Sec.31-237g-107. Content, form, and effect of declaratory rulings

(a) Decision, Content and Form. Each declaratory ruling will contain:

(1) citations to the law involved;

(2) the Board's decision on any timely-filed request for a hearing;

(3) a statement of facts stipulated or found by the Board, when necessary for the decision;

(4) the reasons for the decision, including a response to the legal claims raised by the parties;

(5) citations to specific precedents used to support the decision; and

(6) any dissenting or concurring opinion filed by any member of the Board.

(b) Decision Not to Issue a Ruling. In the event the Board declines to exercise its discretion to issue a declaratory ruling, the Board will issue a decision dismissing the petition and indicating the reasons for the decision. The factors considered by the Board in determining whether to exercise its discretion to issue a declaratory ruling include, but are not limited to:

(1) whether the subject matter will become an issue in controversy in the foreseeable future and adjudication under the provisions of the Unemployment Compensation Act will be necessary;

(2) whether the ruling involves solely a question of law or is dependent on the particular factual circumstances. If the ruling is dependent upon the factual circumstances, the likelihood that an evidentiary hearing will be necessary to issue a ruling;

(3) whether the facts necessary to resolve the matter are developed and the matter is ripe for a declaratory ruling;

(4) the particular interests affected by the ruling; the petitioner's purpose for obtaining a ruling; and the number of persons directly affected;

(5) the number of persons in substantially similar circumstances;

(6) whether the decision will have significant precedential value;

(7) the complexity of the legal and factual issues presented;

(8) the potential impact of the ruling on the normal adjudicatory process under the Unemployment Compensation Act;

(9) whether the normal adjudicatory process, including such alternative procedures as certification of questions of law to the Board by the Administrator or Referee, provides a suitable alternative to a declaratory ruling;

(10) whether a declaratory ruling would be more appropriately issued by the Administrator or by the Board;

(11) whether the administrative costs and burdens of a declaratory ruling are justified by the scope of the interests affected, and the availability of any alternative forum; and

(12) the Board's interest in clarifying the law, resolving inconsistency, or correcting erroneous decisions or interpretations.

(c) Effective Date, Appeal Date. Declaratory rulings shall be effective when personally delivered or mailed, or on such later date specified by the Board in the ruling. For the purposes of any appeal to the Superior Court from a declaratory ruling, the date of personal delivery or mailing shall control.

(d) Effect of Declaratory Ruling. Pursuant to Conn. Gen. Stat. section 4-176 (h), a declaratory ruling is a final decision in a contested case for the purposes of any appeal. Appeals from a declaratory ruling are governed by Conn. Gen. Stat. section 4-183, and not the provisions of chapter 567 of the Connecticut General Statutes.

(e) Failure to Act. If the Board does not issue a declaratory ruling on a complete petition within 180 days after the filing of the petition, or later if agreed to by the parties, the Board shall be deemed to have decided not to issue a ruling. Thereafter, the petitioner may seek a declaratory judgment in Superior Court pursuant to section 4-175 of the Connecticut General Statutes.

(Effective March 30, 1990)