“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 11 Adjudicatory Proceedings; additional requirements
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)
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!