Sec.31-49p-10. Motion to reopen

(a) Except for a dismissal decision that shall be reopened pursuant to subsection (b) of section 31-49p-6 of the Regulations of Connecticut State Agencies, the commissioner may reopen a decision on an appeal if the commissioner determines, for good cause shown, that new evidence or the ends of justice so require. Each motion to reopen, whether filed by the commissioner or a party, should describe all reasons and good cause for such motion and, if new evidence is alleged as such a reason, the following should be further specified:

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

(2) the reason such alleged new evidence was not presented previously; and

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

(b) Upon receipt of a timely filed motion to reopen, the commissioner shall promptly issue to each party at its address a written notice which shall acknowledge the receipt of such motion. Such notice shall inform each party of the ability to file with the commissioner, not later than ten (10) calendar days after the date of issuance of the notice, written argument, a request to supplement the written record, or a request for a hearing pursuant to section 31-49p-8 of the Regulations of Connecticut State Agencies.

(c) The commissioner shall, without undue delay, review each such motion and issue a written decision thereon no later than ninety (90) calendar days after the date the motion was filed or, if applicable, the due date for written argument or the date the commissioner supplements the record or concludes any hearing on such motion, whichever is latest.

(d) The commissioner may deny any such motion based upon the allegations of new evidence if the commissioner 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 prior to the issuance of the commissioner’s decision and the moving party does not otherwise show good cause for such party’s failure to present such evidence.

(Effective February 3, 2022)