Sec. 51-197b. (Formerly Sec. 52-7). Administrative appeals. - Connecticut Statutes

      Sec. 51-197b. (Formerly Sec. 52-7). Administrative appeals. (a) Except as provided in section 31-301b, all appeals that may be taken from administrative decisions of officers, boards, commissions or agencies of the state or any political subdivision thereof shall be taken to the Superior Court.

      (b) Except as provided in section 4-183, the Superior Court, after a hearing, may reverse or affirm, wholly or partly, or may modify or revise the decision appealed from.

      (c) So much of any special act as is inconsistent with this section is repealed.

      (d) Except as provided in sections 8-8, 8-9 and 22a-43, there shall be a right to further review to the Appellate Court under such rules as the judges of the Appellate Court shall adopt.

      (e) The procedure on such appeal to the Appellate Court shall be in accordance with the procedure provided by rule or law for the appeal of judgments rendered by the Superior Court unless modified by rule of the judges of the Appellate Court. There shall be no right to further review except to the Supreme Court pursuant to the provisions of section 51-197f.

      (1949 Rev., S. 7742; P.A. 76-436, S. 4, 681; P.A. 77-347, S. 7, 11; 77-604, S. 60, 84; P.A. 80-352, S. 1, 2; 80-422, S. 48; P.A. 81-416, S. 3, 5; P.A. 82-248, S. 98; June Sp. Sess. P.A. 83-29, S. 4, 82; P.A. 88-317, S. 27, 107; P.A. 89-356, S. 7; P.A. 95-151, S. 3.)

      History: P.A. 76-436 transferred court of common pleas' jurisdiction of appeals under section provisions to superior court and added provisions re appeal to supreme court, effective July 1, 1978; P.A. 77-347 added exception re provisions of Sec. 53-36(b) and provision re appeals from judgment of common pleas court entered prior to July 1, 1978, effective July 1, 1978 and effective through June 30, 1979, but see Sec. 51-197c; P.A. 77-604 substituted "section 53-36b" for reference to Sec. 53-36(b), effective July 1, 1978; Sec. 52-7 transferred to Sec. 51-197b in the 1977 Court Reorganization Supplement; P.A. 80-352 added exception re appeals concerning administrative decisions of revenue services commissioner; P.A. 80-422 substituted reference to Sec. 53-36d for reference to Sec. 53-36b; P.A. 81-416 replaced provisions barring further review of superior court decisions of administrative appeals except by certification for review by the supreme court with provisions allowing review by the appellate session but no further review except by the supreme court pursuant to Sec. 51-197f; P.A. 82-248 reworded section, divided section into Subsecs. and deleted provision re appeals from judgments entered by court of common pleas prior to July 1, 1978; June Sp. Sess. P.A. 83-29 made changes necessitated by establishment of the appellate court; P.A. 88-317 divided Subsec. (a) into three subsections, inserted "Except as provided in section 4-183," in Subsec. (b) and relettered former Subsec. (b) as Subsec. (d) and former Subsec. (c) as Subsec. (e), effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A. 89-356 amended Subsec. (d) by deleting reference to Secs. 8-28 and 8-30; P.A. 95-151 amended Subsec. (d) to include an exception for appeals taken from judicial decisions re inland wetlands matters.

      See Sec. 4-183 re appeals to Superior Court from administrative proceedings.

      See Sec. 52-233 re requirements upon statutory appeal from administrative action taken to a judge.

      Annotations to former section 52-7:

      Cited. 130 C. 126. Cited. 133 C. 718. Cited. 134 C. 151. When provisions of general statute cover same field as those of special law, the former prevail. Superior court did not have jurisdiction. 135 C. 303. Cited. 138 C. 501. Board of police commissioners is a municipal board and appeals must go to court of common pleas. 145 C. 1. Cited. 150 C. 431. Where no provision for appeal in disability retirement act for municipal employees, court had no jurisdiction. 151 C. 703. Title to public office is a legal rather than an equitable question. Equity does not act to restrain or relieve against proceedings for the removal of public officers. 154 C. 228. This section supersedes the provisions of the Bridgeport charter which authorized appeal to the superior court. Id., 416. Cited. 156 C. 605; 171 C. 553.

      Effect of appeal from municipal board inadvertently taken to superior court. 13 CS 70. Power of common pleas to issue mandamus in matters concerning liquor control. Id., 446. Cited. 14 CS 450. Suspended police officer may appeal. 20 CS 148. Towns cannot adopt rules of legal procedure contrary to the provisions of general statutes. 25 CS 116. Right of appeal not created, only establishes jurisdiction of court of common pleas. 30 CS 290. Cited. 31 CS 125. Cited. 32 CS 82.

      Annotations to present section:

      Cited. 180 C. 692. Cited. 181 C. 1. Proceeding brought under Sec. 4-195 is not an administrative appeal subject to appellate restrictions under this section. 186 C. 153. Cited. 187 C. 262. Cited. 192 C. 183. Cited. 196 C. 283. Cited. 202 C. 28. Cited. 225 C. 13.

      Cited. 1 CA 285. Cited. 2 CA 384. Cited. 3 CA 496. Cited. 34 CA 567.

      Subsec. (a):

      Cited. 5 CA 520. Cited. 13 CA 1. There is no right of appeal to the Superior Court from the dismissal of a complaint by the State-Wide Grievance Committee. 110 CA 641.

      Subsec. (d):

      Failure of legislature to include reference to Sec. 8-30g did not thereby manifest an intention to permit direct appeal to Appellate Court of affordable housing land use appeals. 245 C. 257.