Administrative agencies regulate specific issues, like zoning, licensing, and employment. If you’ve received a negative decision from a Massachusetts administrative agency, you may be able to appeal this decision, and understanding the process can help you complete it more effectively while ensuring you meet legal deadlines.
Understand the Grounds for Your Appeal
The administrative appeal process provides a legal method to challenge final decisions made by a government agency. You can pursue it if you feel that you have grounds for an appeal. It is also called the 30A process, because the procedures are laid out in Chapter 30A of the Massachusetts General Laws. These laws also lay out legal grounds for overturning a decision.
Step 1: Filing a Complaint in Superior Court
If you feel you have a sufficient basis for an appeal, the first step in the typical agency appeal process — which varies depending on the agency and governing law — involves filing a complaint, which is a formal written request that the court overturn an agency decision, through the Massachusetts Court System.
As the person appealing (plaintiff), you must file a Complaint for Judicial Review and a Civil Action Cover Sheet with the clerk’s office of the Superior Court. This trial court hears appeals from administrative agency decisions. You will also pay fees such as filing and summons fees.
You can file the documents in person or by mail in any of the following courts:
- The Suffolk County Superior Court
- The court in the county where you or other plaintiffs live
- The court in the county where the agency has its main office
You have 30 days after receiving the notice of a final decision from the agency to file your complaint. Otherwise, you may lose the right to appeal.
Step 2: Serving the Complaint and Summons
After filing the complaint, you must also formally deliver official court documents to the agency, which is called “serving.” Serving the agency includes providing a copy of the complaint and an official summons form.
The summons form is an official document that notifies the agency about the appeal and requires it to respond. You have 90 days from the date of the official filing of the complaint to serve the complaint and provide proof of service to the court.
Step 3: Assembling the Administrative Record
After you file the complaint, the agency must assemble and file an administrative record that provides evidence the agency used to make its decision. The record may include:
- Pleadings filed by the parties involved in the agency proceedings
- Evidence the agency used to make its decision
- The agency’s final decision
- Transcript from the hearing (if requested)
The agency has 90 days from the date of receipt of the complaint to gather and submit these records. They will include a transcript from a hearing only if you request it. You have 30 days after serving the initial complaint to request and pay for a copy of the transcript.
Step 4: Filing and Serving a Motion for Judgment
After you have served the complaint and summons and the agency gathers administrative evidence, you will need to file a Motion for Judgment, which asks the court to decide the case based on the facts and the law. Keep in mind that the process for filing a motion differs from that for filing and serving a complaint.
You have 30 days from the date you receive the agency’s answer to serve this motion on the agency. The agency then has 30 days to respond. You are also responsible for putting together a “9A package” for the court, including:
- The motion
- The agency’s response (or a sworn statement that you didn’t receive a response)
- A list of all papers in the package
Along with the motion, you must file a Certificate of Notice of Filing that confirms that the other party has been notified about the filed motion.
Step 5: Hearing Your Case in Court
After you file the 9A package, the court will schedule a hearing. The Superior Court judge will review existing evidence and take one of the following actions:
- Affirming the agency’s decision
- Returning the matter to the agency for further proceedings
- Setting aside or modifying the agency’s decision
- Ordering actions that were unlawfully withheld or unreasonably delayed
You can expect the court to make a decision and mail its answer to you within a few weeks.
Why Trust Us for Appealing Administrative Agency Decisions?
At Calabrese Law Associates, we bring a profound understanding of administrative law and regulatory matters, anchored by founding member Peter G. Calabrese’s specialized experience in high-stakes appellate litigation. Our team, including Attorney John McDermott, who has successfully represented clients before numerous licensing authorities and zoning boards, meticulously analyzes your case.
We leverage our deep court procedure knowledge, gained by attorneys who have represented clients before federal administrative agencies, to navigate complex appeals. Our guiding principles of legal excellence and client service help us provide innovative solutions. We are committed to achieving a good outcome, as evidenced by clients praising our strategic advocacy and clear guidance in complex matters.
Protect Your Livelihood in Massachusetts
If you’re interested in appealing an administrative agency decision, our team at Calabrese Law Associates can help. Choose us as your partner for legal appeals in Massachusetts. We use our business litigation knowledge to support you and streamline the process. Reach out to us to discuss your situation.
This publication and its contents are not to be construed as legal advice nor a recommendation to you as to how to proceed. Please consult with a local licensed attorney directly before taking any action that could have legal consequences. This publication and its content do not create an attorney-client relationship and are being provided for general informational purposes only.
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