DocketNumber: No. 519378
Citation Numbers: 1993 Conn. Super. Ct. 2257
Judges: MALONEY, J. CT Page 2258
Filed Date: 3/3/1993
Status: Non-Precedential
Modified Date: 4/17/2021
(2) "Contested case" means a proceeding . . . in which the legal rights, duties or privileges of a party are required by statute to be determined by an agency after an opportunity for hearing or in which a hearing is in fact held. . . .
In this case, both parties agree that the defendant Commission was required by statute to determine the plaintiff's pension benefits. See Herman v. Division of Special Revenue,
The court has previously held that General Statutes
As indicated in Duffy, supra, this court also interprets
(1) in which the legal rights, duties or privileges of a party are required by statute to be determined by an agency; and
(2) after an opportunity for a hearing;
"or
in which a hearing is in fact held." CT Page 2259
(Emphasis added.)
In this case, the agency was required by statute to determine the plaintiff's pension rights and a "hearing (was) in fact held" on the issue. The case would be a "contested case," therefore, even if the agency was not required by statute to hold the hearing because the hearing was in fact held. To interpret the statute otherwise would be to deprive the word "or" and the clause it introduces of any meaning. This would, of course, violate the most elementary rule of statutory construction. "There is a presumption of purpose behind every . . . clause or phrase in a legislative enactment so that in construing it no part is treated as insignificant and unnecessary." Zichichi v. Middlesex Memorial Hospital,
The motion to dismiss is denied.
Maloney, J.