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Connecticut Laws | Title 4 Management Of State Agencies
CHAPTER 54* UNIFORM ADMINISTRATIVE PROCEDURE ACT
Sec. 4-186. Chapter 54 exemptions and conflicts.

(f) The provisions of section 4-183 shall apply to the Psychiatric Security Review Board in the manner described in section 17a-597, and to appeals from the condemnation of a herd by the Commissioner of Agriculture in the manner described in section 22-288a. (1431)

(g) The provisions of section 4-183 shall apply to special education appeals taken pursuant to subdivision (4) of subsection (d) of section 10-76h, in the manner described therein. The final decision rendered in the special education hearings pursuant to section 10-76h shall be exempt from the provisions of section 4-181a. (1432)

(h) The Higher Education Supplemental Loan Authority and the Municipal Liability Trust Fund Committee are not agencies for the purposes of this chapter. (1433)

(i) Guidelines, criteria and procedures adopted pursuant to section 10a-225 by the Connecticut Higher Education Supplemental Loan Authority and the state-wide solid waste management plan adopted under section 22a-227 shall not be construed as regulations under this chapter. (1434)

(j) The Judicial Review Council is exempt from the provisions of sections 4-175 to 4-185, inclusive. (1435)

Secs. 4-187 and 4-188. Unemployment compensation, employment security and manpower appeals. Employment Security Division and the Board of Mediation and Arbitration exempt. (1436)(Text)

Sections 4-187 and 4-188 are repealed. (1437)

Sec. 4-188a. Requirements for exemption of constituent units of state system of higher education. (1438)(Text)

The provisions of this chapter shall not apply to the constituent units of the state system of higher education, provided the board of trustees for each such constituent unit shall (1) after providing a reasonable opportunity for interested persons to present their views, promulgate written statements of policy concerning personnel policies and student discipline, which shall be made available to members of the public, and (2) in cases of dismissal of tenured, unclassified employees, dismissal of nontenured, unclassified employees prior to the end of their appointment, and proposed disciplinary action against a student, promulgate procedures which shall provide (A) written notice to affected persons of the reasons for the proposed action; (B) a statement that the affected person is entitled to a hearing if he so requests; and (C) a written decision following the hearing. (1439)

Sec. 4-189. Repeal of inconsistent provisions. (1440)(Text)

Any provisions in the general statutes that are inconsistent with the provisions of this chapter are repealed, provided nothing contained in this chapter shall be deemed to repeal provisions in the general statutes that provide for the confidentiality of records. (1441)

Secs. 4-189a to 4-189g. (1442)(Text)

Reserved for future use. (1443)

CHAPTER 54a AGENCY REGULATIONS: GENERAL PROVISIONS (1444)(Text)

Sec. 4-189h. Definitions. (1445)(Text)

As used in this section and section 4-189i: (1446)

(1) "Agency" shall have the same meaning as "agency", as defined in section 4-166; (1447)

(2) "Regulation" shall have the same meaning as "regulation", as defined in section 4-166; (1448)

(3) "Existing regulation" means a regulation that was adopted by an agency no later than one year prior to the scheduled date of review, as provided in subsection (b) of section 4-189i; (1449)

(4) "Regulation review committee" means the standing legislative regulation review committee established under section 4-170; (1450)

(5) "Committee of cognizance" means the legislative committee of the General Assembly having cognizance of the subject matter of a regulation. (1451)

Sec. 4-189i. Existing agency regulations. Review. Reductions in number and length of agency regulations. (1452)(Text)

(a) Not later than July 1, 1996, and every five years thereafter, the regulation review committee in consultation with each agency, shall establish the date by which the agency shall submit a review of the existing regulations adopted by said agency. In establishing such date, or any extension of the date that may be requested by the agency, the committee shall consider the volume and complexity of such regulations and the personnel and other resources of the agency which would be available to undertake the review within the agency's available appropriations. (1453)

(b) Not later than the date specified by the regulation review committee, each agency shall submit to the committee a review of its existing regulations, which shall include, but not be limited to: (1) The agency's recommendations on how it may substantially reduce the number and length of its existing regulations; (2) the agency's determination of whether each existing regulation (A) is obsolete, (B) has not been used within the preceding five years, (C) is inconsistent with any provision of the general statutes, federal law or any regulation adopted under the general statutes or federal law, (D) has been the subject of written complaints, (E) is otherwise no longer effective; and (3) the agency's recommendation of any extraordinary circumstances in which waivers from existing regulations may be appropriate. (1454)

(c) Upon receipt of an agency's review, the regulation review committee shall: (1) Send a copy of the review to the committee of cognizance and (2) schedule a public hearing jointly with the committee of cognizance, which shall be held within thirty days following such receipt. The regulation review committee shall have copies of the review available to the public at least five days prior to the hearing. (1455)

(d) Following the public hearing: (1) The regulation review committee may request the agency to initiate the process under chapter 54 to carry out a recommendation of the agency under subsection (b) of this section to amend or repeal an existing regulation which, in the determination of the regulation review committee, does not require the enactment of authorizing legislation and (2) the committee of cognizance shall consider any recommendation by the agency under subsection (b) of this section which, in the determination of the committee of cognizance or the regulation review committee, would require the enactment of authorizing legislation. (1456)

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