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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Bittle v. Commissioner of Social Services, 249 Conn. 503 (1999)

Citation
Bittle v. Commissioner of Social Services, 249 Conn. 503 (1999)
Parent Document
Bittle v. Commissioner of Social Services, 249 Conn. 503 (1999)
Jurisdiction
Connecticut (state)
Effective Date
1999-07-20

Other Sections in This Document (52)

Full Text

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Methods of effecting service of appeal papers on agencies are set forth in § 4-183 (c), which provides in relevant part: “Service of the appeal shall be made by (1) United States mail, certified or registered, postage prepaid, return receipt requested, without the use of a sheriff or other officer, or (2) personal service by a proper officer or indifferent person making service in the same manner as complaints are served in ordinary civil actions.” (Emphasis added.) Prior to 1988, service of appeal papers could “be made by the appellant mailing a copy of the petition ... to the office of the commissioner of the agency or to the office of the attorney general in Hartford” pursuant to General Statutes (Rev. to 1987) § 4-183 (b).2 (Emphasis added.) The apparent linguistic differences between the current and the previous statutes are the results of the amendments *509made to the UAPA by No. 88-317, § 23, of the 1988 Public Acts (P.A. 88-317). Although the current language of § 4-183 (c) provides that “[s]ervice of the appeal shall be made by . . . United States mail,” instead of “service upon an agency may be made by . . . mailing,” as was provided by General Statutes (Rev. to 1987) § 4-183 (b), the legislative history of P.A. 88-317 does not indicate that the linguistic changes in the statute were meant to incorporate material and consequential changes in the application of the previous revision of the statute. The operative language in General Statutes (Rev. to 1987) § 4-183 (b) that is material for the purposes of resolving the issue in this appeal is the phrase “made by . . . mailing . . . .” A plain reading of that phrase conveys that service is completed when the appeal is mailed.3 The history of the statutory development of § 4-183 (c) also supports the conclusion that such an interpretation of the phrase “made by . . . United States mail,” as it appears in § 4-183 (c), furthers the legislature’s intent in providing a simple and efficient method of effectuating service of appeal papers by mail.