Sec.31-237g-11. Representation by attorney or agent; authorization; notice; fees; amicus curiae

(Statutory reference: 31-272(b) (2))

(a) Right to Representation. Any party to a proceeding before the Appeals Division may be represented by an attorney or an authorized agent, or both, provided that at any hearing before the Appeals Division, the Referee or the Chairperson, as the case may be, may limit oral participation during such hearing to only one such representative of each party designated by that party. Any individual, corporation, partnership or other association may, subject to the provisions of subsection (e) of this section, serve as a party’s authorized agent provided that any authorized agent that represents a party for a fee shall comply with Sections 31-272-1 to 31-272-18, inclusive of the Regulations of Connecticut State Agencies. The Appeals Division may refuse to provide a second hearing to any party who, without good cause, fails to obtain representation for the original hearing and thereafter alleges that a second hearing is necessary to allow such party the benefit of such representation.

(b) Notice of Representation. If the file record of any proceeding before the Appeals Division indicates that any party has been represented in such proceeding by an attorney or an authorized agent, or both, such representation shall be considered to be of record for the Appeals Division’s purposes concerning such proceeding unless and until a written withdrawal of such representation signed by such party is filed with the specific Appeals Division office involved or a new representative is substituted. Except as otherwise herein provided, the Appeals Division may refuse to accept any document or other communication, written or oral, from any individual or entity on behalf of any party unless such communication to the Appeals Division is preceded or accompanied by a written statement personally signed by such party designating such individual or entity as authorized agent of record for such named party with regard to such proceedings before the Appeals Division. A written statement signed by an attorney announcing representation of a named party with regard to specifically identified proceedings before the Appeals Division shall constitute sufficient notification to the Appeals Division of such attorney’s status as representative of record for that party during such proceedings.

(c) Copies to Representative. Whenever the file record of any proceeding before the Appeals Division indicates that a party is represented by an attorney or an authorized agent, or both, the Appeals Division shall send to each such attorney and agent a copy of all correspondence, notices or decisions simultaneous with the provision of such materials to the party. Notice to such attorney or agent shall constitute effective notice to such party.

(d) Setting of Fee for Representation. The cost of representation permitted by this section shall be the expense of the party obtaining such representation. The Appeals Division shall set a maximum fee for representation of a claimant:

(1) upon request by the claimant or the claimant’s representative during proceedings upon the appeal or at any time prior to the decision on the appeal becoming final or within thirty (30) days following a claimant’s receipt of the written charged expense for such representation; or

(2) upon the initiative of the Referee or the Board.

(3) If the issue of an approvable claimant representation fee is raised and fully heard at an evidentiary hearing upon the appeal, the Appeals Division decision upon the appeal shall set an approved fee.

(4) If the issue of an approvable claimant representation fee is raised by the filing of a written objection to charged claimant representation fees or the filing of a written request for the setting of an approved fee and not otherwise covered at a hearing, the Referee or the Board, as the case may be, shall provide to both the claimant and the claimant representative involved notice of such matter and both the claimant and the representative shall have the right, and such notice shall advise them of the right, to file with such Referee or the Board not more than ten (10) days after the date of such notice, written argument, request for an evidentiary hearing and, in the case of such a matter before the Board, request for decision of such matter by the full, three-member Board. Following the expiration of such ten (10) day time limit the Referee or the Board may, on its own initiative or in response to a timely request, schedule an evidentiary hearing and the hearing and subsequent decision on such fee issue shall occur as with any appeal. If a hearing is not granted, the Referee or the Board shall, following the expiration of said ten (10) day time limit, review such matter on the record and issue a decision which shall address any such written argument and requests timely filed .

(5) In determining approvable fees for claimant representation, consideration will be given to several factors including, but not limited to:

(A) any initial fee arrangement mutually agreed to by the claimant and the representative,

(B) the time necessarily expended by the representative,

(C) the complexity and difficulty of the facts and issues involved,

(D) the skill of the service provided,

(E) the results obtained, in comparison to the amount of benefits involved, and

(F) the financial resources of the claimant concerned.

(6) Except in extraordinary cases, an approvable fee may not exceed twenty percent of the benefits potentially payable to the claimant as a result of the claim under adjudication plus reasonable and necessary costs. In separation cases, the benefits potentially payable are the greater of either the sum of the claimant’s weekly benefit amount multiplied by the average weekly duration of unemployment for the previous year as determined by the department of labor or the total benefits actually collected at the time of the request to the board to determine the amount of the attorney’s fee.

(7) The time limitations and procedures specifically provided in this subsection for objections to charged claimant representation fees shall not affect, stay or toll the time limitations for the disposition of appeals by the Appeals Division. The Appeals Division’s decision on claimant representation fees may be appealed in accordance with the same time limits and procedures for the adjudication of appeals.

(e) Responsibility of Represented Party. Representation by an attorney or authorized agent shall not relieve any party of the responsibility to present at a duly scheduled hearing testimony from all individuals with actual personal knowledge of the facts involved. A represented party may be deemed to be bound by the representation afforded that party by the representative during proceedings before the Appeals Division.

(f) Amicus Curiae. The Appeals Division may, upon its own motion or upon written request, permit any person, organization or entity which the Appeals Division reasonably determines represents a constituency which would be significantly affected by such decision or which has specialized knowledge or expertise on the subject involved, to serve as an amicus curiae under such terms as the Appeals Division may reasonably provide. Each such request shall be filed by means of a typed or legibly printed document which shall (1) be clearly entitled “Request for Leave to Intervene as Amicus Curiae”; (2) describe why the requesting person, organization or entity would be qualified to serve as such an amicus curiae, the constituency if any, which would be represented and, if applicable, why such constituency would not otherwise be adequately represented unless such request was granted; (3) describe why the decision eventually issued in such proceeding will be of significant precedential value, and (4) otherwise follow the guidelines set forth in Section 31-237g-10(a) of the Regulations of Connecticut State Agencies. If the Appeals Division grants such a request, notice of that decision will be issued in accordance with Section 31-327g-13 of the Regulations of Connecticut State Agencies and thereafter during the pendency of its authorized involvement such amicus curiae shall be entitled to the same notice due each party to such proceeding. However, unless an amicus curiae becomes a representative of record for a party actually aggrieved by the eventual decision, such amicus curiae is without standing to exercise appeal rights with regard to such decision.

(Effective January 1, 1988; Amended October 27, 1997; Amended June 3, 2021)