OLR Bill Analysis

sSB 817 (File 86, as amended by Senate “A”)*

AN ACT CONCERNING THE RIGHT TO A HEARING IN THE RENTAL ASSISTANCE PROGRAM, TRANSITIONARY RENTAL ASSISTANCE PROGRAM AND SECTION 8 VOUCHER PROGRAM.

SUMMARY:

This bill gives individuals in the rental assistance (RAP) and transitionary rental assistance (T-RAP) programs aggrieved by decisions of the Department of Social Services (DSS) commissioner or his designated agent, the right to a hearing in accordance with the Uniform Administrative Procedure Act (UAPA). The bill would allow these individuals to appeal final decisions to Superior Court.

Currently, these individuals may request an informal hearing and a subsequent desk review to appeal DSS decisions on program eligibility. Because DSS is not statutorily required to hold hearings on eligibility for these programs, individuals cannot appeal final decisions.

*Senate Amendment “A” removes a provision in the original bill that would have granted these hearing and appeal rights to individuals in the DSS-administered portion of the federal Section 8 housing program.

EFFECTIVE DATE: October 1, 2009

UAPA HEARING PROCESS

Judicial Review

Under the bill, an individual whose assistance is denied, modified, or terminated may request a department hearing in accordance with UAPA and, if still not satisfied, can appeal to Superior Court. Under UAPA, final agency decisions in “contested cases” can be appealed to Superior Court within 45 days of the issuance of the final decision. UAPA generally defines “contested cases” as those where a statute requires an agency to determine a party's legal rights, duties, or privileges after a hearing (CGS § 4-166).

The court cannot substitute its judgment as to the weight of the evidence presented in the case. It can only overturn an agency's decision under limited circumstances. These include situations where (1) a statute or constitutional law was violated; (2) an agency acted without statutory authority; (3) the agency erred in considering the evidence; (4) the agency's procedures were unlawful; or (5) the agency was arbitrary, capricious, or abused its discretion.

BACKGROUND

Appeals Process for the RAP and T-RAP Programs

DSS regulations establish an appeals process under the RAP and T-RAP programs. When an individual's assistance is denied, modified or terminated, DSS must send written notice. An individual may request an informal conference with DSS or its agent within seven days of receiving the written notice. DSS or its agent must designate someone to conduct the hearing within 30 days of the request, but the designee cannot be a person, or subordinate of a person, directly involved in making the decision. An individual may bring evidence, witnesses, and legal or other representation to the conference at his or her own expense. He or she may also review any documents or information about the case before the conference. DSS or its agent must send the individual a written report of its findings within 30 days of the conference.

If the decision remains unchanged, the individual may request a DSS desk review. DSS reviews all information considered at the informal conference and any additional evidence the individual submits. Upon completing the desk review, DSS sends a written report of the findings to the individual (Conn. Agencies Reg. , § 17b-811a-8, § 17b-812-12).

COMMITTEE ACTION

Human Services Committee

Joint Favorable Substitute

Judiciary Committee

Joint Favorable

Planning and Development Committee

Joint Favorable