(a) Such appeals are heard by the court upon the certified copy of the record filed by the board. The court does not retry the facts or hear evidence. It considers no evidence other than that certified to it by the board, and then for the limited purpose of determining whether the finding should be corrected, or whether there was any evidence to support in law the conclusions reached. It cannot review the conclusions of the board when these depend upon the weight of the evidence and the credibility of witnesses. In addition to rendering judgment on the appeal, the court may order the board to remand the case to a referee for any further proceedings deemed necessary by the court. The court may remand the case to the board for proceedings de novo, or for further proceedings on the record, or for such limited purposes as the court may prescribe. The court may retain jurisdiction by ordering a return to the court of the proceedings conducted in accordance with the order of the court, or may order final disposition. A party aggrieved by a final disposition made in compliance with an order of the Superior Court may, by the filing of an appropriate motion, request the court to review the disposition of the case.
Section 22-9.Function of the Court
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceThis section limits the Superior Court's review of a Board of Review appeal to the certified record, barring the court from retrying facts or reweighing evidence and letting it correct the finding only in narrow, specified circumstances.
Full Text of Section 22-9
(b) Corrections by the court of the board’s finding will only be made upon the refusal to find a material fact which was an admitted or undisputed fact, upon the finding of a fact in language of doubtful meaning so that its real significance may not clearly appear, or upon the finding of a material fact without evidence.
Amendment History
(P.B. 1978-1997, Sec. 519.) Sec. [Repealed] Cases [Repealed] Cases [Repealed] Process Track Cases [Repealed] [Repealed] ment tion Cases For previous Histories and Commentarie corresponding to the years o
Plain-English Summary
Section 22-9 defines how narrowly the Superior Court reviews an employment security appeal. The court hears the appeal on the certified copy of the record filed by the board and does not retry the facts or hear evidence. It considers no evidence beyond what the board certified, and only for the limited purpose of deciding whether the finding should be corrected or whether any evidence supports the board's conclusions as a matter of law. The court cannot revisit the board's conclusions where those conclusions depend on weighing evidence or judging witness credibility. Beyond ruling on the appeal, the court may order the board to remand the case to a referee for further proceedings, remand for proceedings de novo or further proceedings on the record, or direct such limited further proceedings as the court prescribes. The court may keep jurisdiction by requiring the proceedings to come back to it, or it may order final disposition; a party aggrieved by a final disposition made under a court order may move the court to review that disposition.
Subsection (b) narrows the grounds for correcting the board's finding to three situations: the board refused to find a fact that was admitted or undisputed, the board found a fact in language so doubtful in meaning that its real significance is unclear, or the board found a material fact without any evidence to support it.
Frequently Asked Questions
Can the Superior Court hear new evidence on an employment security appeal?
No. The court considers no evidence beyond the certified record filed by the board and does not retry the facts.
Can the court overturn the board because it disagrees with how the board weighed the evidence?
No. The court cannot review the board's conclusions when they depend on the weight of the evidence or the credibility of witnesses.
On what grounds can the court correct the board's finding?
Only where the board refused to find an admitted or undisputed material fact, found a fact in language too doubtful to show its real meaning, or found a material fact without any supporting evidence.
Can the court send the case back to the board?
Yes. The court may order the board to remand to a referee for further proceedings, remand for proceedings de novo or further proceedings on the record, or direct such limited further proceedings as it prescribes, and it may retain jurisdiction over the case or order final disposition.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 22-9). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: court scope of review unemployment appealSuperior Court review board of review decisionemployment security appeal standard of review CTcorrecting board finding groundsno new evidence unemployment appeal court