LexisNexis Practice Guide: Connecticut Administrative Law and Practice

LexisNexis Practice Guide: Connecticut Administrative Law and Practice provides attorneys with an overview and practical guidance to the practices and procedures of Connecticut administrative agencies and courts.
by Vincent M. Marino, Esq. (Author) , Barbara M. Schellenberg, Esq. (Author)
Publisher: LexisNexis

Select a format

Print Book:1 Volume, Softbound
2024 Edition
ISBN: 9781663398369
In Stock
Price
$497.00
Best value
QTY
eBook:epub
2024 Edition
ISBN: 9781663398376
Estimated: December 27, 2024
New!
Preorder
Price
$497.00
Best value
QTY
eBook:mobi
2024 Edition
ISBN: 9781663398376
Estimated: December 27, 2024
New!
Preorder
Price
$497.00
Best value
QTY
International Order Inquiry

Product description

View a sample of this title using the ReadNow feature

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.

eBooks, CDs, downloadable content, and software purchases are noncancelable, nonrefundable and nonreturnable. Click here for more information about LexisNexis eBooks. The eBook versions of this title may feature links to Lexis+® for further legal research options. A valid subscription to Lexis+® is required to access this content.

 

Featured Authors

Vincent M. Marino, Esq.
Barbara M. Schellenberg, Esq.

Vincent M. Marino, Esq.

Vincent M. Marino is co-chair of Cohen and Wolf's Municipal Group. He is also a Principal in the Litigation and Bankruptcy Groups. Mr. Marino is resident in the firm's Orange office, practicing in the areas of commercial litigation, construction, municipal law and bankruptcy.

Mr. Marino presently serves as Town Attorney for the Towns of Orange, Trumbull and Seymour. He serves as the Governor's representative on the Policy Board of the South Central Connecticut Regional Water Authority, as the co-chair of the municipal law committee for the Connecticut Bar Association, and as a member of the Connecticut Commission on Compensation of Elected Officials and General Assembly Members. Mr. Marino also serves on the Board of Directors of the Orange Chamber of Commerce and is a founding member of Saving Orange Residents in Need, a local charity serving his community of Orange, CT.

Mr. Marino is the former chairman of the Orange Republican Town Committee and previously served on the Paralegal Advisory Board for the Sacred Heart University Paralegal Program. He is a member of the Milford Chamber of Commerce and a mentor for the Bridgeport Bridge Academy. The Boy Scouts of America Connecticut Yankee Council honored Mr. Marino at their annual Good Scout Luncheon in 2013.

Mr. Marino is recognized by Super Lawyers (2016) for his work in the area of General Litigation. In 2009, Mr. Marino was named a Rising Star by Business New Haven, and in 2004, he received the prestigious New Leaders of the Law Award sponsored by the Connecticut Law Tribune, an award that honors Connecticut lawyers who demonstrate leadership, innovation and dedication within their profession and communities.

Mr. Marino received his B.A. in 1993 from the State University of New York at Binghamton and his J.D. in 1996 from Quinnipiac University School of Law.

View all products by Vincent M. Marino, Esq. (1)

Barbara M. Schellenberg, Esq.

Barbara M. Schellenberg is a founding member of Marino, Zabel & Schellenberg, PLLC with an office in Orange, Connecticut. Barbara is the town attorney for the Town of Greenwich and serves as special land use counsel for the Towns of North Branford, Seymour, Monroe, Bethany Beacon Falls and Fairfield. She has a wide range of experience handling appeals in the Connecticut Appellate and Supreme Courts, as well as experience in the Second Circuit Court of Appeals and the Third Circuit Court of Appeals. She is admitted to practice in Connecticut; the U.S. District Court, District of Connecticut, the U.S. Court of Appeals for the Second Circuit and the U.S. Court of Appeals for the Third Circuit.

Barbara is a member of the American and Connecticut Bar Associations. She is also a member of the Connecticut Bar Association’s Appellate Advocacy, Planning & Zoning and Municipal sections. Barbara has twice served as a faculty member at the Connecticut Bar Association’s Appellate Advocacy Institute. In 2013, she began serving as a board member of the Connecticut Supreme Court Historical Society and in 2016, Barbara was appointed Editor-In-Chief of the Society's journal.

Active in the community as well, Barbara served on the Board of Congregation Beth El in Fairfield, where she also served as an Executive Board member, Co-Chair of the 2011-2012 Rabbi Search Committee, and Co-Chair of the Social Action Committee for five years. She also worked for several years on the Strategy Team of Congregations Organized for a New Connecticut, a diverse interfaith community organization comprised of trained leaders from religious institutions in Fairfield and New Haven counties who have joined forces to address a variety of local community concerns. Barbara was a member of the Board of Directors of the Jewish Family Service of Greater Bridgeport for seven years and a Fresh Air Fund Host from 1993-2001.

Barbara is recognized by Connecticut Super Lawyers (2012-2020) for her Appellate work.

Barbara received her B.S. in 1981 from Cornell University and her J.D. in 1986 from the University of Pennsylvania Law School, where she was senior editor of the Journal of Comparative Business and Capital Market Law.

View all products by Barbara M. Schellenberg, Esq. (1)

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
 

Related products