Connecticut General Statutes 31-289a – Civil action to recover civil penalties. Privileged assignment for trial
(a) If any civil penalty imposed pursuant to any provision of this chapter is not paid within ninety days of its imposition by an administrative law judge, or within ninety days of the final disposition of an appeal, as the case may be, the chairperson of the Workers’ Compensation Commission shall immediately notify the Attorney General of such failure to pay. Upon such notification, the Attorney General may bring a civil action in the name of the state of Connecticut in the superior court for the judicial district where the administrative law judge imposed the civil penalty, to recover double the amount of the civil penalty together with reasonable attorney’s fees and costs as taxed by the court. Any recovery under this section shall be disbursed in the same manner as recoveries pursuant to § 31-355.
Terms Used In Connecticut General Statutes 31-289a
- Administrative law judge: means the administrative law judge who has jurisdiction in the matter referred to in the context. See Connecticut General Statutes 31-275
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commission: means the Workers' Compensation Commission. See Connecticut General Statutes 31-275
- Compensation: means benefits or payments mandated by the provisions of this chapter, including, but not limited to, indemnity, medical and surgical aid or hospital and nursing service required under §. See Connecticut General Statutes 31-275
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) An affidavit sworn to or affirmed by the chairperson of the Workers’ Compensation Commission, or by the administrative law judge who imposed the civil penalty referred to in the affidavit, stating the name of the administrative law judge who imposed the civil penalty, the amount of the civil penalty, the name of the violator against whom the civil penalty was imposed, whether or not an appeal was taken, the disposition of the appeal and whether or not the penalty was paid, shall constitute prima facie proof of the facts contained in the affidavit. Copies of the records of the Workers’ Compensation Commission, or of any administrative law judge, certified by said chairperson or by the administrative law judge having custody of the records, containing the name of the administrative law judge who imposed a civil penalty, the amount of the civil penalty, the name of the violator against whom the civil penalty was imposed, whether or not an appeal was taken, the disposition of the appeal and whether or not the penalty was paid, shall constitute prima facie proof of the facts contained in the records.
(c) Civil actions pursuant to this section shall be privileged in their assignment for trial.