Electro-Methods, Inc. v. Chro, No. Cv 97 056 71 91 (May 14, 1997)
Opinion of the Court
The facts essential to the court's decision are not in dispute. In August 1994, defendant Mayette filed a complaint with the commission alleging that the plaintiff unlawfully discriminated against him in the terms of his employment by firing him because of his mental disability. There is a dispute as to the date when Mayette filed his complaint, but the parties agree that the date of his termination was February 25, 1994.
After receiving the complaint, the plaintiff filed a request for a declaratory ruling from the commission to the effect that the commission lacked jurisdiction over the complaint because Mayette filed it beyond the one hundred eighty day period prescribed by §
Meanwhile, the commission proceeded to handle Mayette's complaint. It appointed an investigator, who conducted an investigation in accordance with §
The decision which is the subject of this appeal was made by the commission's investigator and is contained in the written determination of reasonable cause. It is that Mayette filed his complaint on or before August 17, 1994, thereby coming within the statutory deadline. Accordingly, the investigator concluded, the commission had jurisdiction over the complaint. CT Page 5339
The bases of the motions to dismiss are that the investigator's decision was not a final decision appealable under §
"Where there is in place a mechanism for adequate judicial review, such as that contained in §
The rule stated in Cannata is based on the doctrine of exhaustion of remedies and clearly applies in this case. The plaintiff here seeks to avoid the rule by claiming, in its brief opposing the motions to dismiss, that its appeal is brought pursuant to subsection (b) of §
(b) A person may appeal a preliminary, procedural or intermediate agency action or ruling to the superior court if (1) it appears likely that the person will otherwise qualify under this chapter to appeal from the final agency action or ruling and (2) postponement of the appeal would result in an inadequate remedy.
Assuming that the plaintiff would be aggrieved by an adverse final decision of the hearing officer appointed by the commission, it would be qualified to appeal such a decision under subsection (a) of §
"Appeals to courts from administrative agencies exist only under statutory authority . . . . A statutory right to appeal may be taken advantage of only by strict compliance with the statutory provisions by which it is created . . . . Such provisions are mandatory, and, if not complied with, the appeal is subject to dismissal." Citizens Against Pollution Northwest,Inc. v. Connecticut Siting Council,
Subsection (b) of §
In this case, the plaintiff's attack on the disputed ruling of the commission's investigator would normally be included in an appeal of the hearing officer's final decision, if that were adverse to the plaintiff, under subsection (a) of §
In this case, the plaintiff has advanced no convincing argument that postponement of its appeal until the administrative proceeding has run its course would result in an inadequate remedy. The plaintiff merely argues that the investigator's ruling was erroneous. But that circumstance alone does not justify invoking §
On the other hand, if the hearing officer's final decision is acceptable to the plaintiff, it will presumably not appeal the decision, even if it continues to believe that the jurisdictional ruling was incorrect. In that event, as this court observed inOCC v. DPUC, supra, the judicial system will be relieved of the task of deciding an academic question. On that point, in affirming the rule requiring the exhaustion of administrative remedies, our Supreme Court has observed "(m)ost important, a CT Page 5341 favorable outcome will render review by the court unnecessary . . . (a) complaining party may be successful in vindicating his rights in the administrative process. If he is required to pursue his administrative remedies, the courts may never have to intervene." (Emphasis added). Pet v. Dept. ofHealth Services, Supra, 350-352.
Finally, the court notes that the investigator's determination that Mayette's complaint was timely filed is not even the final agency determination on that subject. As the defendants point out in their motions, the plaintiff may still be able to persuade the hearing officer that the commission should decline jurisdiction over the complaint because the time for filing it had expired. This circumstance simply underscores the abundance of administrative remedies available to the plaintiff and the necessity for utilizing them before resorting to the courts.
For all of the reasons set forth above, the court concludes that the plaintiff has not shown that postponement of its appeal until the commission's hearing officer has rendered a final decision on Mayette's complaint will result in an inadequate remedy, within the meaning of §
The appeal is dismissed.
MALONEY, J.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.