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****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** SANDRA SALMON v. DEPARTMENT OF PUBLIC HEALTH AND ADDICTION SERVICES (AC 18253)
O'Connell, C. J., and Foti and Schaller, Js.1 Syllabus The plaintiff registered nurse's aide appealed to the trial court from a decision by the defendant department of public health and addiction services determining that she had abused a nursing home patient by using vulgar and inappropriate language, and ordering that a finding of resident abuse be listed in the Connecticut Nurse Aide Registry. The trial court rendered judgment sustaining the plaintiff's appeal in part and remanded the case to the department for further fact-finding, from which the plaintiff appealed and the defendant cross appealed to this court. Held: 1. The trial court properly concluded that the department had jurisdiction over the complaint against the plaintiff; the statement of charges against the plaintiff expressly stated that the department was acting pursuant to state statutes, and although the department also cited to a federal law, that reference did not destroy the jurisdiction of the department over the case. 2. The plaintiff could not prevail on her claim that the department's failure to promulgate regulations defining abuse by nurse's aides resulted in ad hoc decision making that violated her state and federal constitutional rights to due process or that the department's reliance on three of its unpublished decisions in finding that verbal abuse constituted resident abuse was invalid rule making; the record revealed that the board strictly adhered to the requirements of the statute (

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Connecticut Law