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Administrative Law Supreme Court Opinion

by Berardino, Emily

 

SC21039- Modzelewski's Towing & Storage v. Commissioner of Motor Vehicles "In this certified appeal, we consider whether the Appellate Court correctly concluded that § 14-63-36c (c) of the Regulations of Connecticut State Agencies prohibited the plaintiffs, Modzelewski's Towing & Storage, Inc. (MTS), and Modzelewski's Towing & Recovery, Inc., from charging additional fees based on their costs associated with the use of special equipment that was needed to conduct certain "exceptional services" in connection with the nonconsensual towing of a tractor trailer. We conclude that the Appellate Court incorrectly determined that the fees for exceptional services must be based on an hourly charge for labor. See Modzelewski's Towing & Storage, Inc. v. Commissioner of Motor Vehicles, 225 Conn. App. 386, 401, 405–406, 316 A.3d 780 (2024). Instead, the regulatory reference in § 14-63-36c (c) to the itemization of "additional fees . . . in accordance with the hourly charge for labor posted by the licensed towing service" is more reasonably construed as a posting requirement. As a result, we also conclude that the plaintiffs may, pursuant to § 14-63-36c (c), charge additional fees for exceptional services that are based on the cost of the special equipment needed to provide the exceptional services. Accordingly, we reverse in part the judgment of the Appellate Court and remand the case for further proceedings."