DocketNumber: No. CV 94 070 52 29
Citation Numbers: 1995 Conn. Super. Ct. 11799
Judges: MALONEY, J.
Filed Date: 10/13/1995
Status: Non-Precedential
Modified Date: 4/17/2021
The plaintiffs advance a number of arguments in support of their appeals. The arguments and the facts relevant to each are discussed separately below.
I. Unlawful Procedure
The administrative proceedings in this case commenced as a result of letters written to the defendant department of consumer protection by two men who had been employed by plaintiff Carlin Contracting Co. at a job site in North Branford during 1991. They claimed that Carlin was employing unlicensed workmen to perform plumbing work at the site. Somehow, these letters came into the hands of Hubert J. Barnes, a member of the defendant plumbing and piping work examining board, which is under the jurisdiction of the department. Barnes then wrote to the department's division of licensing and requested an investigation.
After the investigation, the defendant board sent a statement CT Page 11800 of charges and notice of hearing to each plaintiff. The hearing was held on August 27, 1992, and September 24, 1992, before a panel of board members chaired by Robert Hilton. Board member Barnes was present at times during both days of the hearing, but was not designated or identified as a member of the panel hearing the case. During the times when Barnes attended the hearing, however, he was observed talking to members of the hearing panel.
As a basis for their appeals of the decisions of the board, the plaintiffs claim that Barnes and the members of the hearing panel discussed their case in violation of General Statutes §§
The court held an evidentiary hearing on the plaintiffs' claims of unauthorized communications. The plaintiffs presented three witnesses: Nelson Haeseler, an employee of Carlin Co.; Brian Holmes, an employee of a contractors' association; and John Lynch, an employee of the defendant department, who was one of the investigators in the case. Haeseler and Holmes testified that they observed Barnes conversing with panel members in the hearing room and during breaks outside the room. Both of those witnesses testified that they believed that Barnes and the panel members were referring to papers that were involved in the hearing. Neither witness heard any of those conversations, however. Lynch testified that he and another investigator went to the job site to investigate the allegations in the letters that Barnes had received. Lynch testified that he never discussed the complaints with Barnes, however.
There were no other witnesses. In particular, neither Barnes nor any member of the hearing panel was called as a witness.
Based on the limited evidence presented by the plaintiffs, the court finds that they have not proved any violation of §
II. Erroneous Interpretation of Law
The plaintiffs argue that the board adopted too expansive an interpretation of the term "installation" as it is used in General Statutes §
III. Constitutional and Statutory Violations
The plaintiffs claim that the board's interpretation of the term "installation" and the consequent broad definition of "plumbing and piping" work operate to confer private gain on union members in violation of Article
There is likewise no evidence that the appointment of Robert Hilton to the board and his role on the hearing panel in this case violated the provisions of General Statutes §
IV. Insufficient Evidence
The administrative hearing in this case consumed two days. Seven witnesses testified, and their testimony is set forth in more than two hundred pages of transcript. Much of the testimony consists of detailed recounting of the variety of work performed by the individual plaintiffs during the course of a complex construction job. The work involved the use of heavy equipment and material, construction of forms and molds, pouring of CT Page 11802 concrete, the exact placement of large pipes, some twenty feet in length, and other tasks. Some of the work at the job site was purely manual labor, some required technical know-how seemingly at the level of a trained engineer.
The basic issue confronting the board in considering the complaints against the plaintiffs was which, if any, of the variety of tasks they performed at the job site constituted "plumbing and piping work" within the meaning of General Statutes §
To resolve this issue, the board members had to arrive at factual findings on the basis of conflicting testimony and to some degree, perhaps, their own technical knowledge. Then they had to determine the meaning of the statutory definition, which required them to consider the arguments of the plaintiffs as well as their own interpretation of the statutory terms in question. Then they had to reach a conclusion in the case of each individual plaintiff as to whether what he did in performing specific tasks constituted plumbing and piping work within the meaning of the statute. Then they had to render separate final decisions, based on their findings and conclusions, as to each of the individual plaintiffs. It should be emphasized that the final decisions had to be individualized because all of the plaintiffs did not perform the same tasks at the job site.
The board did render separate final decisions pertaining to each individual plaintiff and to their employer, plaintiff Carlin Co. In each case, however, the board's decision was so brief that its rationale is virtually obscured. The complete findings of fact and conclusions of law in the case of plaintiff Joseph Fazekas, for example, are stated as follows:
On at least three occasions during said dates (April 4, 1991 to May 30, 1991), Respondent performed plumbing work by installing pipe on a job site at the Lake Gaillard Water Treatment Plant in North Branford, Connecticut.
General Statutes
A final decision, in a contested case shall be in writing or orally stated on the record and, if adverse to a party, shall include the agency's findings of fact and conclusions of law necessary to its decision. Findings of fact shall be based exclusively on evidence in the record and on matters noticed.
Section
The obligation to specify findings of fact and conclusions of law in an administrative decision has been held to have constitutional dimensions. In Lee v. Board of Education,
Although the Lee case involved the teacher tenure law rather than the administrative procedure act, which governs the board's CT Page 11804 decisions in these cases, the same underlying principles are present here. In these cases, the board imposed significant monetary fines, actions clearly depriving the plaintiffs of important property interests. The plaintiffs are entitled, therefore, to decisions that state clearly the findings of fact and conclusions of law relied upon by the board. Such a minimal requirement is also important for purposes of effective judicial review of the board's decisions, which is guaranteed by the administrative procedure act.
A basic principle of administrative law is that the scope of the court's review of an agency's decision is very limited. General Statutes §
If the court is to conduct a meaningful review of an agency's decision in order to determine if it is erroneous in view of the evidence "on the whole record" or if it is the result of an abuse of discretion, as required by
In the present case, as noted, the board was confronted with conflicting testimony about the different activities of five workmen during the course of a complicated construction project. It was also confronted with a statute requiring precise interpretation and application of its general, non-technical terms to a variety of complicated fact patterns. Presumably, the board members sifted through the testimony and other evidence and made detailed findings of fact in the case of each plaintiff. Presumably, also, the board members construed the statute and arrived at definitions of "installation" and "plumbing and piping work" and applied those legal conclusions to the facts that they found to have been proved. But what the board did not do was include those findings and conclusions in its decisions.
Noting again the Fazekas decision as an example, it is not sufficient to state merely that Fazekas "performed plumbing work by installing pipe" without saying what Fazekas did that constituted "installing". This is especially true under the circumstances of this case where Fazekas was apparently only one of a number of workmen helping on the pipe work. It is also not sufficient to state merely that the violations occurred "on at least three occasions" without specifying what he did on those occasions. This is especially true under the circumstances of this case where the board's decision was to fine Fazekas apparently on the basis of finding that he had committed multiple violations.
The same flaws affect the decisions made by the board in the cases of the other plaintiffs. There is simply not a sufficient statement of the findings of fact and conclusions of law to comply with the minimal requirements of §
The appeal of each plaintiff is sustained. Pursuant to General Statutes §
MALONEY, J. CT Page 11806