Conn. Gen. Stat. § 31-276

Current with legislation from the 2024 Regular and Special Sessions.

Section 31-276 - Workers' Compensation Commission. Administrative Law Judges. Nomination by Governor. Appointment by General Assembly. Terms of office. Removal. Selection of chairman

(a) There shall be a Workers' Compensation Commission to administer the workers' compensation system. There shall be sixteen administrative law judges. On or before the date of the expiration of the term of each administrative law judge or upon the occurrence of a vacancy in the office of any administrative law judge for any reason, the Governor shall nominate a competent person to fill that office. Subsequent to July 1, 1993, each person nominated by the Governor to serve as an administrative law judge shall have been a member in good standing of the Connecticut bar for at least five years preceding the nomination, provided the Governor shall not be precluded from renominating an individual who has previously served as an administrative law judge. The administrative law judges shall, upon nomination by the Governor, be appointed by the General Assembly as prescribed by law. They shall serve for a term of five years, but may be removed by impeachment. The Governor shall from time to time select one of the sixteen administrative law judges to serve as chairperson of the Workers' Compensation Commission at the pleasure of the Governor. The administrative law judge selected by the Governor to be chairperson shall have previously served as an administrative law judge in this state for at least one year.

(b) Notwithstanding the provisions of subsection (a) of this section, on and after October 1, 1988, any administrative law judge whose term expires on December thirty-first shall continue to serve until the next succeeding March thirty-first.

(c) Each nomination made by the Governor to the General Assembly for an administrative law judge shall be referred, without debate, to the committee on the judiciary, which shall report thereon within thirty legislative days from the time of reference, but no later than seven legislative days before the adjourning of the General Assembly. Each appointment by the General Assembly of an administrative law judge shall be by concurrent resolution. The action on the passage of each such resolution in the House and in the Senate shall be by vote taken on the electrical roll-call device. No resolution shall contain the name of more than one nominee. The Governor shall, within five days after he has notice that any nomination for an administrative law judge made by him has failed to be approved by the affirmative concurrent action of both houses of the General Assembly, make another nomination to such office.

(d) Notwithstanding the provisions of section 4-19, no vacancy in the position of an administrative law judge shall be filled by the Governor when the General Assembly is not in session unless, prior to such filling, the Governor submits the name of the proposed vacancy appointee to the committee on the judiciary. Within forty-five days, the committee on the judiciary may, upon the call of either chairperson, hold a special meeting for the purpose of approving or disapproving such proposed vacancy appointee by majority vote. The Governor shall not administer the oath of office to such proposed vacancy appointee until the committee has approved such proposed vacancy appointee. If the committee determines that it cannot complete its investigation and act on such proposed vacancy appointee within such forty-five-day period, it may extend such period by an additional fifteen days. The committee shall notify the Governor in writing of any such extension. Failure of the committee to act on such proposed vacancy appointee within such forty-five-day period or any fifteen-day extension period shall be deemed to be an approval.

(e) Each administrative law judge shall be sworn to a faithful performance of his duties. After notice and public hearing the Governor may remove any administrative law judge for cause and the good of the public service. Each administrative law judge shall devote his full time to the duties of his office and shall not be otherwise gainfully employed.

Conn. Gen. Stat. § 31-276

(1949 Rev., S. 7435; 1958 Rev., S. 31-140; 1961, P.A. 491, S. 2; April, 1964, P.A. 3, S. 1; February, 1965, P.A. 577, S. 1; 1969, P.A. 662, S. 3; 1971, P.A. 639, S. 2; P.A. 80-414, S. 2; P.A. 83-353, S. 2; P.A. 84-320, S. 2, 6; 84-546, S. 154, 173; P.A. 85-420, S. 2, 4; P.A. 87-301; P.A. 88-125; 88-184, S. 2, 3; P.A. 91-339 , S. 2 , 55 ; June Sp. Sess. P.A. 91-12 , S. 50 , 55 ; P.A. 92-176 , S. 1 , 2 ; P.A. 93-228 , S. 2 , 35 ; P.A. 94-193 , S. 2 ; May 25 Sp. Sess. P.A. 94-1 , S. 29 , 130; P.A. 96-72 , S. 1 , 2 ; P.A. 07-29 , S. 1 ; P.A. 10-32 , S. 104 .)

Amended by P.A. 22-0089, S. 5 of the Connecticut Acts of the 2022 Regular Session, eff. 5/24/2022.

Amended by P.A. 21-0018, S. 1 of the Connecticut Acts of the 2021 Regular Session, eff. 10/1/2021.

Amended by P.A. 10-0032, S. 104 of the February 2010 Regular Session, eff. 5/10/2010.

commissioner administrative law judge is not a court; some of his acts are quasi-judicial and some wholly administrative. 89 C. 148 . Appointment of commissioner administrative law judge unaffected by subsequent resignation of Governor. 133 C. 687 . Cited. 14 CS 421 .

See Sec. 31-278 re powers and duties of commissioners administrative law judges.