Connecticut General Statutes 46a-94a – Appeal to Superior Court from order of presiding officer. Reopening of matters
(a) The commission, any respondent or any complainant, aggrieved by a final order of a presiding officer, may appeal to the Superior Court in accordance with § 4-183. Any complainant may appeal to the Superior Court in accordance with § 4-183 if the complainant is aggrieved by (1) the dismissal of his or her complaint by the commission for failure to attend a mandatory mediation session as provided in subsection (m) of § 46a-83, (2) a finding of no reasonable cause as provided in subsection (g) of § 46a-83, or (3) rejection of reconsideration as provided in subsection (h) of § 46a-83.
Terms Used In Connecticut General Statutes 46a-94a
- 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.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
(b) Notwithstanding the provisions of subsection (a) of this section, a complainant may not appeal the dismissal of his or her complaint if he or she has been granted a release pursuant to § 46a-101.
(c) The commission on its own motion may, whenever justice so requires, reopen any matter previously closed, provided such matter has not been appealed to the Superior Court pursuant to subsection (a) of this section. Notice of such reopening shall be given to all parties. A complainant or respondent may, for good cause shown, in the interest of justice, apply in writing for the reopening of a previously closed proceeding, provided such application is filed with the executive director of the commission within two years of the commission’s final decision and the complainant has (1) not been issued a release of jurisdiction pursuant to § 46a-83a and filed a civil action, or (2) requested and received a release of jurisdiction from the commission pursuant to § 46a-101.
(d) The standards for reopening a matter may include, but are not limited to: (1) A material mistake of fact or law has occurred; (2) the finding is arbitrary or capricious; (3) the finding is clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; and (4) new evidence has been discovered which materially affects the merits of the case and which, for good reasons, was not presented during the investigation.