Appeal processing

(a) An appeal to the commissioner, pursuant to section 31-49p of the Connecticut General Statutes shall be filed in writing through a mechanism prescribed by the commissioner including, but not limited to: (1) electronically through the Connecticut Labor Department Leave Complaint and Appeal Portal, (2) by United States Postal Service to the Connecticut Labor Department Appeals Division at its mailing address, (3) by fax, or (4) in person. (b) To be acceptable as timely filed, an appeal shall be received by the commissioner no later than the twenty-first (21) calendar day after the date of issuance of the denial or penalty decision pursuant to section 31-49p of the Connecticut General Statutes, or shall bear a legible United States Postal Service postmark which indicates that within such twenty-one (21) calendar day period the appeal was placed in the possession of the United States Postal Service for delivery to the Connecticut Labor Department Appeals Division at its mailing address. If such twenty-first (21) calendar day falls on a day when the department is not open for business, the last day of the twenty-one (21) calendar day period day shall be extended to the next business day of the department. (c) Upon receipt of an appeal to the commissioner, the commissioner shall: (1) notate the date such appeal was received by the commissioner and the date of any United States Postal Service postmark; (2) (A) request the file record from the authority for any penalty decision or denial decision issued by the authority; or (B) request the file record from an employer with a private plan or its third-party administrator for any denial decision issued by such employer or third-party administrator pursuant to a private plan; and (3) promptly send or make available a copy of such file record to the appellant. (d) The authority, an employer with a private plan or a third-party administrator shall provide to the commissioner the file record, not later than the fifteenth (15) calendar day following the commissioner’s request to obtain such file record pursuant to subsection (c) of this section, electronically through the Connecticut Labor Department’s Leave Complaint and Appeal Portal or such other mechanism specified by the commissioner.