Friday, September 13, 2013

Considering an Appeal from an Administrative Agency Decision?

M.G.L.A. c. 30A, section 11(8) not only expressly requires that parties be notified in person or by mail of the agency’s final decision in an adjudicatory proceeding, but further expressly provides that “[p]arties to the proceeding shall be notified in person or by mail …of their rights to review or appeal the decision within the agency or before the courts as the case may be; and the time limits of their rights to review or appeal.”  Massachusetts Practice Series, Administrative Law and Practice, vol. 38, section 410 at page 720.

If you are considering an appeal of an administrative agency decision, our Trial Court Law Libraries have materials that can be helpful to you. Here are some materials to get you started. And remember, our Staff at our 17 Trial Court Law Libraries is always glad to assist patrons in looking for legal information. We are free and open to the public. Most of our materials can be borrowed by patrons who have our Trial Court Law Library cards.
Selected Statutes:
Massachusetts General Laws Annotated , Chapter 30A, State Administrative Procedure

Massachusetts General Laws, Chapter 30A, section 14 Judicial Review:

"Except so far as any provision of law expressly precludes judicial review, any person or appointing authority aggrieved by a final decision of any agency in an adjudicatory proceeding, whether such decision is affirmative or negative in form, shall be entitled to a judicial review thereof, as follows:—

Where a statutory form of judicial review or appeal is provided such statutory form shall govern in all respects, except as to standards for review….

Where no statutory form of judicial review or appeal is provided, judicial review shall be obtained by means of a civil action, as follows:

Proceedings for judicial review of an agency decision shall be instituted in the superior court for the county (a) where the plaintiffs or any of them reside or have their principal place of business within the commonwealth, or (b) where the agency has its principal office, or (c) of Suffolk….”

Print Sources:
Massachusetts Practice Series, Administrative Law and Practice, vols. 38-40

Administrative Agency Advocacy Workshop (MCLE) (Book)

Administrative Agency Advocacy Workshop (MCLE) (Seminar on CDs)

A Practitioner's Guide to Chapter 30A Cases (Massachusetts Bar Institute)

 Massachusetts Motor Vehicle Offenses, (MCLE) section 1.5.3 (procedure for appeal of suspension or revocation of driver’s license)

Handbook of Civil Procedure in the Massachusetts District Court (4th Ed.) (procedure for statutory appeals directed  to  District Court: e.g., Chapter 21 Unemployment Compensation Appeals, Chapter 22 Motor Vehicle Insurance Policy Appeals)
Good Reading!