Administrative Hearing Request Packet - Massachusetts

ADMINISTRATIVE HEARING REQUEST PACKET — MASSACHUSETTS

Comprehensive Hearing Request, Cover Letter, and Practice Guide

Pursuant to M.G.L. c. 30A and 801 CMR 1.00

TABLE OF CONTENTS

1. Filing Overview and Preliminary Information
2. Hearing Request Cover Letter
3. Formal Request for Administrative Hearing / Appeal
4. Statement of Issues / Grounds for Hearing
5. Agency Identification and the Division of Administrative Law Appeals (DALA)
6. Filing Instructions
7. Deadlines and Timeline
8. Discovery and Evidence Rules in Administrative Proceedings
9. Pre-Hearing Conference Procedures
10. Hearing Procedures and Rules of Evidence
11. Post-Hearing Briefs and Procedures
12. Appeal Rights from Administrative Decision
13. Stay of Agency Action
14. Document Checklist
15. Practice Tips for Massachusetts Administrative Hearings
16. Sources and References

1. FILING OVERVIEW AND PRELIMINARY INFORMATION

Petitioner / Appellant Information:

Agency Action Being Challenged:

Appeal Summary:

2. HEARING REQUEST COVER LETTER

[__/__/____]

[________________________________]
[Division of Administrative Law Appeals / Agency Name]
[________________________________]
[Street Address]
[________________________________]
[City, Massachusetts ZIP]

RE: Appeal of Agency Decision / Request for Administrative Hearing
Appellant: [________________________________]
Agency: [________________________________]
Agency Case/Reference No.: [________________________________]
Agency Decision Dated: [__/__/____]

Dear [Administrative Magistrate / Agency Hearing Officer / DALA]:

Pursuant to the Massachusetts Administrative Procedure Act, M.G.L. c. 30A, § 10, and the Standard Adjudicatory Rules of Practice and Procedure, 801 CMR 1.00, the undersigned hereby appeals the [type of agency action — e.g., denial, revocation, suspension, penalty assessment, determination] issued by [Agency Name] on [__/__/____], and requests a formal administrative hearing.

Nature of the Dispute:
The Appellant challenges the agency's [decision/action/order] on the following grounds: [________________________________]

Timeliness of Appeal:
Notice of the adverse agency decision was received on [__/__/____]. This appeal is filed within the applicable statutory deadline established by [cite specific statute or agency rule governing the deadline].

Forum:
The Appellant understands that this matter [will be / may be] heard by the Division of Administrative Law Appeals (DALA) pursuant to M.G.L. c. 7, § 4H, and governed by the Standard Adjudicatory Rules at 801 CMR 1.00.

Hearing Type:
The Appellant requests a hearing under the [☐ Formal Rules (801 CMR 1.01) / ☐ Informal/Fair Hearing Rules (801 CMR 1.02)], as applicable to this category of proceeding.

Stay Request:
[If applicable] The Appellant respectfully requests a stay of enforcement of the agency action pending the outcome of this hearing. Grounds are set forth in the accompanying Stay Request (Section 13 of this Packet).

Enclosed with this letter please find: (1) the Appeal / Request for Administrative Hearing; (2) Statement of Issues; (3) a copy of the agency decision being appealed; (4) supporting documentation; and (5) proof of service.

Respectfully submitted,

________________________________________
[Full Name / Attorney Name]
[Title / BBO No.]
[Address]
[Telephone]
[Email]

3. FORMAL REQUEST FOR ADMINISTRATIVE HEARING / APPEAL

BEFORE THE DIVISION OF ADMINISTRATIVE LAW APPEALS

(or Before [Agency Name])

COMMONWEALTH OF MASSACHUSETTS

In the Matter of:

[________________________________], Appellant

v.

[________________________________], Respondent Agency

Agency Case/Reference No.: [________________________________]
DALA Docket No.: [________________________________] (to be assigned)

NOTICE OF APPEAL AND REQUEST FOR HEARING

NOW COMES Appellant [________________________________], by and through [self / undersigned counsel], and pursuant to M.G.L. c. 30A, § 10, and [cite specific agency enabling statute], hereby appeals the decision of [Agency Name] and requests a formal administrative hearing, stating as follows:

I. PARTIES

1. Appellant is [an individual / a business entity / an organization] located at [________________________________], Massachusetts, with a direct interest in the agency decision at issue.

2. Respondent is [________________________________], an agency of the Commonwealth of Massachusetts, located at [________________________________].

II. JURISDICTION AND AUTHORITY

3. This is an adjudicatory proceeding as defined by M.G.L. c. 30A, § 1, in which the Appellant's legal rights, duties, or privileges have been determined by the agency.

4. The agency has jurisdiction over this matter pursuant to [________________________________] [cite agency enabling statute].

5. The Division of Administrative Law Appeals (DALA) has authority to hear this appeal pursuant to M.G.L. c. 7, § 4H.

6. This appeal is timely filed within [____] days of receipt of the agency's decision, as required by [________________________________].

III. AGENCY DECISION BEING APPEALED

7. On or about [__/__/____], the agency issued [describe the decision — denial, revocation, suspension, penalty, determination, etc.].

8. A copy of the agency decision is attached as Exhibit A.

9. [________________________________]
   [Provide additional relevant facts, numbered sequentially]

10. [________________________________]

11. [________________________________]

IV. STATEMENT OF ISSUES

12. The following issues are presented for hearing:

a. [________________________________]

b. [________________________________]

c. [________________________________]

d. [________________________________]

V. LEGAL BASIS FOR APPEAL

13. The agency decision is [erroneous as a matter of law / arbitrary or capricious / unsupported by substantial evidence / in violation of constitutional provisions / in excess of the agency's statutory authority / made upon unlawful procedure / an abuse of discretion] for the following reasons:

a. [________________________________]

b. [________________________________]

c. [________________________________]

VI. RELIEF REQUESTED

14. WHEREFORE, Appellant respectfully requests that DALA / the Administrative Magistrate:

a. Schedule and conduct a full evidentiary hearing on the merits;

b. Issue a decision reversing, vacating, or modifying the agency decision dated [__/__/____];

c. [________________________________] [specify other relief sought];

d. Grant such other and further relief as may be just and proper.

Date: [__/__/____]

________________________________________
[Appellant / Attorney for Appellant]
[Printed Name]
[BBO No.]
[Address]
[Telephone]
[Email]

4. STATEMENT OF ISSUES / GROUNDS FOR HEARING

Detailed Statement of Contested Issues

Issue No. 1:

• Subject: [________________________________]
• Statutory/Regulatory Basis: [________________________________]
• Agency's Position (as stated in decision): [________________________________]
• Appellant's Position: [________________________________]
• Supporting Facts: [________________________________]
• Supporting Evidence: [________________________________]

Issue No. 2:

• Subject: [________________________________]
• Statutory/Regulatory Basis: [________________________________]
• Agency's Position (as stated in decision): [________________________________]
• Appellant's Position: [________________________________]
• Supporting Facts: [________________________________]
• Supporting Evidence: [________________________________]

Issue No. 3:

• Subject: [________________________________]
• Statutory/Regulatory Basis: [________________________________]
• Agency's Position (as stated in decision): [________________________________]
• Appellant's Position: [________________________________]
• Supporting Facts: [________________________________]
• Supporting Evidence: [________________________________]

Additional Issues: [Attach additional sheets as necessary]

5. AGENCY IDENTIFICATION AND THE DIVISION OF ADMINISTRATIVE LAW APPEALS (DALA)

Massachusetts Administrative Hearing System

Overview:
The Division of Administrative Law Appeals (DALA) is an independent state agency that conducts adjudicatory hearings for other Massachusetts state administrative agencies. DALA provides a neutral forum and assigns an impartial Administrative Magistrate to preside over each case.

Not all administrative hearings are conducted by DALA. Some agencies have their own hearing processes. The applicable statute and agency regulations determine whether the hearing is before DALA, before the agency itself, or before another tribunal.

DALA Contact Information:

Applicable Rules:

Cases before DALA are governed by:

• Massachusetts Administrative Procedure Act: M.G.L. c. 30A
• Standard Adjudicatory Rules of Practice and Procedure: 801 CMR 1.00
• 801 CMR 1.01 — Formal Rules (for proceedings requiring formal procedures)
• 801 CMR 1.02 — Informal/Fair Hearing Rules (for less formal proceedings)

The agency determines whether its class of hearings proceeds under the Formal Rules or the Informal/Fair Hearing Rules based on factors such as volume of cases, whether claimants are represented by counsel, complexity of issues, and applicability of federal fair hearing procedures.

Common Massachusetts Agencies That Use DALA:

Agencies with Their Own Hearing Processes (Not Through DALA):

☐ Department of Unemployment Assistance (Board of Review)
☐ Department of Industrial Accidents (Workers' Compensation)
☐ Bureau of Special Education Appeals (BSEA)
☐ Commission Against Discrimination (MCAD)
☐ Appellate Tax Board
☐ Civil Service Commission

Forum Determination Checklist:

☐ Identify the agency that issued the adverse decision
☐ Determine whether the appeal goes to DALA or the agency's own hearing process
☐ Review the agency's enabling statute for appeal procedures and deadlines
☐ Determine whether 801 CMR 1.01 (Formal) or 801 CMR 1.02 (Informal) applies
☐ Check if DALA has jurisdiction or if another tribunal hears the appeal
☐ Identify any mandatory informal resolution requirements
☐ Review agency-specific regulations (CMR provisions)

6. FILING INSTRUCTIONS

Where and How to File in Massachusetts

Filing with DALA:

Filing with the Agency (if not DALA):

Accepted Filing Methods at DALA:

☐ U.S. Mail (postmark date counts as filing date)
☐ Hand delivery to DALA offices at 14 Summer Street, 4th Floor, Malden, MA 02148
☐ Email to [email protected]
☐ Fax to (781) 397-4720

IMPORTANT: File documents only once via one method. Do not submit duplicates unless the Administrative Magistrate requests it.

What to Include in the Appeal:

At a minimum, the appeal must include:
☐ Your name and address
☐ A statement that you are appealing a particular agency decision
☐ A copy of the agency decision being appealed
☐ A description of the reasons for the appeal (recommended but not always mandatory)

Filing Fees:

DALA proceedings generally do not require a filing fee. Certain specialized proceedings or agencies may impose fees. Verify with the specific agency.

Service Requirements:

☐ Serve a copy of the appeal on the agency's attorney (not other staff)
☐ Serve a copy on all other parties
☐ Include a certificate of service with every filing
☐ Service must be made the same day you file with DALA
☐ All filings must include your case name and docket number (once assigned)

7. DEADLINES AND TIMELINE

Critical Deadlines Under Massachusetts Law

Filing Deadline for Appeal:

The deadline to appeal is established by the applicable statute or the agency's notice of decision. DALA generally cannot extend filing deadlines regardless of circumstances. Common deadlines include:

CRITICAL: Failure to file within the statutory deadline typically results in dismissal. DALA has consistently held that it cannot extend statutory filing deadlines. Calendar the deadline immediately upon receipt of the agency decision.

General Hearing Timeline at DALA:

8. DISCOVERY AND EVIDENCE RULES IN ADMINISTRATIVE PROCEEDINGS

Discovery in Massachusetts Administrative Hearings

Governing Rules: 801 CMR 1.01 (Formal Rules) and 801 CMR 1.02 (Informal Rules); M.G.L. c. 30A

Discovery in Massachusetts administrative proceedings varies depending on whether the proceeding follows the Formal Rules or the Informal/Fair Hearing Rules.

Under the Formal Rules (801 CMR 1.01):

Discovery is generally available and follows principles similar to civil litigation, though the Administrative Magistrate has broad discretion to manage the scope and timing.

Available Discovery Methods:

☐ Requests for production of documents
☐ Interrogatories
☐ Requests for admissions
☐ Depositions (with permission of the Administrative Magistrate)
☐ Subpoenas for witness attendance at hearing
☐ Subpoenas duces tecum for production of documents at hearing

Under the Informal/Fair Hearing Rules (801 CMR 1.02):

Discovery is more limited. The most efficient approach is often informal — directly requesting documents and information from the opposing party without formal discovery mechanisms.

DALA Practice:

DALA encourages informal discovery:

• Contact the agency's attorney directly to request documents
• Request copies of the agency's file and records
• Many agencies will voluntarily provide documents relevant to the dispute

Subpoena Power:

• The Administrative Magistrate may issue subpoenas for witness attendance and document production
• Subpoenas may be requested by motion to the Administrative Magistrate
• Non-compliance may be enforced through the Superior Court

Pre-Hearing Document Exchange:

Prior to the hearing, parties must provide:
☐ Information about witnesses to be called (names, expected testimony)
☐ Document copies to be introduced as exhibits
☐ These must be provided to both DALA and the opposing party
☐ Deadlines set by the Administrative Magistrate at the prehearing conference

9. PRE-HEARING CONFERENCE PROCEDURES

Pre-Hearing Conferences at DALA

Overview:
Prehearing conferences at DALA are mandatory formal meetings to address case management issues. They are typically conducted by telephone. Non-attendance may result in case dismissal (for the appellant) or default judgment (against the non-appearing party).

Purposes of the Pre-Hearing Conference:

☐ Identify and narrow the contested issues
☐ Establish a schedule for the proceedings
☐ Set deadlines for discovery, exhibits, and witness information exchange
☐ Explore settlement possibilities
☐ Discuss any pending or anticipated motions
☐ Address scheduling and logistical matters
☐ Discuss ADA accommodations or language assistance needs
☐ Set the hearing date

Pre-Hearing Conference Preparation Checklist:

☐ Review the agency decision and all supporting documents
☐ Prepare a concise statement of the issues in dispute
☐ Identify all witnesses you plan to call
☐ Identify all documents you plan to introduce
☐ Prepare proposed hearing dates (coordinate with witness availability)
☐ Consider settlement possibilities and authority to settle
☐ Prepare any motions (continuance, discovery requests, etc.)
☐ Have your calendar available for scheduling
☐ Ensure reliable telephone access for the conference

Consequences of Non-Attendance:

WARNING: If the Appellant fails to attend the prehearing conference, the case may be dismissed. If the agency fails to attend, a default judgment may be entered. Take prehearing conference scheduling very seriously.

Pre-Hearing Orders:

Following the prehearing conference, the Administrative Magistrate will typically issue an order that:

• Identifies the issues for hearing
• Sets the hearing date, time, and location
• Establishes deadlines for exchange of witness lists and exhibits
• Establishes a discovery schedule (if applicable)
• Addresses any pending motions
• Sets a deadline for filing any dispositive motions

10. HEARING PROCEDURES AND RULES OF EVIDENCE

Conduct of Hearings Under M.G.L. c. 30A and 801 CMR 1.00

Right to Hearing (M.G.L. c. 30A, § 10):

Agencies must afford all parties an opportunity for a full and fair hearing. The agency must provide:

• Reasonable notice of the hearing
• The time and place of the hearing
• Sufficient notice of the issues involved to allow parties reasonable opportunity to prepare and present evidence and argument

Representation:

☐ Parties may appear pro se (self-represented)
☐ Parties may be represented by an attorney admitted to practice in Massachusetts
☐ DALA staff cannot provide legal advice, interpret rules, or participate in hearings on behalf of parties

Standard of Proof:

Unless otherwise specified by the applicable statute:

• The standard of proof in most DALA proceedings is preponderance of the evidence
• Certain proceedings (e.g., professional license revocations) may require substantial evidence or clear and convincing evidence
• Verify the applicable standard in the specific statute governing the agency action

Evidence Rules:

Under M.G.L. c. 30A, § 11:

• Agencies and DALA are not bound by the rules of evidence applicable in court proceedings
• Evidence may be admitted if it is the kind on which reasonable persons are accustomed to rely in the conduct of serious affairs
• Unduly repetitious evidence may be excluded
• The weight of the evidence is for the Administrative Magistrate to determine
• Each party has the right to present evidence, call and cross-examine witnesses, and submit rebuttal evidence

Under the Formal Rules (801 CMR 1.01):

Under the Informal/Fair Hearing Rules (801 CMR 1.02):

Informal hearings are less structured:

• Parties may present testimony and documents
• Cross-examination is permitted but may be less formal
• The Administrative Magistrate may ask questions directly
• The rules of evidence are further relaxed

Motions:

Under 801 CMR 1.01 and 1.02:

• Motions may be made in writing at any time after commencement of the proceeding, or orally during the hearing
• Each motion must set forth the grounds for the desired order or action
• The opposing party has seven (7) days to file a written response to a written motion
• The Administrative Magistrate rules on motions

Summary Decision:

Either party may file a motion for summary decision if the material facts are not genuinely disputed and the law clearly favors one side:

• The opposing party has seven (7) days to respond
• Failure to respond risks a decision without a hearing
• The response should explain why factual disputes exist that require a full hearing
• Supporting materials may include affidavits, documents, emails, medical records, photographs, or videos

Record of Proceedings:

☐ All proceedings before DALA are recorded
☐ The record includes all pleadings, evidence, and the decision
☐ Parties may request a transcript of the hearing (at their own expense)

11. POST-HEARING BRIEFS AND PROCEDURES

Post-Hearing Process at DALA

Post-Hearing Briefs:

The Administrative Magistrate may request or permit post-hearing briefs.

Decision (M.G.L. c. 30A, § 11):

The Administrative Magistrate issues a written decision that includes:

• Findings of fact based on the evidence in the record
• Conclusions of law
• The decision (affirming, reversing, modifying, or remanding the agency action)

Settlement, Withdrawal, and Dismissal:

Cases at DALA may resolve in several ways:
☐ Settlement: Parties reach an agreement
☐ Withdrawal: Appellant voluntarily withdraws the appeal
☐ Dismissal: Case dismissed on procedural grounds (e.g., failure to meet a filing deadline, failure to prosecute, failure to attend prehearing conference)
☐ Summary Decision: Decision without evidentiary hearing based on motion
☐ Written Decision After Hearing: Full decision following evidentiary hearing

Agency Action on DALA Decision:

For cases referred to DALA, the agency typically reviews the DALA decision and may:

• Adopt the decision as the final agency action
• Modify the decision (depending on statutory framework)
• Reject the decision and substitute its own findings (in limited circumstances)

The specific process depends on the agency's enabling statute and whether the DALA decision is advisory or binding.

12. APPEAL RIGHTS FROM ADMINISTRATIVE DECISION

Judicial Review Under M.G.L. c. 30A, § 14

Governing Statute: M.G.L. c. 30A, § 14

Exhaustion of Administrative Remedies:

Before seeking judicial review, the Appellant must:
☐ Receive a final agency decision
☐ Exhaust all available administrative remedies (including petitions for rehearing)
☐ File any required petition for rehearing with the agency (optional but recommended)

Filing for Judicial Review (M.G.L. c. 30A, § 14):

Judicial Review Procedure:

1. File complaint, civil action cover sheet, and filing fee with the Clerk's Office
2. Serve the complaint on the opposing party
3. File proof of service
4. Request transcripts within 30 days of service (if needed)
5. Receive the agency's answer and administrative record within 90 days of filing
6. File preliminary motions within 20 days of receiving the answer
7. File 12(c) motion for judgment on the pleadings within 30 days of receiving the answer and record (if applicable)
8. Opposing party has 30 days to respond to motions
9. Assembly and filing of the "9A package" with all motion documents

Scope of Judicial Review (M.G.L. c. 30A, § 14(7)):

The court may set aside or modify the agency decision if it determines that the substantial rights of any party may have been prejudiced because the decision is:

• In violation of constitutional provisions
• In excess of the statutory authority of the agency
• Based upon an error of law
• Made upon unlawful procedure
• Unsupported by substantial evidence
• Unwarranted by facts found by the court (in cases of de novo review)
• Arbitrary or capricious, an abuse of discretion, or otherwise not in accordance with law

Standard of Review:

• The court reviews the administrative record
• Factual findings are upheld if supported by substantial evidence
• Legal conclusions are reviewed de novo
• Discretionary actions are reviewed for abuse of discretion

Further Appeals:

• From the Superior Court: Appeal to the Massachusetts Appeals Court
• From the Appeals Court: Application for further appellate review to the Supreme Judicial Court (SJC)

13. STAY OF AGENCY ACTION

Request for Stay Pending Hearing or Judicial Review

To: [________________________________] [DALA / Agency Name / Superior Court]
From: [________________________________] [Appellant]
Date: [__/__/____]
Re: Request for Stay — Docket No. [________________________________]

The Appellant respectfully requests a stay of enforcement of the agency's [decision/order/action] dated [__/__/____] pending the resolution of [this administrative hearing / judicial review], and states the following grounds:

1. Likelihood of Success on the Merits:
[________________________________]

2. Irreparable Harm Absent a Stay:
[________________________________]

3. The Stay Will Not Substantially Harm Other Parties or the Public Interest:
[________________________________]

4. The Balance of Equities Favors a Stay:
[________________________________]

Statutory Authority: M.G.L. c. 30A, § 14(3) (stay pending judicial review upon application to the reviewing court).

Supporting Documentation:
☐ Affidavit or declaration of Appellant
☐ Financial records demonstrating harm
☐ Other supporting evidence: [________________________________]

Note: Under M.G.L. c. 30A, § 14(3), the agency may order a stay on appropriate terms, or the reviewing court may order a stay upon application. During the administrative hearing phase, the availability of a stay depends on the specific agency's rules and the applicable statute.

14. DOCUMENT CHECKLIST

Complete Filing Checklist for Massachusetts Administrative Hearing Appeal

Required Documents:

☐ Cover letter (signed and dated)
☐ Appeal / Request for Administrative Hearing
☐ Copy of the agency decision being appealed
☐ Certificate of service
☐ Filing fee (if applicable) or fee waiver request

Recommended Documents:

☐ Statement of Issues / Grounds for Hearing
☐ Stay request with supporting documentation (if applicable)
☐ Preliminary witness list
☐ Preliminary exhibit list with copies of key exhibits
☐ Chronological statement of facts
☐ Relevant statutory and regulatory provisions
☐ Authorization for representative (if applicable)
☐ Interpreter / accommodation request (if applicable)
☐ Request for language assistance (email [email protected])

Filing Verification (DALA):

☐ Filed via one method only (mail, hand delivery, email, or fax) — do not duplicate
☐ Included case name and docket number (once assigned) on all documents
☐ Served copies on the agency's attorney the same day as filing
☐ Included certificate of service
☐ Retained a copy of all filed documents for your records

Post-Filing Tasks:

☐ Calendar the filing deadline and confirm timely filing
☐ Monitor for DALA acknowledgment and docket number assignment
☐ Monitor for prehearing conference scheduling notice
☐ Attend the prehearing conference (non-attendance may result in dismissal)
☐ Prepare witness and exhibit lists per Administrative Magistrate's schedule
☐ Begin informal discovery (contact agency attorney for documents)
☐ Calendar 30-day judicial review deadline from date of final decision
☐ Respond to any summary decision motion within 7 days

15. PRACTICE TIPS FOR MASSACHUSETTS ADMINISTRATIVE HEARINGS

Strategic Considerations for Massachusetts Practitioners

1. Know Your Forum: DALA vs. Agency Hearing
Not all Massachusetts administrative hearings go through DALA. Many agencies have their own hearing processes (e.g., DUA Board of Review, Civil Service Commission, MCAD, Appellate Tax Board, BSEA). Determine the correct forum before filing.

2. Follow the Agency's Appeal Instructions Exactly
The agency decision notice will specify where and how to file the appeal and the deadline. Follow those instructions precisely. DALA generally cannot extend statutory filing deadlines.

3. Attend the Prehearing Conference
DALA prehearing conferences are mandatory and typically conducted by telephone. Non-attendance by the Appellant can result in dismissal of the appeal. Non-attendance by the agency can result in default judgment. Treat these conferences as critical events.

4. Use Informal Discovery Effectively
DALA encourages informal discovery — contact the agency's attorney directly to request relevant documents and records. This approach is often faster and less contentious than formal discovery mechanisms.

5. Respond to Summary Decision Motions Within 7 Days
If the agency files a motion for summary decision, you have only seven (7) days to respond. Failure to respond risks losing your case without a hearing. Your response must explain why factual disputes exist that require an evidentiary hearing.

6. Prepare Your Exhibits and Witnesses in Advance
Before the hearing, you must provide information about your witnesses and document copies to both DALA and the opposing party per the schedule set at the prehearing conference. Organize your case well before the hearing date.

7. Understand the Formal vs. Informal Rules
The agency determines whether its hearings proceed under 801 CMR 1.01 (Formal Rules) or 801 CMR 1.02 (Informal/Fair Hearing Rules). The applicable rule set affects discovery, evidence presentation, and procedural formality. Know which applies to your case.

8. Include a Certificate of Service with Every Filing
Every document filed with DALA must include a certificate of service confirming delivery to all other parties. Failure to serve opposing parties can result in the filing being disregarded.

9. Request Language Assistance Early
DALA provides language assistance for non-English speaking parties. Contact [email protected] as early as possible to arrange interpreter services. All hearing rooms are ADA accessible — contact DALA for special accommodations.

10. Mind the 30-Day Judicial Review Deadline
Under M.G.L. c. 30A, § 14, the complaint for judicial review must be filed within 30 days of receiving the final agency decision. The court may extend this period for good cause if the application is made within the original 30-day period. Calendar this deadline immediately.

11. Consider Filing a Petition for Rehearing
Filing a timely petition for rehearing with the agency tolls the 30-day judicial review period. If the agency denies rehearing, you then have 30 days from the denial to file for judicial review. This can provide additional time to prepare for court.

12. File in the Right Superior Court
Judicial review under M.G.L. c. 30A, § 14, is filed in the Superior Court for the county where you reside, where your principal place of business is located, where the agency has its principal office, or in Suffolk County. Consider strategic forum selection.

16. SOURCES AND REFERENCES

Massachusetts Administrative Hearing Authorities

Primary Statutes:

• Massachusetts Administrative Procedure Act: M.G.L. c. 30A
• § 1: Definitions
• § 10: Adjudicatory proceedings; appeals
• § 11: Decisions; findings; record
• § 12: Administrative subpoenas
• § 13: Judicial enforcement of subpoenas
• § 14: Judicial review
• § 14A: Award of fees and expenses
• Division of Administrative Law Appeals: M.G.L. c. 7, § 4H

Administrative Rules:

• Standard Adjudicatory Rules of Practice and Procedure: 801 CMR 1.00
• 801 CMR 1.01: Formal Rules
• 801 CMR 1.02: Informal/Fair Hearing Rules
• Agency-specific regulations (CMR provisions for each agency)

Key Agency and Court Resources:

• Division of Administrative Law Appeals (DALA): www.mass.gov/orgs/division-of-administrative-law-appeals
• Filing Address: 14 Summer Street, 4th Floor, Malden, MA 02148
• Email: [email protected]
• Phone: (781) 397-4700
• Fax: (781) 397-4720
• Language Assistance: [email protected]
• Massachusetts Legislature (statutes): malegislature.gov
• Massachusetts Regulations (CMR): mass.gov/regulations
• Massachusetts Trial Court: mass.gov/courts
• DALA Glossary of Terms: mass.gov/info-details/glossary-of-dala-terms
• DALA Self-Representation Guide: mass.gov/info-details/representing-yourself-at-dala
• DALA Administrative Appeals Process: mass.gov/administrative-appeals-process
• Guide to Administrative Appeals Under MGL c.30A: mass.gov/info-details/mgl-c30a-administrative-appeals-checklist
• Superior Court Standing Order 1-96

Practice Resources:

• Massachusetts Bar Association, Administrative Law Section
• Massachusetts Continuing Legal Education (MCLE)
• Boston Bar Association
• Massachusetts Legal Aid organizations

This template is intended for use by licensed attorneys and qualified legal professionals. It does not constitute legal advice. The information contained herein reflects general provisions of Massachusetts law and must be adapted to the specific agency, proceeding, and facts of each case. Always verify current statutory requirements, agency-specific rules, and applicable deadlines before filing.

Document Version: 2026-03-07
Jurisdiction: Massachusetts (Commonwealth)
Governing Law: M.G.L. c. 30A (State Administrative Procedure); 801 CMR 1.00 (Standard Adjudicatory Rules); M.G.L. c. 7, § 4H (DALA)