2005 Connecticut Code - Sec. 4-167. Organization description to be adopted. Rules of practice. Public inspection.

      Sec. 4-167. Organization description to be adopted. Rules of practice. Public inspection. (a) In addition to other regulation-making requirements imposed by law, each agency shall: (1) Adopt as a regulation a description of its organization, stating the general course and method of its operations and the methods whereby the public may obtain information or make submissions or requests; (2) adopt as a regulation rules of practice setting forth the nature and requirements of all formal and informal procedures available provided such rules shall be in conformance with the provisions of this chapter; and (3) make available for public inspection all regulations and all other written statements of policy or interpretations formulated, adopted or used by the agency in the discharge of its functions, and all forms and instructions used by the agency.

      (b) No agency regulation is enforceable against any person or party, nor may it be invoked by the agency for any purpose, until (1) it has been made available for public inspection as provided in this section and (2) the regulation or a notice of the adoption of the regulation has been published in the Connecticut Law Journal pursuant to section 4-173. This provision is not applicable in favor of any person or party who has actual notice or knowledge thereof. The burden of proving the notice or knowledge is on the agency. The provisions of subdivision (2) of this subsection shall not apply to regulations adopted under subsection (f) of section 4-168.

      (1971, P.A. 854, S. 2; P.A. 73-620, S. 4, 19; P.A. 76-297, S. 1; P.A. 88-317, S. 2, 107.)

      History: P.A. 73-620 made technical changes; P.A. 76-297 required that rules of practice conform to provisions of chapter; P.A. 88-317 repealed former Subdiv. (4) of Subsec. (a), which required final orders, decisions and opinions to be made available for public inspection, and amended Subsec. (b) to provide that no regulation, except an emergency regulation, is enforceable unless regulation or notice published in law journal and to place burden of proving notice on agency, effective July 1, 1989, and applicable to agency proceedings commenced on or after that date.

      Cited. 165 C. 448, 450, 453. Cited. 172 C. 263. Cited. 173 C. 462, 465. Cited. 183 C. 76, 83, 84. Cited. 184 C. 311, 314, 316. Cited. 186 C. 153, 156. Cited. 191 C. 173, 175. Cited. 239 C. 32.

      Cited. 1 CA 1, 2.

      Commission on hospitals and health care decision upheld although the commission failed to adopt rules of practice pursuant to section 4-167 because plaintiff failed to assert claim under section 4-174 at hearing. 32 CS 300. Cited. 40 CS 365, 372, 378.

      Subsec. (a):

      Subdiv. (1) cited. 201 C. 448, 456. Subdiv.(2): Section not violated by department regulation incorporating by reference uniform administrative procedure act rules of procedure. 207 C. 77-83, 86, 88.

      Cited. 9 CA 622, 624. Subdiv. (2) cited. Id., 622, 624, 625.

      Subsec. (b):

      Cited. 200 C. 489, 517.