R.C.S.A. § 31-237g-18
Rescheduling; postponements
Cite as Conn. Agencies Regs. § 31-237g-18
(a) Due to existing requirements for the prompt disposition of unemployment compensation
appeals, a hearing scheduled before a Referee may, for good cause, be rescheduled
by the Appeals Division to another date, time or location only upon the initiative
of the Appeals Division or upon a request from a party, or the attorney or authorized
agent for such party, which reveals good cause for such request. Such a request need
not be in writing, but shall be promptly made as far as possible in advance of the
scheduled hearing and describe the good cause alleged for the request. Such a request
should be made to the Appeals Division office which issued the notice of hearing.
The Appeals Division may require that the reasons given in oral rescheduling requests
be subsequently confirmed in writing or sworn affidavit by the party, attorney, or
authorized agent who made the request. The appeals division may deny any request that
is not based upon good cause or that is not timely made. Each authorized agent that
represents parties for a fee shall comply with Section 31-272-4 of the Regulations
of Connecticut State Agencies in making such a request. The Appeals Division shall,
with regard to each such rescheduling request, promptly decide the request and record
the following in the appeal file: (1) the person making such request; (2) the party
on whose behalf the request was made; (3) the date and time such request was received;
(4) the good cause alleged for such request; (5) the decision upon such request and
the reasons therefor; (6) the manner in which such decision was conveyed to the requesting
party; and (7) the name of the Appeals Division staff member involved with such communication.
The Appeals Division's decision denying such a rescheduling request need not otherwise
be in writing.
(b) Upon rescheduling any hearing, the Appeals Division shall:
(1) promptly make a reasonable effort to orally notify each party, attorney and authorized
agent of record as to the rescheduling if it is reasonable to assume that mailed written
notice of such rescheduling would not timely arrive, and record in the file record
the date and time of such notification and the person to whom such notification was
conveyed; and
(2) confirm such rescheduling with a written notice of rescheduling which shall be sent
to all parties and list the following information: the party who made the request,
the good cause alleged for the request, and, if known, the new day, date, time and
place for the rescheduled hearing. If such notice indicates the new day, date, time
and place of such hearing, such notice shall be in lieu of reissued notice otherwise
required by Section 31-236g-17 of these regulations.
(c) Any party aggrieved by the Referee's decision on a rescheduling request may petition
for review of such decision but only as a part of any subsequent petition which addresses
the Referee's eventual decision on the appeal by way of either an appeal to the Board
or a motion to the Referee to reopen, vacate, set aside or modify. However, any party
which objects to a Referee's decision on a rescheduling request should, at the earliest
opportunity, provide such objection in writing to the Appeals Division office involved
and/or state such objection on the record at the hearing held subsequent to such request.