Templates Administrative Law Professional Licensing Appeal - Connecticut
Connecticut Administrative Law
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Professional Licensing Appeal - Connecticut - Free Editor

APPEAL FROM FINAL DECISION OF ADMINISTRATIVE AGENCY

(Conn. Gen. Stat. Section 4-183)

CAPTION

SUPERIOR COURT OF CONNECTICUT
JUDICIAL DISTRICT OF [JUDICIAL DISTRICT]
[PETITIONER/LICENSEE], Plaintiff/Appellant,
v.
[AGENCY/BOARD NAME], Defendant/Appellee.
Docket No.: [___]

INTRODUCTION

  • Appeal from final decision of Defendant/Appellee regarding [Denial/Discipline/Suspension/Revocation] of [License Type] issued [DATE] pursuant to the Connecticut Uniform Administrative Procedure Act, Conn. Gen. Stat. Section 4-166 et seq.

JURISDICTION, VENUE, AND TIMELINESS

  • Jurisdiction under Conn. Gen. Stat. Section 4-183; venue proper in [Judicial District].
  • Appeal timely filed within 45 days of mailing of final administrative decision as required by Conn. Gen. Stat. Section 4-183(c).
  • Administrative remedies exhausted per Conn. Gen. Stat. Section 4-183.

PARTIES

  • Plaintiff/Appellant [Name], license number [___].
  • Defendant/Appellee [Agency/Board], state agency located at [Address].

PROCEDURAL HISTORY

  • Summary of accusation/notice, hearing date(s), proposed decision (if applicable), Board adoption/modification, and mailing of final decision on [DATE].

STANDARD OF REVIEW AND GROUNDS (Conn. Gen. Stat. Section 4-183)

The court shall affirm the decision of the agency unless the court finds that substantial rights of the person appealing have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:
- ☐ In violation of constitutional or statutory provisions
- ☐ In excess of the statutory authority of the agency
- ☐ Made upon unlawful procedure
- ☐ Affected by other error of law
- ☐ Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record
- ☐ Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion

ALLEGATIONS (SUMMARY)

  • [Facts showing evidentiary gaps, legal errors, bias, or procedural defects].

RELIEF REQUESTED

  • Reverse or modify the agency decision and [reinstate license/issue license/remand].
  • Stay enforcement pending review per Conn. Gen. Stat. Section 4-183(f).
  • Costs and attorney's fees as permitted and other relief as just.

ADMINISTRATIVE RECORD

  • The agency shall file the record within the time required by Conn. Gen. Stat. Section 4-183(g); Appellant will pay costs as required.

VERIFICATION AND SIGNATURE

  • Signature of Appellant/counsel; proof of service on Appellee and Attorney General.

CONNECTICUT-SPECIFIC PROCEDURAL NOTES

  • The appeal must be filed within 45 days after mailing of the final decision.
  • Service must be made on the agency and, within 30 days, on the Attorney General.
  • The agency must transmit the record within 30 days of receiving notice of the appeal.
  • The court conducts review without a jury on the basis of the agency record.
  • The court may grant a stay of the agency decision upon appropriate terms pending the appeal.

[// GUIDANCE: For Connecticut licensing appeals, Conn. Gen. Stat. Section 4-183(f) permits the court to stay enforcement. The standard of review is whether the decision is clearly erroneous in view of the substantial evidence on the whole record.]

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