221 Conn. 482 | Conn. | 1992
This is an appeal from the judgment of the trial court dismissing the plaintiff’s appeal of two final decisions of the named defendant, the freedom of information commission (FOIC). The trial court concluded that the appeal had been untimely served and, therefore, that it lacked subject matter jurisdiction over the appeal. We affirm the judgment of the trial court.
The facts essential to the disposition of this appeal are undisputed. In October and November, 1988, the Hartford Courant and the New Britain Herald filed complaints with the FOIC appealing the New Britain police department’s denial of requests to disclose the records of an internal affairs investigation of the plaintiff, former New Britain police officer James Raines.
The plaintiff timely appealed the decision of the FOIC to the Superior Court. In ruling on the defendant Hartford Courant’s motion in limine, the trial court, Freed, J., remanded the matter to the FOIC for an in camera inspection of the records in accordance with Board of Education v. Freedom of Information Commission, 210 Conn. 590, 556 A.2d 592 (1989),
The plaintiff appealed that decision to the Superior Court, and served a copy of the appeal on the FOIC on November 2, 1990, forty-four days after the FOIC had mailed its decision. The FOIC moved to dismiss the appeal, claiming that it had not been timely served and, therefore, that the trial court lacked subject matter jurisdiction. The trial court, Stengel, J., granted the FOIC’s motion to dismiss. The plaintiff appealed to the Appellate Court and we transferred the case to this court pursuant to Practice Book § 4023.
The sole issue in this appeal is whether General Statutes § 4-183 (c),
Number 88-317 of the 1988 Public Acts (act) was a comprehensive piece of legislation that substantially revised the Uniform Administrative Procedure Act (UAPA), General Statutes § 4-166 et seq. Prior to the 1988 revisions to the UAPA, a person aggrieved by a
The plaintiff argues that the initial agency proceedings in this case terminated when he appealed from the first agency decision and, therefore, a new proceeding commenced with the hearing held on June 28, 1990, pursuant to the trial court’s remand. Because this “pro
The agency proceedings in this case were initiated in October and November, 1988, when complaints were filed with the FOIC seeking disclosure of the records of the New Britain police department’s internal affairs investigation of the plaintiff. After the plaintiff’s appeal from the initial agency decision, the trial court remanded the case to the FOIC for an in camera inspection of the records pursuant to this court’s decision in Board of Education v. Freedom of Information Commission, supra, and for consideration of additional evidence. In considering whether a trial court’s remand order is an appealable final judgment, we have stated that “[a] judgment by a trial court ordering further administrative proceedings” does not terminate “a separate and distinct proceeding.” (Internal quotation marks omitted.) Schieffelin & Co. v. Department of Liquor Control, 202 Conn. 405, 409-10, 521 A.2d 566 (1987) (remand by trial court ordering agency to undertake evidentiary inquiry into matter not addressed in previous agency decision was not appealable final judgment); see also Eastern Connecticut Cable Television, Inc. v. Department of Public Utility Control, 214 Conn. 609, 614, 573 A.2d 311 (1990) (“there is no final judgment if the administrative record is incomplete because a remand requires further evidentiary determinations that are not merely ministerial”).
In the present case, the remand was ordered in a ruling on a motion in limine and, thus, the trial court made no determination of the merits of the appeal. The trial court ordered the FOIC to review evidence that had been submitted at the December 8,1988 hearing as well as to consider any new evidence that the parties might
“Appeals to courts from administrative agencies exist only under statutory authority. Charles Holdings, Ltd. v. Planning & Zoning Board of Appeals, 208 Conn. 476, 479, 544 A.2d 633 (1988); Tazza v. Planning & Zoning Commission, 164 Conn. 187, 190, 319 A.2d 393 (1972). ‘ “A statutory right to appeal may be taken advantage of only by strict compliance with the statutory provisions by which it is created.” ’ Chestnut Realty, Inc. v. Commission on Human Rights & Opportunities, 201
The judgment is affirmed.
In this opinion the other justices concurred.
The Hartford Courant, through one of its reporters, Elizabeth Willen, filed a complaint with the FOIC on October 24,1988. The New Britain Herald, through its executive editor, Henry Keezing, filed a similar complaint with the FOIC on November 2, 1988.
In Board, of Education v. Freedom of Information Commission, 210 Conn. 590, 596-97, 556 A.2d 592 (1989), this court rejected the FOIC’s blanket
General Statutes § 4-183 provides in pertinent part: “appeal to superior court. . . .
“(c) Within forty-five days after mailing of the final decision under
Two other defendants, The Hartford Courant and Elizabeth Willen, joined in the arguments presented by the FOIC in its brief on appeal.
Prior to the 1988 revisions to the UAPA, the time periods for appealing an agency decision to the Superior Court were set forth in General Statutes (Rev. to 1987) § 4-183 (b). That section provides: “Proceedings for such appeal shall be instituted by filing a petition in superior court for the judicial district of Hartford-New Britain or for the judicial district wherein the aggrieved person resides or if such person is not a resident of this state to the court for the judicial district of Hartford-New Britain within forty-five days after mailing of the notice of the final decision of the agency or, if a rehearing is requested, within forty-five days after mailing of the notice of the decision thereon. Copies of the petition shall be served upon the agency and all parties of record within thirty days after mailing of such notice or, if a rehearing is requested, within thirty days after mailing of the notice of the decision thereon, except that service upon an agency may be made by the appellant mailing a copy of the petition by registered or certified mail, postage prepaid, without the use of a sheriff or other officer, to the office of the commissioner of the agency or to the office of the attorney general in Hartford.”
General Statutes § 4-185 provides in relevant part: “(a) This chapter applies to all agency proceedings commenced on or after July 1,1989. Each agency proceeding commenced before July 1,1989, is governed by the law in effect when the proceeding was commenced.”
We do not decide whether a trial court’s remand that ordered an administrative agency to conduct a hearing ab initio would commence new “proceedings” within the meaning of General Statutes § 4-185. But see Harrison v. Commissioner, 204 Conn. 672, 673 n.1, 529 A.2d 188 (1987) (trial court’s remand order to defendant commissioner of department of income maintenance for “new full hearing” on plaintiff’s application for Medicaid was appealable final judgment).