Sec. 4-175. Declaratory judgment action to determine validity of a regulation or applicability of a statute, regulation or final decision.
274 words·~1 min read·
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(a)If a provision of the general statutes, a regulation or a final decision, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff and if an agency
(1)does not take an action required by subdivision (1),
(2)or
(3)of subsection
(e)of section 4-176 , within sixty days of the filing of a petition for a declaratory ruling,
(2)decides not to issue a declaratory ruling under subdivision
(4)or
(5)of subsection
(e)of said section 4-176 , or
(3)is deemed to have decided not to issue a declaratory ruling under subsection
(i)of said section 4-176 , the petitioner may seek in the Superior Court a declaratory judgment as to the validity of the regulation in question or the applicability of the provision of the general statutes, the regulation or the final decision in question to specified circumstances. The agency shall be made a party to the action.
(b)When the action for declaratory judgment concerns the applicability or validity of a regulation, the agency shall, within thirty days after service of the complaint, transmit to the court the original or a certified copy of the regulation-making record relating to the regulation. The court may order the agency to transcribe any portion of the regulation-making record that has not been transcribed and transmit to the court the original or a certified copy of the transcription. By stipulation of all parties, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs.