Section 4b-3(f)-4 - Commencement and conclusion of proceedings(a) Pursuant to section 8-273a(4) of the Connecticut General Statutes, a proceeding commences when the Board receives an appeal from a person aggrieved by a Determination of the Commissioner. An appeal to the Board shall constitute a contested case.(b) An appeal shall state specifically any findings to which the Petitioner objects and any other grounds for contesting the Commissioner's determination. An appeal shall also include a copy of any written determination made by the Commissioner, and any exhibits made a part thereof. The Board may require a more particular statement from the Petitioner if an appeal does not give adequate information concerning the grounds for contesting the Commissioner's determination.(c)Filing, service, and form of appeal(1) The original of any appeal which is required or allowed to be filed under this section shall be filed with the Board. The original and any subsequent information regarding an appeal shall be either hand delivered or sent to the Board by certified mail, return receipt requested.(2) The first page of every appeal shall contain a caption identifying the Petitioner and the location of the outdoor advertising structure or any other designation prescribed by the Board.(3) Every appeal shall be signed by the Petitioner filing or by his attorney or other representative, if any. The signature constitutes a representation by the signer that he has read the appeal, that to the best of his knowledge, information and belief the statements made therein are true and complete, and that the appeal is not filed for the purpose of delay or harassment.(4) An appeal filed by any Petitioner shall contain the name, address, telephone number, facsimile and email address of the person filing and of his attorney or other representative, if any. Any change in this information shall, within seven days after such person becomes aware of such change, be communicated in writing to the Board and to all persons upon whom an appeal shall be served under subdivision (5) of this subsection.(5) A copy of every appeal shall be served personally or by mail upon the Commissioner. Every appeal filed shall be accompanied by a certification in substantially the following form:I [name of Petitioner or representative] hereby certify that a copy hereof was [personally delivered] [mailed in a properly addressed, first-class postage pre-paid envelope] on [date] to the Commissioner of Transportation at the following address:
____________________________
____________________________
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[signature of person making service]
(6) Service of a copy of an appeal shall be complete upon personal delivery or mailing.(7) The date of the filing of any appeal required or allowed under this section shall be the date such appeal is received by the Board.(8) The Board may reject any filing for failure to comply with any requirement of this subsection.(d)Commissioner's responseWithin fifteen (15) days of receipt of a copy of an appeal being delivered to the Commissioner, the Commissioner shall respond and answer the allegations contained in the appeal.
Conn. Agencies Regs. § 4b-3(f)-4
Adopted effective May 11, 2009