Sec.31-237g-51a. Motion to correct findings

(Statutory Reference: 31-249b; Practice Book Secs. 515A–518)

(a) A party seeking to have the findings of fact of the Board corrected must file a motion to correct findings of fact with the Board. Such motion must be filed not later than two weeks after the Board’s filing of the record of an appeal to the Superior Court. A party may, within such two- week period, seek an extension of time for the filing of such a motion, and the Board shall grant an extension where the moving party indicates that it has filed with the Superior Court a request that the Board prepare a transcript of the hearings before the Referee and the Board or otherwise demonstrates good cause for its request. The Board shall deny an untimely request for an extension of time unless the moving party demonstrates good cause for failing to file its request within the two- week period. For purposes of this provision, good cause shall include such factors listed in Section 31-237g-49 of the Regulations of Connecticut State Agencies as may be relevant. The moving party shall indicate in and attach to its motion such portions of the evidence, including relevant portions of the transcript, which support each correction sought.

(b) Upon receipt of a motion to correct findings, the Board shall provide each adverse party notice of the filing of the motion. Each adverse party shall have seven (7) calendar days from the mailing of the Board’s notice in which to file with the Board objections to the motion to correct. Any objecting party may file with the Board additional evidence which it believes is relevant and material to the motion to correct.

(c) Upon expiration of the time provided for filing objections, the Board shall issue a written decision on the motion to correct. The Board shall certify to the Court the motion, any objection thereto, and the Board’s decision. If the Board denies the motion to correct in whole or in part, and the denial is made an additional ground of appeal to the Court, the Board shall certify to the Court all evidence and transcripts, not previously certified, which the Board deems relevant and material.

(d) Any party to the appeal may file claims of error concerning the Board’s decision on a motion to correct the finding. Such claims shall be filed with the Court not later than two weeks from the date on which the Board’s decision on the motion to correct was mailed to the party making the claim and shall contain a certification that a copy thereof has been served on the Board and on each other party to the appeal in accordance with Sections 10-12 to 10-17, inclusive, of the Connecticut Practice Book. The appellant shall include any claims of error in the appeal petition unless they are filed subsequent to the filing of that petition, in which case they shall be set forth in an amended petition.

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