Section 46a-54-130 - Review of appeal by the executive director; preliminary determination of appeal(a) Upon receipt, the Executive Director of the Commission shall review the appeal. The appeal shall be confined to the record, provided that the Executive Director may permit corrections to the record. Upon motion, the Executive Director may hear oral argument and receive written briefs.(b) If any party applies to the Executive Director for leave to introduce evidence outside the record and shows that the evidence is material and that there were reasonable grounds for failing to present it to the local board, the Executive Director may order the evidence to be introduced or taken and made a part of the record.(c) The Executive Director shall prepare a proposed final decision affirming the decision of the board, unless it is found that substantial rights of the appellant have been violated in that the board's decision:(1) violates or exceeds the authority the local board has been granted by statute, rule or ordinance;(2) is clearly erroneous in view of the record; or(3) is arbitrary, capricious or an abuse of or clearly unwarranted exercise of discretion.(d) The Executive Director shall not substitute her or his judgment for that of the local board, except where there are additions to or corrections of the record.Conn. Agencies Regs. § 46a-54-130
Effective January 1, 1993