Petition for Reconsideration (Administrative Agency)

PETITION FOR RECONSIDERATION (ADMINISTRATIVE AGENCY)

State of Connecticut — Connecticut UAPA (Conn. Gen. Stat. § 4-181a(a))

CRITICAL DEADLINE NOTICE — READ BEFORE FILING

Under Conn. Gen. Stat. § 4-181a(a)(1), a party in a contested case may file a petition for reconsideration within 15 days after the personal delivery or mailing of the final decision. The petition must be based on one of three statutory grounds: (A) an error of fact or law should be corrected; (B) new evidence has been discovered which materially affects the merits and which for good reasons was not presented in the agency proceeding; or (C) other good cause for reconsideration has been shown.

Agency decision timeline: Under § 4-181a(a)(1), within 25 days of the filing of the petition, the agency shall decide whether to reconsider the final decision. Failure to act within 25 days constitutes a denial of the petition.

Agency's own motion: Under § 4-181a(a)(2), within 40 days of the personal delivery or mailing of the final decision, the agency may — regardless of whether a petition has been filed — decide to reconsider the final decision.

Deadline to complete reconsideration: Under § 4-181a(a)(3), if the agency decides to reconsider (whether by petition or on its own motion), it must render its decision after reconsideration not later than 90 days following the date the agency decides to reconsider. If the agency fails to render a decision within that 90-day period, the original final decision remains the final decision for purposes of any § 4-183 appeal.

Effect on judicial review: Under Conn. Gen. Stat. § 4-183(c), an appeal to the Superior Court must generally be filed within 45 days, measured from whichever of the following is applicable and later: (1) mailing/delivery of the original final decision; (2) the agency's denial of a timely petition for reconsideration; (3) mailing/delivery of the decision made after reconsideration; or (4) expiration of the 90-day reconsideration period under § 4-181a(a)(3) if the agency fails to timely decide. Filing a timely petition for reconsideration can extend the appeal clock — confirm exact deadlines with counsel.

Decision after reconsideration: Under § 4-181a(a)(4), an agency decision made after reconsideration becomes the final decision in lieu of the original final decision for purposes of any § 4-183 appeal.

ABOUT THIS DOCUMENT

This Petition for Reconsideration is a formal request under the Connecticut UAPA asking an administrative agency to review and change its own final decision in a contested case. It is filed with the agency — not with the Superior Court — and filing a timely petition tolls the 45-day judicial appeal deadline, running the appeal clock from the later reconsideration decision instead.

Common agencies where this petition is used:

• Connecticut Department of Public Health (DPH) — professional licensing, facility licensing
• Connecticut Department of Social Services (DSS) — Medicaid, benefits
• Connecticut Department of Labor (DOL) — unemployment insurance, labor standards
• Connecticut Department of Consumer Protection (DCP) — professional licensing, drug control
• Connecticut Insurance Department
• Connecticut Department of Banking
• Connecticut Department of Energy and Environmental Protection (DEEP)
• Connecticut Department of Education — educator certification
• Connecticut State Department of Education special education hearings
• Connecticut Workers' Compensation Commission
• Connecticut Department of Motor Vehicles (DMV)
• Connecticut Department of Developmental Services (DDS)
• Connecticut Office of Early Childhood — child care licensing

GROUNDS FOR RECONSIDERATION CHECKLIST

(Conn. Gen. Stat. § 4-181a(a)(1) — only three statutory grounds are recognized)

Select the applicable ground(s):

☐ Ground (A): Error of Fact or Law — An error of fact or law in the final decision should be corrected

☐ Ground (B): Newly Discovered Evidence — New evidence has been discovered which materially affects the merits of the case and which, for good reasons, was not presented in the agency proceeding

☐ Ground (C): Other Good Cause — Other good cause for reconsideration has been shown

(Note: Conn. Gen. Stat. § 4-181a(a)(1) limits reconsideration to these three grounds. The petition must clearly identify which ground(s) apply and provide specific factual and legal support.)

Additional Specific Errors (within the applicable ground above):

☐ Findings of fact not supported by substantial evidence in the record
☐ Agency exceeded its statutory authority
☐ Decision is arbitrary, capricious, or an abuse of discretion
☐ Denial of procedural due process or notice rights
☐ Constitutional violation (state or federal)
☐ Inadequate findings of fact or conclusions of law under § 4-180
☐ Penalty or sanction is disproportionate and unsupported
☐ Other: [________________________________]

PETITION FOR RECONSIDERATION

BEFORE THE [________________________________]
STATE OF CONNECTICUT

In the Matter of:

[________________________________]
[________________________________]
(Petitioner / Respondent in Underlying Proceeding)

Case/Docket No.: [________________________________]

Decision/Order No.: [________________________________]

Date Final Decision Was Mailed/Delivered: [__/__/____]

PETITION FOR RECONSIDERATION PURSUANT TO CONN. GEN. STAT. § 4-181a

SECTION 1 — IDENTIFICATION OF PARTIES

1.1 Petitioner:

Full Legal Name: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________], CT [____]
Telephone: ([____]) [____]-[____]
Email: [________________________________]
License/Registration No. (if applicable): [________________________________]
Connecticut Business Entity Type (if applicable): [________________________________]

1.2 Petitioner's Legal Counsel:

Attorney Name: [________________________________]
Connecticut Juris No.: [________________________________]
Firm Name: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________], CT [____]
Telephone: ([____]) [____]-[____]
Email: [________________________________]

1.3 Respondent Agency:

Agency Name: [________________________________]
Division/Bureau (if applicable): [________________________________]
Commissioner/Director: [________________________________]
Clerk/Docket Contact: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________], CT [____]

1.4 Other Parties of Record:

Name: [________________________________] Role: [________________________________]
Address: [________________________________]

Name: [________________________________] Role: [________________________________]
Address: [________________________________]

SECTION 2 — JURISDICTION AND TIMELINESS

2.1 Statutory Basis:

This Petition is filed pursuant to Conn. Gen. Stat. § 4-181a(a)(1) of the Connecticut Uniform Administrative Procedure Act. Petitioner is a party in the above-captioned contested case and seeks reconsideration of the final decision on the grounds stated herein.

2.2 Timeliness — Deadline Calculation:

The final decision was mailed or personally delivered to Petitioner on: [__/__/____]

The 15-day filing deadline under § 4-181a(a)(1) expires on: [__/__/____]

This Petition is filed on: [__/__/____]

☐ This Petition is timely filed within the 15-day deadline.

2.3 Effect on the Judicial Appeal Deadline:

Under Conn. Gen. Stat. § 4-183(c), an appeal to the Superior Court would otherwise be due within 45 days after mailing of the final decision: [__/__/____].

Because this timely Petition is being filed, the 45-day judicial appeal period will instead run from whichever is later and applicable: the agency's denial of this petition (including a deemed denial after 25 days from filing), the mailing of the agency's decision on reconsideration, or the expiration of the 90-day reconsideration period under § 4-181a(a)(3) if the agency fails to timely decide. Petitioner will monitor this deadline carefully and file a Superior Court appeal promptly if necessary.

2.4 Agency Authority:

The [________________________________] has jurisdiction pursuant to:

Governing statute: [________________________________]
Agency regulations: [________________________________]

SECTION 3 — IDENTIFICATION OF STATUTORY GROUND(S) FOR RECONSIDERATION

(Conn. Gen. Stat. § 4-181a(a)(1) requires the petition to identify the specific statutory ground(s).)

This Petition is based on the following statutory ground(s):

☐ Ground (A): An error of fact or law should be corrected. Specifically: [________________________________]

☐ Ground (B): New evidence has been discovered which materially affects the merits of the case and which, for good reasons, was not presented in the agency proceeding. Specifically:

• Description of new evidence: [________________________________]
• Why it was not and could not have been presented: [________________________________]
• How it materially affects the merits: [________________________________]

☐ Ground (C): Other good cause for reconsideration has been shown. Specifically: [________________________________]

SECTION 4 — DESCRIPTION OF CHALLENGED DECISION

4.1 Identification of Final Decision:

Title of Final Decision: [________________________________]
Decision/Order Number: [________________________________]
Date Issued: [__/__/____]
Date Mailed/Delivered to Petitioner: [__/__/____]
Issuing Hearing Officer / Agency Official: [________________________________]

4.2 Nature of the Contested Case:

☐ Professional license denial, suspension, revocation, or non-renewal
☐ Civil penalty or fine assessment
☐ Environmental enforcement or permit action (DEEP)
☐ Unemployment insurance determination (DOL)
☐ Workers' compensation order
☐ Medicaid or public benefits action (DSS or DDS)
☐ Child care or facility licensing action
☐ Insurance regulatory action
☐ Banking regulatory action
☐ Educator certification action (DOE)
☐ Other: [________________________________]

4.3 Summary of Challenged Decision:

[Describe the specific findings, conclusions, and orders being challenged. Cite the page and paragraph numbers of the decision. State precisely what the agency found and what it ordered, suspended, revoked, or denied.]

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

SECTION 5 — PROCEDURAL HISTORY

5.1 Initiation of Proceeding:

Date proceeding was initiated: [__/__/____]
Initiating party: [________________________________]
Nature of initial action: [________________________________]

5.2 Notice and Prehearing Proceedings:

Notice served on Petitioner: [__/__/____]
Prehearing conference: ☐ Yes ☐ No Date: [__/__/____]
Discovery: [________________________________]
Prehearing motions: [________________________________]

5.3 Hearing:

☐ Formal evidentiary hearing held under Conn. Gen. Stat. § 4-177 et seq.
☐ Informal hearing or conference
☐ Decision on the written record without hearing

Hearing date(s): [__/__/____] through [__/__/____]
Presiding hearing officer: [________________________________]
Location: [________________________________]

Witnesses for Petitioner:

1. [________________________________] Topic: [________________________________]
2. [________________________________] Topic: [________________________________]

Witnesses for Agency:

1. [________________________________] Topic: [________________________________]
2. [________________________________] Topic: [________________________________]

Key documentary evidence admitted:

• [________________________________]
• [________________________________]

5.4 Final Decision:

Final decision issued and mailed on: [__/__/____]

SECTION 6 — STATEMENT OF FACTS

6.1 Background Facts:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

6.2 Factual Errors in the Agency's Decision:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

6.3 Facts Supporting Ground 1 ([________________________________]):

[________________________________]
[________________________________]
[________________________________]
[________________________________]

6.4 Facts Supporting Ground 2 ([________________________________]):

[________________________________]
[________________________________]
[________________________________]

6.5 Newly Discovered Evidence (Ground (B) only):

Description: [________________________________]
Date discovered: [__/__/____]
Why not presented in the agency proceeding (good reasons): [________________________________]
[________________________________]
Effect on the merits: [________________________________]

SECTION 7 — LEGAL ARGUMENT FOR RECONSIDERATION

(Organized by the applicable statutory ground(s) identified in Section 3)

Argument Under Ground ([____]): [________________________________]

Specific Error or Basis for Reconsideration:

[Identify precisely what error the agency made, or what new evidence or good cause exists. Cite the specific finding of fact, conclusion of law, or page/paragraph of the decision at issue.]

[________________________________]
[________________________________]
[________________________________]

Applicable Legal Standard:

[State the standard, e.g., "Under Conn. Gen. Stat. § 4-181a(a)(1)(A), a petition for reconsideration may be granted when an error of fact or law should be corrected. On judicial review under Conn. Gen. Stat. § 4-183(j), Connecticut courts will not disturb an agency's factual findings unless they are clearly erroneous in view of the substantial evidence on the whole record, and will sustain an appeal where the agency's decision reflects an error of law, was made upon unlawful procedure, exceeded the agency's statutory authority, or was arbitrary, capricious, or an abuse of discretion."]

[________________________________]
[________________________________]

Argument:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Supporting Authorities:

• Connecticut Statute: [________________________________]
• Connecticut Agency Regulations: [________________________________]
• Case Law: [________________________________]
• Agency Precedent: [________________________________]

Additional Ground ([____]): [________________________________]

Basis:

[________________________________]
[________________________________]

Argument:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Supporting Authorities:

• [________________________________]
• [________________________________]

SECTION 8 — RELIEF REQUESTED

Petitioner respectfully requests that the Agency:

☐ Vacate the final decision in its entirety and dismiss the proceeding

☐ Modify the final decision as follows: [________________________________]

☐ Remand for a new or supplemental evidentiary hearing on: [________________________________]

☐ Remand for additional or corrected findings of fact or conclusions of law on: [________________________________]

☐ Reduce the penalty or sanction from [________________________________] to [________________________________]

☐ Reinstate or grant the license, permit, or certification at issue

☐ Stay enforcement of the final decision pending resolution of this petition (note: stay does not extend appeal deadline)

☐ Other: [________________________________]

SECTION 9 — EXHIBITS

SECTION 10 — VERIFICATION

I, [________________________________], declare under penalty of perjury under the laws of the State of Connecticut that the foregoing Petition for Reconsideration is true and correct to the best of my knowledge and belief.

Executed on [__/__/____] at [________________________________], Connecticut.

Signature: _________________________________
Printed Name: [________________________________]
Title/Capacity: [________________________________]

SECTION 11 — SIGNATURE BLOCK

Respectfully submitted,

_________________________________
[________________________________] (Attorney Name)
Connecticut Juris No.: [________________________________]
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________], CT [____]
Telephone: ([____]) [____]-[____]
Email: [________________________________]

Counsel for Petitioner [________________________________]

Date: [__/__/____]

SECTION 12 — CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing Petition for Reconsideration upon the following parties by the method(s) indicated:

Agency Clerk / Records and Dockets:
[________________________________] — [________________________________], CT [____]
☐ Personal delivery ☐ U.S. Mail ☐ Certified Mail (No.: [________________________________]) ☐ Email: [________________________________]

Agency Attorney / Legal Division:
[________________________________] — [________________________________]
☐ Personal delivery ☐ U.S. Mail ☐ Certified Mail ☐ Email: [________________________________]

Opposing Party or Counsel:
[________________________________] — [________________________________]
☐ Personal delivery ☐ U.S. Mail ☐ Certified Mail ☐ Email: [________________________________]

Other Party of Record:
[________________________________] — [________________________________]
☐ Personal delivery ☐ U.S. Mail ☐ Email: [________________________________]

_________________________________
Signature
Printed Name: [________________________________]
Date: [__/__/____]

SECTION 13 — NEXT STEPS AND JUDICIAL REVIEW

13.1 Agency Decision on This Petition:

Under Conn. Gen. Stat. § 4-181a(a)(1), within 25 days of filing of this Petition, the agency shall decide whether to reconsider the final decision. Failure to make a determination within 25 days constitutes a denial of the petition.

13.2 Agency Initiative to Reconsider:

Under § 4-181a(a)(2), within 40 days of the mailing or personal delivery of the original final decision, the agency may — regardless of whether this petition has been filed — decide to reconsider the final decision on its own initiative.

13.3 Deadline to Complete Reconsideration; Decision After Reconsideration:

Under § 4-181a(a)(3), if the agency decides to reconsider, it must render its decision after reconsideration not later than 90 days following the date the agency decides to reconsider. If the agency fails to do so within that period, the original final decision remains the final decision for purposes of any § 4-183 appeal. Under § 4-181a(a)(4), a timely decision made after reconsideration shall become the new final decision in lieu of the original for purposes of any appeal under § 4-183.

13.4 Judicial Review — Appeal to Superior Court:

Under Conn. Gen. Stat. § 4-183(c), an appeal to the Connecticut Superior Court must be filed within 45 days, measured from whichever of the following is applicable and later: (1) mailing/delivery of the original final decision; (2) the agency's denial of a petition for reconsideration; (3) mailing/delivery of the decision made after reconsideration; or (4) expiration of the 90-day reconsideration period under § 4-181a(a)(3) if the agency fails to timely decide. Key requirements:

• File in the Superior Court for the judicial district of New Britain, or the judicial district where Petitioner resides; if Petitioner is not a Connecticut resident, file in the judicial district of New Britain
• Serve a copy of the appeal on the agency at its office or at the office of the Attorney General in Hartford, and on each party listed in the final decision
• Under § 4-183(j), the court shall not substitute its judgment for the agency's on the weight of the evidence on factual questions, and shall affirm the agency decision unless substantial rights of the appealing party have been prejudiced because the agency's findings, inferences, conclusions, or decisions are: in violation of constitutional or statutory provisions; in excess of the agency's statutory authority; made upon unlawful procedure; affected by other error of law; clearly erroneous in view of the substantial evidence on the whole record; or arbitrary, capricious, or characterized by abuse of discretion
• The court may sustain, remand, or (per § 4-183(k)) modify the agency decision or order the agency to take particular action

13.5 Preservation of Issues:

All legal grounds for a future Superior Court appeal should be raised in this petition to ensure they are preserved.

This template was prepared for use in Connecticut administrative proceedings under Conn. Gen. Stat. § 4-166 et seq. It must be reviewed by a qualified attorney licensed in Connecticut before use. The 15-day reconsideration deadline and 45-day judicial appeal deadline are strictly enforced.