State Codes and Statutes

Statutes > Connecticut > Title4 > Chap053 > Sec4-164

      Sec. 4-164. Appeal from forfeiture. (a) Any claimant aggrieved by an order of forfeiture of the Claims Commissioner made pursuant to subsection (a) of section 4-163 may appeal such order to the superior court for the judicial district in which he resides or, if he is not a resident of this state, to the superior court for the judicial district of New Britain.

      (b) The action of the Claims Commissioner in approving or rejecting payment of any claim or part thereof shall be final and conclusive on all questions of law and fact and shall not be subject to review except by the General Assembly.

      (1959, P.A. 685, S. 22; 1961, P.A. 476, S. 9; P.A. 75-605, S. 19, 27; P.A. 76-436, S. 250, 681; P.A. 78-280, S. 1, 2, 5, 127; P.A. 82-167, S. 6, 7; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 99-215, S. 24, 29.)

      History: 1961 act restated and clarified Subsec. (b); P.A. 75-605 replaced commission with claims commissioner; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 78-280 deleted the words "county or" in the phrase "county or judicial district" and replaced "Hartford county" with "the judicial district of Hartford-New Britain"; P.A. 82-167 amended Subsec. (b) to provide that only review is by the general assembly; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 99-215 replaced "judicial district of Hartford" with "judicial district of New Britain" in Subsec. (a), effective June 29, 1999.

      Cited. 186 C. 300. Cited. 195 C. 534. Public act 82-167, section 6 of which amended this section, "should be read as clarification of the superior court's ongoing lack of jurisdiction to hear appeals from the claims commissioner". 195 C. 534. Cited. 204 C. 259.

      Cited. 44 CS 297.

      Subsec. (b):

      Not repealed by chapter 54 or Sec. 4-189; does not bar appeal from decision of claims commission in violation of constitutional or statutory provisions, in excess of statutory authority or made upon unlawful procedure, and such appeals are governed by chapter 54. 172 C. 603. Cited. 211 C. 199.

State Codes and Statutes

Statutes > Connecticut > Title4 > Chap053 > Sec4-164

      Sec. 4-164. Appeal from forfeiture. (a) Any claimant aggrieved by an order of forfeiture of the Claims Commissioner made pursuant to subsection (a) of section 4-163 may appeal such order to the superior court for the judicial district in which he resides or, if he is not a resident of this state, to the superior court for the judicial district of New Britain.

      (b) The action of the Claims Commissioner in approving or rejecting payment of any claim or part thereof shall be final and conclusive on all questions of law and fact and shall not be subject to review except by the General Assembly.

      (1959, P.A. 685, S. 22; 1961, P.A. 476, S. 9; P.A. 75-605, S. 19, 27; P.A. 76-436, S. 250, 681; P.A. 78-280, S. 1, 2, 5, 127; P.A. 82-167, S. 6, 7; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 99-215, S. 24, 29.)

      History: 1961 act restated and clarified Subsec. (b); P.A. 75-605 replaced commission with claims commissioner; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 78-280 deleted the words "county or" in the phrase "county or judicial district" and replaced "Hartford county" with "the judicial district of Hartford-New Britain"; P.A. 82-167 amended Subsec. (b) to provide that only review is by the general assembly; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 99-215 replaced "judicial district of Hartford" with "judicial district of New Britain" in Subsec. (a), effective June 29, 1999.

      Cited. 186 C. 300. Cited. 195 C. 534. Public act 82-167, section 6 of which amended this section, "should be read as clarification of the superior court's ongoing lack of jurisdiction to hear appeals from the claims commissioner". 195 C. 534. Cited. 204 C. 259.

      Cited. 44 CS 297.

      Subsec. (b):

      Not repealed by chapter 54 or Sec. 4-189; does not bar appeal from decision of claims commission in violation of constitutional or statutory provisions, in excess of statutory authority or made upon unlawful procedure, and such appeals are governed by chapter 54. 172 C. 603. Cited. 211 C. 199.


State Codes and Statutes

State Codes and Statutes

Statutes > Connecticut > Title4 > Chap053 > Sec4-164

      Sec. 4-164. Appeal from forfeiture. (a) Any claimant aggrieved by an order of forfeiture of the Claims Commissioner made pursuant to subsection (a) of section 4-163 may appeal such order to the superior court for the judicial district in which he resides or, if he is not a resident of this state, to the superior court for the judicial district of New Britain.

      (b) The action of the Claims Commissioner in approving or rejecting payment of any claim or part thereof shall be final and conclusive on all questions of law and fact and shall not be subject to review except by the General Assembly.

      (1959, P.A. 685, S. 22; 1961, P.A. 476, S. 9; P.A. 75-605, S. 19, 27; P.A. 76-436, S. 250, 681; P.A. 78-280, S. 1, 2, 5, 127; P.A. 82-167, S. 6, 7; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 99-215, S. 24, 29.)

      History: 1961 act restated and clarified Subsec. (b); P.A. 75-605 replaced commission with claims commissioner; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 78-280 deleted the words "county or" in the phrase "county or judicial district" and replaced "Hartford county" with "the judicial district of Hartford-New Britain"; P.A. 82-167 amended Subsec. (b) to provide that only review is by the general assembly; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 99-215 replaced "judicial district of Hartford" with "judicial district of New Britain" in Subsec. (a), effective June 29, 1999.

      Cited. 186 C. 300. Cited. 195 C. 534. Public act 82-167, section 6 of which amended this section, "should be read as clarification of the superior court's ongoing lack of jurisdiction to hear appeals from the claims commissioner". 195 C. 534. Cited. 204 C. 259.

      Cited. 44 CS 297.

      Subsec. (b):

      Not repealed by chapter 54 or Sec. 4-189; does not bar appeal from decision of claims commission in violation of constitutional or statutory provisions, in excess of statutory authority or made upon unlawful procedure, and such appeals are governed by chapter 54. 172 C. 603. Cited. 211 C. 199.