, and (D) any
80		-	documents submitted to the commissioner, or the commissioner's
81		-	designee, prior to the filing of the appeal. Upon request of the court, the
82		-	commissioner, or the commissioner's designee, shall, in cases in which
83		-	a hearing was conducted before the commissione r, or the
84		-	commissioner's designee, prepare and verify to the court a transcript of
85		-	such hearing before the commissioner, or the commissioner's designee.
86		-	(3) Any appeal to the Superior Court taken under this subsection shall
87		-	be claimed by the party taking such appeal for the short calendar unless
88		-	the court orders the appeal placed on the trial list. It shall not be
89		-	necessary in any judicial proceeding under this section that exceptions
90		-	to the rulings of the commissioner, or the commissioner's designee, shall
91		-	have been made or entered and no bond shall be required for entering
92		-	an appeal to the Superior Court. In any appeal in which one of the
93		-	parties is not represented by counsel and in which the party taking the
94		-	appeal does not claim the case for the short calendar or trial within a
95		-	reasonable time after the return day, the court may, of its own motion,
96		-	dismiss the appeal, or the party ready to proceed may move for nonsuit
97		-	or default as appropriate.
98		-	(4) Any appeal to the Superior Court taken under this subsection shall Substitute Senate Bill No. 220
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100		-	~~Public Act No. 24-102~~ 4 of 6
	75	+	LCO 3 of 6
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102		-	be heard by the court upon the certified copy of the record filed by the
103		-	commissioner, or the commissioner's designee. The court shall not retry
104		-	the facts or hear any evidence other than such record certified to the
105		-	court by the commissioner, or the commissioner's designee. Any review
106		-	by the court shall be limited to determining (A) whether the findings of
107		-	the commissioner, or the commissioner's designee, should be corrected,
108		-	or (B) whether there is any evidence in the record to support in law the
109		-	conclusions reached. The court shall not substitute its judgment for that
110		-	of the commissioner, or the commissioner's designee, as to the weight of
111		-	the evidence on questions of fact. The court may only determine
112		-	whether the decision of the commissioner, or the commissioner's
113		-	designee, incorrectly applied the law to the facts found or if such
114		-	decision is clearly erroneous and could not have reasonably or logically
115		-	followed from the evidence in the record certified to the court by the
116		-	commissioner, or the commissioner's designee. In any such appeal,
117		-	corrections of the commissioner's, or the commissioner's designee's,
118		-	findings, by the court shall only be made upon (i) refusal by the
119		-	commissioner, or the commissioner's designee, to find a material fact
120		-	that was an admitted or undisputed fact, (ii) the commissioner's, or the
121		-	commissioner's designee's, finding of a fact in language of doubtful
122		-	meaning so that its real significance may not clearly appear, or (iii) the
123		-	finding of a material fact by the commissioner, or the commissioner's
124		-	designee, without evidence.
125		-	(5) The appealing party may request that any finding of the
126		-	commissioner, or the commissioner's designee, be corrected on appeal
127		-	by filing a motion for the correction of such finding with the
128		-	commissioner, or the commissioner's designee, within fourteen calendar
129		-	days after the record has been filed in the Superior Court, unless the
130		-	time is extended for cause by the commissioner, or the commissioner's
131		-	designee. Such motion shall include portions of the evidence the
132		-	appealing party deems relevant and material to the corrections
133		-	requested. The commissioner, or the commissioner's designee, shall file Substitute Senate Bill No. 220
	77	+	such appeal as returned to the next return day after the receipt of such 53
	78	+	appeal. 54
	79	+	(2) In any appeal to the Superior Court taken pursuant to this 55
	80	+	subsection, the commissioner, or the commissioner's designee, shall 56
	81	+	certify the record to the court. The record shall consist of the following: 57
	82	+	(A) The notice of appeal to the commissioner, or the commissioner's 58
	83	+	designee, (B) the file record, (C) the findings of fact and any decision of 59
	84	+	the commissioner, or the commissioner's designee, and (D) any 60
	85	+	documents submitted to the commissioner, or the commissioner's 61
	86	+	designee, prior to the filing of the appeal. Upon request of the court, the 62
	87	+	commissioner, or the commissioner's designee, shall, in cases in which 63
	88	+	a hearing was conducted before the commissioner, or the 64
	89	+	commissioner's designee, prepare and verify to the court a transcript of 65
	90	+	such hearing before the commissioner, or the commissioner's designee. 66
	91	+	(3) Any appeal to the Superior Court taken under this subsection shall 67
	92	+	be claimed by the party taking such appeal for the short calendar unless 68
	93	+	the court orders the appeal placed on the trial list. It shall not be 69
	94	+	necessary in any judicial proceeding under this section that exceptions 70
	95	+	to the rulings of the commissioner, or the commissioner's designee, shall 71
	96	+	have been made or entered and no bond shall be required for entering 72
	97	+	an appeal to the Superior Court. In any appeal in which one of the 73
	98	+	parties is not represented by counsel and in which the party taking the 74
	99	+	appeal does not claim the case for the short calendar or trial within a 75
	100	+	reasonable time after the return day, the court may, of its own motion, 76
	101	+	dismiss the appeal, or the party ready to proceed may move for nonsuit 77
	102	+	or default as appropriate. 78
	103	+	(4) Any appeal to the Superior Court taken under this subsection shall 79
	104	+	be heard by the court upon the certified copy of the record filed by the 80
	105	+	commissioner, or the commissioner's designee. The court shall not retry 81
	106	+	the facts or hear any evidence other than such record certified to the 82
	107	+	court by the commissioner, or the commissioner's designee. Any review 83
	108	+	by the court shall be limited to determining (A) whether the findings of 84
	109	+	the commissioner, or the commissioner's designee, should be corrected, 85 Substitute Bill No. 220
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135		-	Public Act No. 24-102 5 of 6
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137		-	such motion along with the commissioner's, or the commissioner's
138		-	designee's, decision with the court within a reasonable time upon
139		-	receiving such motion. If the court denies such motion in whole or in
140		-	part and such denial is appealed, the commissioner, or the
141		-	commissioner's designee, shall, within a reasonable time thereafter, file
142		-	copies of evidence filed by the appealing party, together with such
143		-	additional evidence as may have been taken before the commissioner,
144		-	or the commissioner's designee.
145		-	(6) In any appeal taken under this subsection, unless the court shall
146		-	otherwise order after motion and hearing, the final decision of the court
147		-	shall be the decision as to all parties to the original proceeding before
148		-	the commissioner, or the commissioner's designee. When an appeal is
149		-	taken to the Superior Court, the clerk thereof shall, in writing, notify the
150		-	commissioner, or the commissioner's designee, of any action of the court
151		-	thereon and of the disposition of such appeal whether by judgment,
152		-	remand, withdrawal or otherwise and shall, upon the decision on the
153		-	appeal, furnish the commissioner, or the commissioner's designee, with
154		-	a copy of such decision.
155		-	(7) The court may remand the case to the commissioner, or the
156		-	commissioner's designee, for proceedings de novo, or for further
157		-	proceedings on the record, or for such limited purposes as the court may
158		-	prescribe. The court may retain jurisdiction by ordering a return to the
159		-	court of the proceedings conducted in accordance with the order of the
160		-	court or the court may order final disposition. A party aggrieved by a
161		-	final disposition made in compliance with an order of the Superior
162		-	Court, by the filing of an appropriate motion, may request the court to
163		-	review the disposition of the case.
164		-	(e) Any party aggrieved by a decision of the Superior Court may
165		-	appeal such decision to the Appellate Court in the same manner as is
166		-	provided in section 51-197b. Substitute Senate Bill No. 220
	112	+	LCO 4 of 6
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168		-	Public Act No. 24-102 6 of 6
	114	+	or (B) whether there is any evidence in the record to support in law the 86
	115	+	conclusions reached. The court shall not substitute its judgment for that 87
	116	+	of the commissioner, or the commissioner's designee, as to the weight of 88
	117	+	the evidence on questions of fact. The court may only determine 89
	118	+	whether the decision of the commissioner, or the commissioner's 90
	119	+	designee, incorrectly applied the law to the facts found or if such 91
	120	+	decision is clearly erroneous and could not have reasonably or logically 92
	121	+	followed from the evidence in the record certified to the court by the 93
	122	+	commissioner, or the commissioner's designee. In any such appeal, 94
	123	+	corrections of the commissioner's, or the commissioner's designee's, 95
	124	+	findings, by the court shall only be made upon (i) refusal by the 96
	125	+	commissioner, or the commissioner's designee, to find a material fact 97
	126	+	that was an admitted or undisputed fact, (ii) the commissioner's, or the 98
	127	+	commissioner's designee's, finding of a fact in language of doubtful 99
	128	+	meaning so that its real significance may not clearly appear, or (iii) the 100
	129	+	finding of a material fact by the commissioner, or the commissioner's 101
	130	+	designee, without evidence. 102
	131	+	(5) The appealing party may request that any finding of the 103
	132	+	commissioner, or the commissioner's designee, be corrected on appeal 104
	133	+	by filing a motion for the correction of such finding with the 105
	134	+	commissioner, or the commissioner's designee, within fourteen calendar 106
	135	+	days after the record has been filed in the Superior Court, unless the 107
	136	+	time is extended for cause by the commissioner, or the commissioner's 108
	137	+	designee. Such motion shall include portions of the evidence the 109
	138	+	appealing party deems relevant and material to the corrections 110
	139	+	requested. The commissioner, or the commissioner's designee, shall file 111
	140	+	such motion along with the commissioner's, or the commissioner's 112
	141	+	designee's, decision with the court within a reasonable time upon 113
	142	+	receiving such motion. If the court denies such motion in whole or in 114
	143	+	part and such denial is appealed, the commissioner, or the 115
	144	+	commissioner's designee, shall, within a reasonable time thereafter, file 116
	145	+	copies of evidence filed by the appealing party, together with such 117
	146	+	additional evidence as may have been taken before the commissioner, 118
	147	+	or the commissioner's designee. 119 Substitute Bill No. 220
169	148
170		-	(f) The Labor Department shall adopt regulations, in accordance with
171		-	the provisions of chapter 54, concerning the rules of procedure for the
172		-	disposition of appeals filed under the provisions of this section.
	149	+
	150	+	LCO 5 of 6
	151	+
	152	+	(6) In any appeal taken under this subsection, unless the court shall 120
	153	+	otherwise order after motion and hearing, the final decision of the court 121
	154	+	shall be the decision as to all parties to the original proceeding before 122
	155	+	the commissioner, or the commissioner's designee. When an appeal is 123
	156	+	taken to the Superior Court, the clerk thereof shall, in writing, notify the 124
	157	+	commissioner, or the commissioner's designee, of any action of the court 125
	158	+	thereon and of the disposition of such appeal whether by judgment, 126
	159	+	remand, withdrawal or otherwise and shall, upon the decision on the 127
	160	+	appeal, furnish the commissioner, or the commissioner's designee, with 128
	161	+	a copy of such decision. 129
	162	+	(7) The court may remand the case to the commissioner, or the 130
	163	+	commissioner's designee, for proceedings de novo, or for further 131
	164	+	proceedings on the record, or for such limited purposes as the court may 132
	165	+	prescribe. The court may retain jurisdiction by ordering a return to the 133
	166	+	court of the proceedings conducted in accordance with the order of the 134
	167	+	court or the court may order final disposition. A party aggrieved by a 135
	168	+	final disposition made in compliance with an order of the Superior 136
	169	+	Court, by the filing of an appropriate motion, may request the court to 137
	170	+	review the disposition of the case. 138
	171	+	(e) Any party aggrieved by a decision of the Superior Court may 139
	172	+	appeal such decision to the Appellate Court in the same manner as is 140
	173	+	provided in section 51-197b. 141
	174	+	(f) The Labor Department shall adopt regulations, in accordance with 142
	175	+	the provisions of chapter 54, concerning the rules of procedure for the 143
	176	+	disposition of appeals filed under the provisions of this section. 144
	177	+	This act shall take effect as follows and shall amend the following
	178	+	sections:
	179	+
	180	+	Section 1 from passage 31-49p
	181	+
	182	+	LAB Joint Favorable Subst.
	183	+	JUD Joint Favorable Substitute Bill No. 220
	184	+
	185	+
	186	+	LCO 6 of 6
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