Office of Legal Counsel, Regulations and Administrative Hearings (OLCRAH)

Appeal

If you want the Department to reconsider the hearing officer’s decision, you must send a written reconsideration request to the Department within 15 days of the mailing date of the hearing officer’s decision.  Reconsideration may be granted if  there was an error of fact or law; new evidence has been discovered that couldn’t have been presented at the hearing; or other good cause is shown. If the reconsideration request is granted, you will be notified within 25 days of the request date. If you do not get a response within 25 days, this means that your reconsideration request has been denied.

In your request for reconsideration, you should include the specific grounds for the request.  You should indicate which fact or law is incorrect; what new evidence has been discovered; or the exact nature of the good cause that exist.

You have the right to appeal the hearing officer’s decision to Superior Court within 45 days after the mailing of the hearing officer’s decision.  If you ask for reconsideration of the decision and your request is denied, you must appeal within 45 days after the agency denies your request. If the Department grants your request for reconsideration and a hearing officer issues a new decision, you have 45 days after the mailing of the new decision to file an appeal.  If the Department grants your request for reconsideration and fails to issue a new decision within 90 days, you have 45 days after the 90 days to file an appeal.  The right to appeal is based on §4-183 of the Connecticut General Statutes. To appeal, a petition must be filed at Superior Court in New Britain or in the district where you live. A copy must be served on the Attorney General's Office in Hartford or on the Department of Social Services at 55 Farmington Avenue, Hartford, CT 06105. You must also serve a copy of the petition on all parties to the hearing at the address shown in the decision.

The 45-day appeal period may be extended in certain instances if there is good cause. The extension request must be in writing and filed with the Commissioner of Social Services no later than 90 days after the mailing of the hearing officer’s decision. The request must contain a complete and detailed explanation of the reasons that the appeal could not be filed within the statutory timeframe.  The decision whether to grant an extension is final and is not subject to review or appeal.