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