497 A.2d 48
(12541)Supreme Court of Connecticut
PETERS, C.J., SHEA, SANTANIELLO, DANNEHY and CALLAHAN, Js.
The plaintiff, proceeding pro se, appealed to the Superior Court from the decision of the defendant department of public utility control rejecting his challenge to his electric bill. The trial court dismissed the appeal from which the plaintiff, who was then represented by counsel, appealed to the Appellate Court. On transfer of that appeal to this court, held: 1. Because the plaintiff failed to comply with the statutory (4-183) requirements for service of process in administrative appeals, and because a court cannot, even where a proceeding has been instituted by a pro se litigant, disregard such jurisdictional requirements, the trial court did not err in dismissing the plaintiff’s appeal. 2. The plaintiff presented no evidence to support his claim that the trial court clerk had informed him that the service he made was proper.
Argued May 8, 1985
Decision released September 3, 1985
Appeal from a decision of the defendant ruling against the plaintiff in a dispute over an allegedly incorrect electric bill, brought to the Superior Court in the judicial district of New Haven, where the court, Hadden, J., granted the defendant’s motion to dismiss, and appeal by the plaintiff. No error.
Otto P. Witt, for the appellant (plaintiff).
Phyllis E. Lemell, assistant attorney general, with whom was Robert S. Golden, assistant attorney general, and, on the brief, Joseph I. Lieberman, attorney general, for the appellee (defendant).
SANTANIELLO, J.
This appeal concerns a disputed electric bill and a protested change in the plaintiff’s rate classification by the United Illuminating Company (hereinafter UI).
The record discloses that on October 26, 1981, the plaintiff requested a hearing before the department of
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public utility control (hereinafter DPUC) to protest a change in his electric rate and bill. UI was designated a party to the proceedings by the DPUC. A hearing was held in May, 1983, and a decision was issued by the DPUC on September 27, 1983. The DPUC concluded that the plaintiff had been properly billed and owed a balance of $700. On October 4, 1983, the plaintiff filed a motion for reconsideration which was denied by the DPUC. The plaintiff filed an appeal from the decision of the DPUC to the Superior Court for the judicial district of New Haven, pursuant to General Statutes 4-183 (b) of the Uniform Administrative Procedure Act. The plaintiff signed the petition pro se and noted on the bottom of the last page that service on both the DPUC and the UI was made by certified mail. On February 22, 1984, the clerk of the Superior Court acknowledged receipt of the petition by means of a file stamp. There was no writ of summons directing service accompanying the petition, nor was the petition in the form for appeals from decisions of the DPUC.
The DPUC filed a motion to dismiss the action for failure of the plaintiff to make proper service on UI, and for failure to include a citation for service in the body of the petition. On April 10, 1984, counsel entered an appearance for the plaintiff who, until that point in the proceedings, had appeared pro se. The trial court, Hadden, J., dismissed the appeal for failure to include a proper citation and failure to serve a party of record. On June 15, 1984, the plaintiff appealed the trial court’s decision to the Appellate Court. We then transferred the case to this court pursuant to Practice Book 3004A.
The plaintiff raises two issues on appeal: (1) whether substantial compliance with the procedural rules by a pro se litigant vests jurisdiction in the Superior Court to determine the issues raised by an administrative
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appeal; and (2) whether the implied approval of the petition by the clerk of the court bars a dismissal of the appeal for defects in form. We find no error.
The plaintiff claims that he complied substantially with the procedures for filing an appeal of an administrative decision and that consequently the court had jurisdiction to hear the matter. He claims that in filing the petition he sought the assistance of the clerk of the court, followed his instructions, and, based upon such reliance, caused the appeal to be served on both UI and the DPUC by certified mail. He argues that he made a good faith effort to comply with the procedural rules and since he was appearing pro se, the court should fashion a rule that allows a pro se litigant some measure of protection from untimely dismissal of actions.
“Appeals to courts from administrative agencies exist only under statutory authority. Tazza v. Planning
Zoning Commission, 164 Conn. 187, 190, 319 A.2d 393
[1972]; East Side Civic Assn. v. Planning Zoning Commission, 161 Conn. 558, 560, 290 A.2d 348 [1971]. A statutory right to appeal may be taken advantage of only by strict compliance with the statutory provisions by which it is created. In re Nunez, 165 Conn. 435, 441, 334 A.2d 898 [1973]; Chanosky v. City Building Supply Co., 152 Conn. 449, 451, 208 A.2d 337
[1965]; 4 Am.Jur.2d, Appeal and Error, 4. . . . Such provisions are mandatory, and, if not complied with, render the appeal subject to abatement. Daley v. Board of Police Commissioners, 133 Conn. 716, 719, 54 A.2d 501 [1947].” Royce v. Freedom of Information Commission, 177 Conn. 584, 587, 418 A.2d 939 (1979), quoting Norwich Land Co. v. Public Utilities Commission, 170 Conn. 1, 6, 363 A.2d 1386 (1975).
The statutory authority for appeals from DPUC decisions rests in the provisions of General Statutes
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16-35[1] and 4J33[2] Section 4-183 (b)which sets out the requirement for service, directs that all parties shall be “served” with copies of the petition except that service upon the agency may be accomplished by mailing a copy of the petition registered or certified mail, postage prepaid, to the office of the commissioner of the agency or to the office of the attorney general in Hartford. All other process shall be directed to a “sheriff, his deputy, a constable or other proper officer authorized by statute, or . . . to an indifferent person.” General Statutes 52-50.[3] It is conceded that the only
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service in this matter was made on UI and the DPUC by certified mail.
The appeal provisions of the statute are jurisdictional in nature, and, if not complied with, render the appeal petition subject to dismissal. Norwich Land Co. v. Public Utilities Commission, supra. There are no special rules authorizing a lesser standard of compliance for pro se parties. Any litigant may choose to proceed without representation, but all are bound by the same standards. While a trial court can exhibit some degree of leniency towards a pro se plaintiff, the court cannot disregard established and mandatory requirements which circumscribe jurisdiction in the first instance. See generally Hartford National Bank Trust Co. v. DiFazio, 177 Conn. 34, 39 n. 2, 411 A.2d 8 (1979). We therefore find no error in the trial court’s dismissal of the action for lack of jurisdiction.
The plaintiff raises the additional claim that he sought the assistance of the clerk of the Superior Court and followed the instructions of the clerk with respect to service. He claims that the clerk reviewed the petition and should have noticed that it did not provide for a citation and that it indicated that service on both UI and the DPUC had been made by certified mail. He further claims that the clerk then signed the petition. In effect, his claim is that the clerk impliedly approved the form of the writ of summons. The plaintiff relies on Practice Book 49[4] which reads in pertinent part:
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“If any person is proceeding without the assistance of counsel, he shall sign the complaint and present the complaint and proposed writ of summons to the clerk; the clerk shall review the proposed writ of summons and, unless it is defective as to form or does not contain a bond for prosecution pursuant to Sec. 51, shall sign it.”
Although the plaintiff argues that the clerk informed him that service by certified mail was proper, he has presented no evidence to support this claim. The record is barren of any evidence implicating the clerk’s office in the plaintiff’s shortcomings.
A review of the court file reflects that there was no writ of summons attached to the petition for the clerk to review. The clerk merely stamped the petition as filed on February 22, 1984.[5] There was no clerk’s signature anywhere on the three page petition.
The clerk’s limited responsibilities under 49 are to review the proposed writ of summons as to form and to check for an appropriate bond for prosecution. If both
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are in order, he then shall sign the document. Since there was no writ of summons attached, the clerk did not sign the proffered document but merely stamped it as filed.
There is no error.
In this opinion the other judges concurred.