Statute Annotations › Connecticut › Conn. Gen. Stat. § 4-166

Conn. Gen. Stat. § 4-166

Definitions: the cases that interpreted this section

Jurisdiction
Connecticut
Case notes
167
Cited in passing
579
Citing cases indexed
891
Case dates
1974–2026
Screened through
2026-03-30
Courts' treatment: live
No reviewed case has held this section invalid, preempted, superseded or repealed.
This reflects what the reviewed cases said, not legislative action: a later amendment or repeal by the legislature would not appear here unless a reviewed case discussed it.

746 citing cases reviewed of 891 in the citation index: 167 interpreted the section (annotated below), 579 cited it only in passing. Cases filed after 2026-03-30 may not have been reviewed yet.

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Final decision

Section 4-166 defines a contested case and a final decision; a CHRO release of jurisdiction or dismissal that requires no hearing is neither a contested case nor an appealable final decision.

Nair v. Commission on Human Rght. Opp., No. Cv 99 0496767s (Sep. 12, 2000) · filed 2000-09-12(2), (3)(a)

Clearly, the statutory provisions do not contain a requirement for a hearing prior to the issue of a release of jurisdiction. Accordingly, the plaintiff's appeal to this court from the executive director's release of May 12, 1999 does not involve a contested case and, therefore, is not a final decision for purposes of the UAPA.
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Law changed since Effective October 1, 2004, Public Act 04-94, § 1 expanded § 4-166(2): a state statute or regulation may now require the hearing; a hearing held without either requirement remains insufficient.

Section 4-166 requires a statutory hearing for a contested case; an agency’s preliminary refusal to consider a modification request is not an appealable final decision.

Ordon v. State Department of Public Hlth., No. Cv 00 0504252s (Dec. 8, 2000) · filed 2000-12-08(2), (3)

This action therefore does not constitute a final decision in a contested case, and is not appealable. ... Summit, however, interpreted the phrase "final decision" as that term is used in General Statutes § 4-166 (3) to require a "contested case" under § 4-166 (2). The Supreme Court further concluded that there must be a statutory requirement for a hearing, for there to be a contested case. Id., 811. There is no statutory hearing requirement associated with the plaintiff's request for reversal.
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Section 4-166 (3) excludes an agency’s denial of a petition for reconsideration from the definition of a final decision.

Greco v. Commissioner of Motor Vehicles · filed 2000-12-19(3)

We agree with the trial court that the commissioner’s decision denying the plaintiffs petition for reconsideration is not a final decision within the meaning of the Uniform Administrative Procedure Act, General Statutes § 4-166 et seq.
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A discretionary agency hearing is not a contested case under § 4-166 (2) and therefore does not produce a final decision under § 4-166 (3)(A).

Town of Canterbury v. Rocque, No. Cv 00 0501816s (Oct. 29, 2001) · filed 2001-10-29(2), (3)(A)

The court concludes that the hearing in this case was not conducted under the mandatory provision of § 22a-208a (e), but under the discretionary provision of the subsection. Under the precedent discussed above, there is no "contested case" under § 4-166 (2) and thus no final decision under § 4-166 (3)(A).
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Section 4-166(3) defines an agency declaratory ruling and a decision made after reconsideration as final decisions.

Southern New England Telephone Co. v. Department of Public Utility Control · filed 2001-07-03(3)(B), (3)(C)

Pursuant to § 4-166 (3) (B), a declaratory ruling made by an agency is a final decision. ... On the basis of the evidence contained in the record, we cannot conclude that the April letter constitutes a declaratory ruling. ... Section 4-166 (3) (C) provides that an agency decision made after reconsideration is a final decision. ... Accordingly, we conclude that the April letter does not constitute a reconsideration of the department’s January order.
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Section 4-166 (3) treats an agency’s denial of a request to intervene as a preliminary ruling rather than a final decision.

Nizzardo v. State Traffic Commission · filed 2002-01-29(3)

Although the language of these various statutes is not conclusive, taken together, that language strongly suggests that the denial by the agency of the plaintiffs request to intervene was not a final decision within the meaning of §§ 4-183 and 4-166 (3).
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A denial of a hearing request is not a final decision in a contested case when no statute requires a hearing on the adequacy of the request.

Preston v. Dss, No. 122030 (May 15, 2002) · filed 2002-05-15(3)(A)

The plaintiff has not cited to, nor is the court aware of, any statutory authority requiring a hearing in regard to the initial review by DSS of the adequacy of a request for a hearing. Under such circumstances, there has not been a final decision in a contested case creating a right to appeal under § 4-183 .
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Law changed since Same change as noted above.

Section 4-166(3)(A) requires a contested case for this type of final decision, and a contested case requires an opportunity for a hearing mandated by statute.

Southeastern Connecticut Water v. Dph, No. Cv 02-0514127 S (Jul. 3, 2002) · filed 2002-07-03(3)(A)

The final decision rule, in the context of the plaintiffs appeal, requires a "contested case." General Statutes § 4-166 (3)(A). ... A "contested case," according to the Supreme Court's decision in Summit Hydropower Partnership v. Commissioner of Environmental Protection , 226 Conn. 792 , 811 , 629 A.2d 367 (1993), is a proceeding "in which an agency is required by statute to provide an opportunity for a hearing to determine a party's legal rights or privileges." ... Sections 25-33g and 25-33h , upon which this case arises, do not require a hearing.
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Section 4-166 (3) (B) includes an agency’s declaratory ruling under § 4-176 in the definition of a final decision.

Sastrom v. Psychiatric Security Review Board · filed 2009-04-28(3)(B)

A “ ‘[f]inal decision,’ ” as defined by § 4-166 (3) (B), includes a “declaratory ruling issued by an agency pursuant to section 4-176 . . . .”
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An agency determination is a final decision under § 4-166 (5)(A) only if the party had a statutory or regulatory right to have the agency determine the rights or privileges at issue in a hearing; a hearing held in fact does not suffice.

Walenski v. Connecticut State Employees Retirement Commission · filed 2018-10-16(5)(A)

Accordingly, the plaintiff did not appeal to the Superior Court from an agency determination in a contested case because she did not possess a statutory or regulatory right to have the commission decide her rights or privileges in a hearing.
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Section 4-166 (5) excludes preliminary or intermediate agency rulings from the definition of a final decision.

Stamford v. Commission on Human Rights & Opportunities, Office of Public Hearings · filed 2025-02-25(5)

Second, the statute expressly excludes ‘‘preliminary or intermediate ruling[s] or order[s]’’ from its definition of ‘‘final decision.’’ General Statutes § 4-166 (5). Although the UAPA does not define the phrase ‘‘preliminary or intermediate ruling[s] or order[s],’’ the juxtaposition of this exclusion with the singularity of the term ‘‘final decision’’ indicates that the latter term is not intended to include agency rulings made prior to the final decision.
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Section 4-166(5) defines a final agency decision and excludes preliminary or intermediate rulings; failing to object to a recommended dismissal leaves no appealable final decision.

Cichocki · filed 2026-03-30(5)

A “final decision” is defined by statute as “(A) the agency determination in a contested case, (B) a declaratory ruling issued by an agency pursuant to section 4-176, or (C) an agency decision made after reconsideration. The term does not include a preliminary or intermediate ruling or order of an agency, or a ruling of an agency granting or denying a petition for reconsideration.” Conn. Gen. Stat. § 4-166(5). ... Because Ms. Cichocki failed to object to the recommended dismissal, which would trigger the required hearing, she lacks the appealable final decision necessary to confer subject matter jurisdiction upon this court.
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Under § 4-166, DSS's refusal to hold a hearing is not a final decision in a contested case.

Preston v. Dss, No. 122029 (May 15, 2002) · filed 2002-05-15

That action was dismissed on the ground that the town has no right to an administrative appeal under § 4-183 because the refusal of DSS to hold a hearing is not a final decision in a contested case as defined in General Statutes § 4-166 . The court's ruling in that case defeats DSS's claim in the present case that the town's proper recourse is an administrative appeal pursuant to § 4-183 .
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Section 4-166(3) defines a final decision to include an agency declaratory ruling issued under § 4-176.

Sprint PCS L.P. v. Connecticut Siting Council · filed 2000-07-11(3)

Emphasizing this point, Conn.Gen.Stat. § 4-166(3) defines a “final decision” to include “a declaratory ruling issued by an agency pursuant to section 4-176” as well as an “agency determination in a contested case.”
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Definition of license

A license under § 4-166 (6) includes legally required agency permission, even if the agency does not call it a license.

PARCC, Inc. v. Commission on Hospitals & Health Care · filed 1995-08-15(6)

Because the plaintiff was required by statute to obtain the defendant’s permission to proceed with its planned ten bed expansion, we conclude that such permission constituted a license.
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Section 4-166(6) defines a license to include a certificate that a person must obtain from an agency to provide a service.

Tele Tech of Connecticut Corp. v. Department of Public Utility Control · filed 2004-08-31(6)

We note that Tele Tech’s certificate of public convenience and necessity to operate pay telephone services in Connecticut qualifies as a “license” within the meaning of UAPA. General Statutes § 4-166 (6) defines a “license” as including “the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by law, but does not include a license required solely for revenue purposes . . . .”
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Department of Correction hearings

Section 4-166(2) excludes Department of Correction hearings from contested cases, so disciplinary hearing decisions are not final decisions appealable under § 4-183(a).

Townsend v. Hogan · filed 2009-07-14(2)

Because hearings conducted by the department are expressly excluded by the legislature from the class of contested cases under § 4-166 (2), they are not final decisions under § 4-183 (a).
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Notes 151–167 of 167, oldest cases first.

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