Section 46a-54-131 - Executive director's proposed final decision; transmittal to parties; commission action(a) The Executive Director shall prepare a proposed final decision affirming the decision of the local board and dismissing the appeal or sustaining the appeal. The proposed final decision shall be in writing and contain a statement of the reasons for the decision and finding of facts and conclusion of law on each issue of fact or law necessary to the decision.(b) The Executive Director's proposed final decision shall be transmitted to the members of the Commission for their review and action.(c) At the same time, a copy of the proposed final decision shall be served by certified mail or personal delivery on the local board and all parties to the appeal and their attorneys, if any. The proposed final decision shall be accompanied by a notice of the place, time and date by which each adversely affected party, including the local board, will have an opportunity to file exceptions and present briefs and oral argument to the Commission.(d) The Commission, after consideration of any exceptions, briefs or arguments received, shall issue a final decision by a majority of the members present and voting at a meeting. The Commission shall issue a 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. A copy of the Commission's final decision shall be mailed to each party to the appeal including the local board.
(e) The Commission and the parties to the appeal, by written stipulation, may waive compliance with this section.Conn. Agencies Regs. § 46a-54-131
Effective January 1, 1993