Sec.31-237g-50. Motion to the Board to reopen, vacate, set aside, or modify; motion for articulation

(Statutory reference: 31-249a)

(a) The Board may reopen, vacate, set aside or modify a Board decision on an appeal if the Board determines, for good cause shown, that new evidence or the ends of justice so require. Each motion to reopen, vacate, set aside or modify a Board decision on an appeal shall be filed by means of a typed or legibly printed statement which shall:

(1) be clearly entitled “Motion to the Board to reopen,” “Motion to the Board to vacate,” “Motion to the Board to set aside,” or “Motion to the Board to modify,” as the case may be, and otherwise comply with Section 31-237g-10(a) of the Regulations of Connecticut State Agencies; and

(2) describe all reasons and good cause for such motion and, if new evidence is alleged as such a reason, the following shall be further specified:

(A) the identity and nature of such alleged new evidence;

(B) the reason why such alleged new evidence was not presented at the hearing previously scheduled; and

(C) the reason why such alleged new evidence is material to the case.

(b) Any such motion may be filed regarding the same Board decision by any party, but all such motions by such party shall be filed simultaneously and shall be filed by means of separate documents and no such motion by any party shall be permitted or accepted by the Board with regard to the Board decision upon a preceding motion filed by such party. The Board may process any such subsequent motion as an appeal to the Superior Court.

(c) No hearing shall be held upon such motions unless the Board determines that good cause exists for such a hearing. The Board shall with reasonable promptness review each such motion and issue a written decision thereon. The Board’s decision on any such motions shall be prepared and delivered in accordance with Section 31-237g-13(a) of the Regulations of Connecticut State Agencies and shall include a statement as to the reasons for the decision. In any case wherein a further hearing is not scheduled as a consequence of a Board decision reopening, vacating, setting aside or modifying a Board decision, the Board shall provide all non-moving parties to such case with (1) a copy of or electronic access to such motion, together with all supplemental documentation filed in support of such motion, and (2) a reasonable opportunity to file a written response to such motion prior to the Board’s issuance of a new decision in the case.

(d) The Board may deny any such motion based upon the allegations of new evidence if the Board determines that the new evidence is unnecessarily duplicative or is not likely to affect the outcome of the case, or that the exercise of reasonable diligence by the moving party would have resulted in the presentation of such evidence at the hearing previously scheduled and the moving party does not otherwise show good cause for such party’s failure to present such evidence.

(e) Any party aggrieved by a decision of the Board with regard to any such motion may file an appeal to Superior Court not later than thirty (30) calendar days after the board’s decision was sent to the parties as set forth in subsections (b), (c), and (d) of Section 31-237g-49 of the Regulations of Connecticut State Agencies.

(f) If the Board’s decision is so imprecise, incomplete, ambiguous, or contradictory that the Board’s ultimate decision, the extent of the relief granted, or the instructions for further proceedings upon remand cannot clearly be determined, any party or the Referee may file with the Board a motion for articulation of its decision. The Board’s articulation shall set forth the original intention of the Board and shall not in any way alter the substance of the Board’s original decision. An articulation by the Board is not a new decision and does not afford any party further right of appeal. Therefore, a party which is aggrieved by a decision of the Board and which wishes to have the substance of that decision changed shall file a motion to the Board to reopen pursuant to this section. A motion for articulation may be filed at any time, even after the Board’s decision has become final.

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