Lexis Nexis LexisNexis Practice Guide: Connecticut Administrative Law and Practice
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LexisNexis Practice Guide: Connecticut Administrative Law and Practice helps attorneys to gain valuable insight into Connecticut administrative practices and procedures that are useful to practitioners before both administrative agencies and courts. The guide provides detailed discussion of both procedural and substantive considerations, together with comprehensive summaries of helpful legal principles and standards of review from highly experienced Connecticut lawyers and judges. The publication contains relevant statutes, regulations and court rules, and serves as an easy-to- use desk reference to help avoid potential challenges facing administrative law practitioners.
The previous edition's ISBN is 9781663376893.
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Table of contents
Chapter 1 INTRODUCTION TO ADMINISTRATIVE LAW
§ 1.01 Introduction
§ 1.02 The Vocabulary of Administrative Law
§ 1.03 The Administrative Procedure Act in Connecticut
§ 1.04 Separation of Powers
§ 1.05 Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.
§ 1.06 Power and Limitations of Administrative Agencies
§ 1.07 The Power of Attorney General and the Legislation Regulation Review Committee relating to Administrative Agencies
§ 1.08 Statutory Basis—Breadth and Scope of Administrative Power
§ 1.09 Checklist: Analyzing a case involving an agency
§ 1.10 Appendix 1-1: The Connecticut Administrative Procedures Act
Chapter 2 RULEMAKING
§ 2.01 Introduction
§ 2.02 What is a “Regulation”
§ 2.03 Types of Rules
§ 2.04 The Rulemaking Process: Notice of Proposed
§ 2.05 Substantive Requirements for Rulemaking
§ 2.06 The Comment Period
§ 2.07 The Regulatory Flexibility Analysis and Small Business Impacts
§ 2.08 The Public Hearing
§ 2.09 The Regulation-Making Record
§ 2.10 Review by the Attorney General and the LRCC
§ 2.11 Effective Date
§ 2.12 Permissive Regulations
§ 2.13 Mandatory regulations
§ 2.14 Emergency Regulations
§ [1] Imminent Peril
§ [2] Effective Date
§ 2.15 Petitions for Regulation
§ 2.15A Administrative Responses to the COVID-19 Global Pandemic
§ 2.16 Appendix 2-1: Sacket v. U.S. Environmental Protection Agency, 598 U.S. 651 (2023)
§ 2.17 Appendix 2-2: Legislative Regulation Review Committee (2023-2024 Rules)
§ 2.18 Appendix 2-3: Regulation Certification Form R39DF
§ 2.19 Appendix 2-4: Manual for Drafting Regulations (Rev. Jan. 2018)
§ 2.20 Appendix 2-5: Executive Order 37
Chapter 3 FREEDOM OF INFORMATION—PUBLIC MEETINGS
§ 3.01 Introduction
§ 3.02 Legislative History
§ 3.03 Key Definitions
§ 3.04 Agenda, Notice and Minute Requirements
§ 3.05 Conduct of Public Meetings
§ 3.06 Requirements for Executive Sessions
§ 3.07 Appeals
§ 3.08 Appendices
Chapter 4 FREEDOM OF INFORMATION—PUBLIC RECORDS
§ 4.01 Introduction
§ 4.02 Records Exempt from Disclosure Under the FOIA
§ 4.03 What Constitutes “An Invasion of Personal Privacy” Under the Act
§ 4.04 The Attorney-Client Privilege
§ 4.05 The Home Address Exclusion
§ 4.06 Handling Voluminous and Ambiguous Requests for Information
§ 4.07 Requests that Require Research
§ 4.08 Requests that Seek Preliminary Information
§ 4.09 Costs Associated with New Technology
§ 4.10 Police Records and Evidence
§ 4.11 Court Documents and Record Retention
§ 4.12 Appendices
Chapter 5 CONTESTED CASES—THE PREHEARING PROCESS
§ 5.01 What is a contested case?
§ 5.02 Two words that matter—“Statute or Regulation”
§ 5.03 Licenses
§ 5.04 Procedural Requirements in a Contested Case
§ 5.05 The Right to Reasonable Notice
§ 5.06 Pleadings
§ 5.07 Party Standing
§ 5.08 Intervention
§ 5.09 Continuances
§ 5.10 Disposition of Contested Cases
§ 5.11 Discovery
§ 5.12 Prehearing Conferences
§ 5.13 Appendices
Chapter 6 THE ANATOMY OF A CONTESTED CASE
§ 6.01 Introduction
§ 6.02 Commencement of a Contested Case
§ 6.03 The Hearing Officer
§ 6.04 Level of Formality
§ 6.05 Prehearing Conference
§ 6.06 Settlement Procedures
§ 6.07 Settlement Conferences
§ 6.08 Mediation
§ 6.09 Ex Parte Communication
§ 6.10 Evidence
§ 6.11 Hearsay Evidence
§ 6.12 The Right to Cross-Examination
§ 6.13 Official Notice
§ 6.14 Written Testimony
§ 6.15 Making the Record
§ 6.16 The Hearing
§ 6.17 Dismissal without a Hearing
§ 6.18 Custody of the Record
Chapter 7 THE POST-HEARING PROCESS
§ 7.01 The Process depends on the nature of the hearing
§ 7.02 Time for the Decision
§ 7.03 Contents of Decision
§ 7.04 Findings of Fact
§ 7.05 Use of Agency Expertise
§ 7.06 Conclusion of Law
§ 7.07 Service of the Decision and its Effective Date
§ 7.08 Indexing of Written Orders and Final Decisions
§ 7.09 Precedential Value of Agency Written Orders on Final Decisions in Contested Cases
§ 7.10 Reconsideration
§ 7.11 Informal Disposition of a Contested Case
§ 7.12 Matters Involving Licenses
§ 7.13 Judicial Review of Contested Case Orders
§ 7.14 Only a Contested Case can be appealed
§ 7.15 Appeal of Final Decision in Contested Cases to the Superior Court
§ 7.16 Standards of Review of Agency Action
Chapter 8 COLLATERAL ESTOPPEL, RES JUDICATA, STARE DECISIS AND THE EQUITABLE DEFENSES
§ 8.01 Res Judicata and Collateral Estoppel
§ 8.02 Stare Decisis
§ 8.03 Equitable Estoppel
§ 8.04 Laches
Chapter 9 OVERVIEW OF LOCAL ADMINISTRATIVE LAW
§ 9.01 Introduction
§ 9.02 The Zoning Commission
§ 9.04 The Zoning Board of Appeals
§ 9.05 The Inland Wetland Commission
§ 9.06 Historic District Commissions
§ 9.07 Board of Assessment Appeals
§ 9.08 The Zoning Enforcement Officer
§ 9.09 The Building Inspector and the Building Board of Appeals
§ 9.10 Health Director and Sanitarian
§ 9.11 Other Local Administrative Penalties and Enforcement Remedies
§ 9.12 Appointment of Hearing Officers
§ 9.13 Issuance of Citations and Notices
§ 9.14 Conduct of Hearing
§ 9.15 Decision of Hearing Officer
§ 9.16 Enforcement of Assessment in Superior Court
§ 9.17 Right of Appeal
Chapter 10 ETHICAL ISSUES FOR THE ADMINISTRATIVE LAWYER
§ 10.01 Introduction
§ 10.02 Conflicts of Interest
§ 10.03 Who is the client?
§ 10.04 When the organization’s interest may be or may become adverse to one or more of its constituents
§ 10.05 When an officer, employee or other constituent is engaged in an action in a manner contrary to the best interests of the organizational client
§ 10.06 When you can represent a constituent individual
§ 10.07 Dual Representation—Advocate and Counselor
§ 10.08 Right to Counsel in Administrative Hearings
§ 10.09 Ex Parte Communications
§ 10.10 Ex Parte Communications in the Administrative Law Setting
§ 10.11 Ex Parte Communications and the Connecticut Uniform Administrative Procedures Act
§ 10.12 Communications with Represented Parties
§ 10.13 Multiple Client Conflicts of Interest—Rule 1.7
§ 10.14 Imputed conflicts (Rule 1.10(a))
§ 10.15 The Connecticut Code of Ethics
§ 10.16 Necessary Expenses
§ 10.17 Conflicts of Interest
§ 10.18 Ethics Enforcement
§ 10.19 Appendices
Chapter 11 WHERE TO FIND ADMINISTRATIVE AGENCY MATERIALS
§ 11.01 Introduction
§ 11.02 Constitution
§ 11.03 State Statutes/State Statutory Code
§ 11.04 Legislative History
§ 11.05 State Session Laws
§ 11.06 State Bills
§ 11.07 Regulations of Connecticut State Regulations
§ 11.08 The Connecticut Register and Manual
§ 11.09 Following the Regulation-Making Process
§ 11.10 Administrative Agency Procedural Rules
§ 11.11 The Connecticut State Building Code
§ 11.12 Executive Orders
§ 11.13 Attorney General
§ 11.14 Digest of Administrative Reports
§ 11.15 Connecticut Administrative Agency Decisions and Guidance
§ 11.16 Online Sources for Connecticut Administrative Agency Regulations and Decisions
§ 11.17 Directories of Connecticut State Agencies
§ 11.18 County/Municipality/City Codes
§ 11.19 Connecticut’s Court System / State Case Law
§ 11.20 State Court Rules
§ 11.21 Appendices
TABLE OF CASES
TABLE OF STATUTES
INDEX
