APPEAL FROM FINAL DECISION OF ADMINISTRATIVE AGENCY
(Connecticut Uniform Administrative Procedure Act, Conn. Gen. Stat. Section 4-183)
SUPERIOR COURT OF CONNECTICUT
JUDICIAL DISTRICT OF [JUDICIAL DISTRICT]
Docket No.: _________________
[PETITIONER],
Plaintiff/Appellant,
v.
[RESPONDENT STATE AGENCY],
Defendant/Appellee.
TABLE OF CONTENTS
- Document Header
- Definitions
- Jurisdiction, Venue & Governing Law
- Parties
- Exhaustion of Administrative Remedies
- Statement of Facts
- Claims for Relief
- Prayer for Relief
- Verification
- Signature Block
1. DOCUMENT HEADER
1.1 Effective Date. This Appeal is deemed filed on the date reflected by the Clerk's endorsement.
1.2 Recitals.
(a) Defendant/Appellee [STATE AGENCY] ("Agency") issued a final decision dated [DATE OF DECISION] (the "Decision") imposing [DESCRIBE PENALTY/ORDER] against Plaintiff/Appellant.
(b) Plaintiff/Appellant timely seeks judicial review pursuant to the Connecticut Uniform Administrative Procedure Act, Conn. Gen. Stat. Section 4-183.
(c) Plaintiff/Appellant additionally seeks declaratory and injunctive relief pending final determination.
2. DEFINITIONS
"Administrative Record" - the complete record of the underlying agency proceeding.
"Agency" - [RESPONDENT STATE AGENCY FULL FORMAL NAME] and its officers, employees, agents, subdivisions, boards, and successors.
"Decision" - the final administrative decision issued by Agency on [DATE] in Case No. [AGENCY CASE NO.].
"Plaintiff/Appellant" - [PETITIONER FULL LEGAL NAME], including its officers, directors, employees, agents, successors, and assigns.
3. JURISDICTION, VENUE & GOVERNING LAW
3.1 Statutory Basis. This Court has jurisdiction under Conn. Gen. Stat. Section 4-183.
3.2 Venue. Venue is proper in this judicial district because [state basis].
3.3 Governing Law. This Appeal is governed by the Connecticut Constitution and the Connecticut Uniform Administrative Procedure Act (Conn. Gen. Stat. Section 4-166 et seq.).
4. PARTIES
4.1 Plaintiff/Appellant. Plaintiff/Appellant [NAME] is a [DESCRIBE ENTITY TYPE] with its principal place of business at [ADDRESS].
4.2 Defendant/Appellee. Defendant/Appellee [STATE AGENCY] is a state administrative agency established under [CITE ENABLING STATUTE], with principal offices at [ADDRESS].
5. EXHAUSTION OF ADMINISTRATIVE REMEDIES
5.1 Plaintiff/Appellant participated fully in the underlying agency proceeding and preserved each objection stated herein.
5.2 The Agency issued its final Decision on [DATE]. No further intra-agency review is available; all administrative remedies are exhausted.
5.3 This Appeal is filed within the statutory 45-day limitations period prescribed by Conn. Gen. Stat. Section 4-183(c).
6. STATEMENT OF FACTS
6.1 Overview. On [DATE], Agency commenced administrative enforcement against Plaintiff/Appellant alleging [SUMMARY OF ALLEGED VIOLATIONS].
6.2 Evidentiary Hearing. An evidentiary hearing was conducted on [DATE(S)] before [HEARING OFFICER NAME].
6.3 The Decision. On [DATE], the Agency issued its final Decision finding [FINDINGS] and imposing [SANCTIONS].
6.4 Prejudice. The Decision adversely affects Plaintiff/Appellant by [DESCRIBE HARM].
7. CLAIMS FOR RELIEF
7.1 FIRST CAUSE OF ACTION - Judicial Review (Conn. Gen. Stat. Section 4-183)
Under Conn. Gen. Stat. Section 4-183(j), the Court shall affirm the decision 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
7.2 SECOND CAUSE OF ACTION - Declaratory Relief
Plaintiff/Appellant seeks a judicial declaration that the Decision is void and unenforceable.
7.3 THIRD CAUSE OF ACTION - Injunctive Relief
Plaintiff/Appellant seeks injunctive relief barring enforcement of the Decision pending resolution.
8. PRAYER FOR RELIEF
WHEREFORE, Plaintiff/Appellant prays for judgment as follows:
A. Reversal or modification of the Agency Decision;
B. Declaratory judgment that the Decision is null and void;
C. Preliminary and permanent injunctive relief;
D. Stay of enforcement per Conn. Gen. Stat. Section 4-183(f);
E. Costs and attorney's fees as permitted;
F. Other relief as just and proper.
9. VERIFICATION
I, [NAME], am the [TITLE] of Plaintiff/Appellant. I have read the foregoing Appeal and the matters stated therein are true to my knowledge.
Executed on [DATE], at [CITY, STATE].
___________________________________
[NAME], [Title]
10. SIGNATURE BLOCK
Respectfully submitted,
[LAW FIRM NAME]
Attorneys for Plaintiff/Appellant
By: ___________________________________
[ATTORNEY NAME]
Connecticut Bar No. [####]
[ADDRESS]
[PHONE] | [EMAIL]
Dated: ____________________
CONNECTICUT-SPECIFIC PROCEDURAL NOTES
- The appeal must be filed within 45 days after mailing of the final agency 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 pending appeal under Conn. Gen. Stat. Section 4-183(f).