Untimely appeal; lack of aggrievement; moot appeal; lack of standing dismissal

(a) Upon receipt of any appeal over which the commissioner determines that no jurisdiction exists for any reason, including (1) the untimely filing of the appeal; (2) lack of aggrievement on the part of the appellant; (3) mootness of the appeal; or (4) lack of standing, the commissioner shall assign such appeal a case number and, unless the commissioner determines that a hearing is necessary, thereafter issue a decision dismissing such appeal. The commissioner’s determination of such jurisdictional issues may be based solely upon review and consideration of the evidence in the file record concerning such jurisdictional issues. Such lack of standing dismissal decision shall contain findings of fact and conclusions of law concerning the jurisdictional issues involved. (b) If an appellant alleges good cause for the untimely filing of an appeal, the commissioner may conduct a hearing on the issue of good cause. For purposes of this section, an appellant has good cause for filing an appeal more than twenty-one (21) calendar days after the date of issuance of the denial or penalty decision pursuant to section 31-49p of the Connecticut General Statutes if a reasonably prudent individual under the same or similar circumstances would have been prevented from filing a timely appeal. In determining whether good cause has been shown, the commissioner shall consider all relevant factors, including, but not limited to: (1) Whether the appellant was represented by an attorney; (2) Whether the appellant received timely and adequate notice of the need to act; (3) Administrative error; (4) Factors outside the control of the appellant which prevented a timely action; (5) The appellant’s physical or mental impairment; (6) Whether the appellant acted diligently in filing an appeal once the reason for the late filing no longer existed; (7) The total length of time that the action was untimely; and (8) Good faith error, provided, in determining whether good faith error constitutes good cause, the commissioner shall consider any prior history of late filing due to such error, whether the appeal is excessively late, and whether the appellant otherwise acted with due diligence.