Petition for Reconsideration (Administrative Agency)

PETITION FOR RECONSIDERATION / REQUEST FOR REHEARING

Before the [________________________________]

Commonwealth of Massachusetts

In the Matter of:

[________________________________],
Petitioner,

v.

[________________________________],
Respondent Agency.

Docket No.: [________________________________]
Agency File No.: [________________________________]

PETITION FOR RECONSIDERATION / REQUEST FOR REHEARING

Pursuant to M.G.L. c. 30A and Applicable Agency Rules

Petitioner, [________________________________], by and through undersigned counsel [or pro se], hereby petitions the [________________________________] (the "Agency") for reconsideration of its Final Decision dated [__/__/____], pursuant to M.G.L. c. 30A and the Agency's applicable rules of practice and procedure.

I. PRELIMINARY STATEMENT

This Petition for Reconsideration is filed pursuant to the Massachusetts Administrative Procedure Act (M.G.L. c. 30A) and the Agency's applicable rules. A timely petition for reconsideration or rehearing filed with the agency under M.G.L. c. 30A § 14 tolls the thirty (30)-day period for filing an action for judicial review in Superior Court, until the agency denies the petition for rehearing.

The Final Decision [describe adverse action: e.g., denied Petitioner's application for / revoked Petitioner's license / imposed sanctions against / upheld a penalty against Petitioner]. For the reasons set forth below, the Final Decision contains errors of law and/or fact that warrant reconsideration.

Note on DALA: For many Massachusetts agencies, contested case hearings are conducted by the Division of Administrative Law Appeals (DALA), established under M.G.L. c. 7 § 4H. The DALA magistrate issues a Recommended Decision, which is then reviewed by the agency head. The agency head's Final Decision is the order subject to this petition.

II. JURISDICTION AND STATUTORY AUTHORITY

A. Statutory Basis

Authority for reconsideration is found in:

• M.G.L. c. 30A § 14 (judicial review — tolling upon timely petition for rehearing)
• M.G.L. c. 30A § 11 (contested case hearing procedures)
• [Cite agency-specific reconsideration rule: ________________________________]
• [Cite applicable CMR provision: ________________________________]

B. Timeliness

☐ This Petition is timely. The Final Decision was received by Petitioner on [__/__/____]. Under [cite applicable agency rule: ________________________________], a petition for reconsideration must be filed within [____] days of [receipt/issuance]. This Petition is filed on [__/__/____].

Deadline Calculation:

• Date Final Decision received: [__/__/____]
• Applicable deadline: [____] days
• Filing deadline: [__/__/____]
• Date this Petition filed: [__/__/____]

Note on Deadline: M.G.L. c. 30A does not specify a uniform reconsideration deadline — this is set by the specific agency's rules (CMR). Typical agency deadlines range from 10 to 30 days. Check the agency's regulations before filing.

C. Tolling of Judicial Review Period

Under M.G.L. c. 30A § 14, an action for judicial review of an agency decision must be commenced in Superior Court within thirty (30) days after receipt of notice of the final agency decision. However, if a party timely files a petition for rehearing with the agency, the thirty-day period for judicial review does not begin to run until the agency denies the petition for rehearing (or issues a new decision on rehearing). Filing this Petition preserves Petitioner's right to judicial review.

Note: Only a petition for rehearing filed within the 30-day judicial review period has tolling effect under M.G.L. c. 30A § 14. Confirm this with Massachusetts counsel.

III. IDENTIFICATION OF PARTIES

A. Petitioner

Name: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________]
Telephone: [____________________________]
Email: [________________________________]
License/Permit/Account No. (if applicable): [________________________________]
Represented by: [________________________________] (Counsel) / Pro Se ☐
Massachusetts BBO No. (if attorney): [____________________]

B. Respondent Agency

Agency Name: [________________________________]
Commissioner/Secretary/Director/Board Chair: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________]

C. Division of Administrative Law Appeals (if applicable)

DALA Magistrate: [________________________________]
DALA Address: 100 Cambridge Street, Suite 200, Boston, MA 02114
DALA Docket No.: [________________________________]

D. Other Parties of Record

Name: [________________________________]
Role: [________________________________]
Address: [________________________________]

IV. DESCRIPTION OF THE FINAL DECISION CHALLENGED

A. The Final Decision

1. Title/Description: [________________________________]
2. Date Issued: [__/__/____]
3. Date Received by Petitioner: [__/__/____]
4. Decision/Order Number: [________________________________]
5. DALA Magistrate (if applicable): [________________________________]
6. Agency Head/Board Who Issued Final Decision: [________________________________]

B. Summary of the Final Decision

The Final Decision found/concluded: [________________________________]

The Final Decision directed/imposed: [________________________________]

A copy of the Final Decision is attached as Exhibit A.
[If applicable:] A copy of the DALA Recommended Decision is attached as Exhibit B.

V. PROCEDURAL HISTORY

1. On [__/__/____], [describe the initiating agency action, e.g., "the Agency issued a Notice of Proposed Action / Complaint / Order proposing to [describe action] against Petitioner"].

2. On [__/__/____], Petitioner [describe response, e.g., "timely requested a contested case hearing before the Agency / Division of Administrative Law Appeals (DALA)"].

3. The matter was assigned to DALA Magistrate [________________________________] / Agency Hearing Officer [________________________________].

4. A contested case hearing was held on [__/__/____] at [________________________________], Massachusetts.

5. The following witnesses testified:
   - [________________________________], called by [________________________________]
   - [________________________________], called by [________________________________]

6. The following exhibits were admitted:
   - [________________________________]
   - [________________________________]

7. Post-hearing briefs were filed:
   - Petitioner's brief filed: [__/__/____]
   - Agency's brief filed: [__/__/____]

8. The DALA Magistrate / Hearing Officer issued a Recommended Decision on [__/__/____].

9. Petitioner filed objections/exceptions to the Recommended Decision on [__/__/____] [if applicable].

10. The Agency Head/Board issued the Final Decision on [__/__/____].

VI. GROUNDS FOR RECONSIDERATION

Petitioner asserts the following grounds. Check all that apply:

☐ Ground 1: Error of Law
The Final Decision contains material errors in the interpretation or application of Massachusetts law.

Cite statute/regulation: [________________________________]
Specific error: [________________________________]

☐ Ground 2: Findings of Fact Not Supported by Substantial Evidence
One or more material findings of fact are not supported by substantial evidence in the record as a whole, as required by M.G.L. c. 30A § 14(7)(e).

Unsupported findings:

• Finding: [________________________________]; Record contradicts: [________________________________]
• Finding: [________________________________]; Record contradicts: [________________________________]

☐ Ground 3: Newly Discovered Evidence
Evidence not reasonably available at the time of the hearing has been discovered that is material to the outcome.

Description: [________________________________]
Why not available at hearing: [________________________________]
Effect on outcome: [________________________________]

☐ Ground 4: Agency Exceeded Its Authority
The Agency's action exceeds its statutory jurisdiction or authority, in violation of M.G.L. c. 30A § 14(7)(b).

Specifically: [________________________________]
Statutory limitation: [________________________________]

☐ Ground 5: Arbitrary, Capricious, or Unreasonable
The Final Decision is arbitrary, capricious, or unreasonable, or constitutes an abuse of discretion, in violation of M.G.L. c. 30A § 14(7)(g).

Specifically: [________________________________]

☐ Ground 6: Constitutional Violation
The Final Decision violates Petitioner's constitutional rights:
☐ Due process (U.S. Const. amend. XIV; Mass. Const. Part I, art. XII)
☐ Equal protection
☐ Other: [________________________________]

☐ Ground 7: Unlawful Procedure
The agency failed to comply with required procedural safeguards, in violation of M.G.L. c. 30A § 14(7)(d):
☐ Inadequate notice of hearing or charges
☐ Evidence improperly admitted or excluded (M.G.L. c. 30A § 11)
☐ Denial of right to present evidence or cross-examine
☐ Hearing officer bias or conflict of interest
☐ Other: [________________________________]

☐ Ground 8: Inconsistency with Prior Agency Decisions
The Final Decision is inconsistent with prior agency decisions or established agency policy without adequate explanation.

Prior decision/policy at issue: [________________________________]

VII. STATEMENT OF FACTS

A. Background

[Provide a numbered, chronological factual narrative:]

1. Petitioner [________________________________] is a [describe: licensed professional / regulated business / applicant / benefit claimant] who [describe relevant background, e.g., holds Massachusetts [license type] License No. [____], issued by the Agency on [__/__/____]].

2. On [__/__/____], [describe the key triggering event or agency action].

3. On [__/__/____], [describe next relevant event].

4. [Continue sequentially as needed.]

B. Factual Errors in the Final Decision

The following specific findings in the Final Decision are factually erroneous or unsupported:

Erroneous Finding 1:

• The Decision states: "[________________________________]"
• The correct fact is: "[________________________________]"
• Evidence: Exhibit [____] / Transcript p. [____]

Erroneous Finding 2:

• The Decision states: "[________________________________]"
• The correct fact is: "[________________________________]"
• Evidence: [________________________________]

VIII. LEGAL ARGUMENT

A. Standard for Reconsideration

The Agency has the inherent authority and, in some cases, a regulatory obligation to reconsider its final decisions to correct errors of law, remedy factual findings lacking evidentiary support, and address newly discovered evidence. Reconsideration under M.G.L. c. 30A promotes accurate, fair administrative adjudication before resort to the courts.

B. Massachusetts Judicial Review Standards

Under M.G.L. c. 30A § 14(7), a court reviewing an agency decision shall set aside or modify the decision if it is:

• (a) In violation of constitutional provisions;
• (b) In excess of statutory authority or jurisdiction of the agency;
• (c) Based upon an error of law;
• (d) Made upon unlawful procedure;
• (e) Unsupported by substantial evidence;
• (f) Unwarranted by facts found by the court on the record as submitted; or
• (g) Arbitrary or capricious, an abuse of discretion, or otherwise not in accordance with law.

These standards equally apply to reconsideration at the agency level.

C. Argument on Ground 1: [State Ground Title]

[Provide detailed legal argument:]

The Final Decision erred as a matter of law in [________________________________]. M.G.L. c. [____] § [____] / [cite CMR provision] expressly provides that [________________________________]. The Agency's application of this provision is incorrect because [________________________________].

The Supreme Judicial Court / Appeals Court in [________________________________] Mass. [____] ([year]) held that [________________________________]. Under this controlling authority, the Agency's ruling cannot stand because [________________________________].

D. Argument on Ground 2: [Insufficient Evidence]

The following findings are not supported by substantial evidence in the record:

Finding [____]: The Agency found [________________________________]. The substantial evidence in the record, however, demonstrates the contrary. [Exhibit [____]] establishes [________________________________]. Testimony of [________________________________] (Tr. p. [____]) states [________________________________]. The Agency's finding is therefore unsupported under M.G.L. c. 30A § 14(7)(e).

E. [Continue for Each Ground Asserted]

IX. RELIEF REQUESTED

Petitioner respectfully requests that the Agency:

☐ 1. Grant this Petition for Reconsideration.

☐ 2. Vacate the Final Decision in its entirety.

☐ 3. Enter a new decision in Petitioner's favor: [________________________________]

☐ 4. Modify the Final Decision as follows: [________________________________]

☐ 5. Remand to DALA / the hearing officer for further proceedings on: [________________________________]

☐ 6. Stay enforcement of the Final Decision pending resolution of this Petition and any Superior Court proceedings.

☐ 7. Reinstate Petitioner's [license/permit/registration/benefits]: [________________________________]

☐ 8. Reduce the [penalty/fine/sanction] from $[____________] to $[____________].

☐ 9. Grant such other and further relief as is just and proper.

X. LIST OF EXHIBITS

XI. MASSACHUSETTS-SPECIFIC AGENCY NOTES

This template may be used in proceedings before Commonwealth of Massachusetts agencies, including:

• Division of Administrative Law Appeals (DALA) — hears cases for many state agencies; 100 Cambridge Street, Suite 200, Boston, MA 02114
• Department of Public Health (DPH) — health facility licensing, public health enforcement
• Board of Registration in Medicine (BRM) — physician licensing and discipline
• Board of Registration in Nursing — nursing licensing and discipline
• Department of Environmental Protection (MassDEP) — environmental permits and enforcement
• Department of Revenue (DOR) — tax assessments and appeals (Appellate Tax Board has separate procedures)
• Department of Unemployment Assistance (DUA) — unemployment insurance (separate Board of Review)
• Department of Children and Families (DCF) — child welfare and licensing
• Executive Office of Labor and Workforce Development — workers' compensation
• Department of Public Utilities (DPU) — utility regulation
• Real Estate Commission — real estate licensee discipline
• Department of Elementary and Secondary Education — educator certification

DALA vs. Agency-Specific Hearings: Many Massachusetts agencies use DALA for contested case hearings, but some agencies (e.g., DOR, Department of Unemployment Assistance Board of Review, Appellate Tax Board) have their own separate hearing processes with different procedural rules.

Objections to DALA Recommended Decision: Under DALA procedures, a party may file written objections to a DALA Recommended Decision before the agency head issues a Final Decision. If you did not file timely objections, note this in your petition and explain why reconsideration is nonetheless appropriate.

XII. VERIFICATION

I, [________________________________], hereby declare under the pains and penalties of perjury under the laws of the Commonwealth of Massachusetts that the facts stated in the foregoing Petition for Reconsideration are true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [________________________________], Massachusetts.

[________________________________]
Signature

[________________________________]
Printed Name

[________________________________]
Title (if on behalf of entity)

XIII. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing Petition for Reconsideration and all exhibits upon the following parties by the method indicated:

Agency Head/Commissioner/Director:
Name/Title: [________________________________]
Address: [________________________________]
Method:
☐ Personal delivery
☐ First-class U.S. mail, postage prepaid
☐ Certified mail, return receipt requested
☐ Electronic service (if permitted by agency rules): [________________________________]

DALA (if applicable):
Address: 100 Cambridge Street, Suite 200, Boston, MA 02114
Method: [________________________________]

Agency Counsel:
Name: [________________________________]
Address: [________________________________]
Method: [________________________________]

Other Parties of Record:
Name: [________________________________]
Method: [________________________________]

[________________________________]
Signature

Date: [__/__/____]

XIV. SIGNATURE BLOCK

Respectfully submitted,

[________________________________]
[Attorney Name / Pro Se Petitioner Name]
[Law Firm, if applicable]
[________________________________]
[Address]
[________________________________]
[City, Massachusetts, Zip]
Telephone: [____________________________]
Facsimile: [____________________________]
Email: [________________________________]
Massachusetts BBO No.: [____________________] (if attorney)

Date: [__/__/____]

XV. NEXT STEPS IF PETITION IS DENIED

Tolling: The thirty-day period for filing for judicial review in Superior Court under M.G.L. c. 30A § 14 is tolled by a timely petition for rehearing. The thirty-day period begins to run upon the agency's denial of the petition (or issuance of a new decision on rehearing). Monitor this deadline carefully.

If Petition is Denied:

1. Judicial Review — Superior Court: Under M.G.L. c. 30A § 14, an action for judicial review of an agency decision is commenced by filing a complaint in Superior Court within thirty (30) days after receipt of notice of:
   - The final agency decision (if no petition for rehearing was filed); or
   - The agency's denial of the petition for rehearing.

The action is filed in the Superior Court for the county in which the petitioner resides or has its principal place of business, or in Suffolk County.

2. Record on Review: Under M.G.L. c. 30A § 14(4), the agency must file a certified copy of the administrative record within thirty (30) days after service of the complaint.

3. Stay Pending Review: Under M.G.L. c. 30A § 14(3), the court may, upon application, stay enforcement of the agency decision pending judicial review.

4. Standard of Review: M.G.L. c. 30A § 14(7) governs the scope of review. Courts review the administrative record for the grounds specified in § 14(7)(a)-(g).

5. Further Appeals: Appeals from Superior Court decisions proceed to the Massachusetts Appeals Court, and further review may be sought from the Supreme Judicial Court.

Important: The thirty-day judicial review deadline is strictly enforced. Consult a qualified Massachusetts attorney immediately upon denial of this Petition.

SOURCES AND REFERENCES

• M.G.L. c. 30A (Massachusetts APA): https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIII/Chapter30a/Section14
• Division of Administrative Law Appeals (DALA): https://www.mass.gov/orgs/division-of-administrative-law-appeals
• Massachusetts Administrative Procedure — Judicial Review Guide: https://www.mass.gov/info-details/learn-about-appeals-from-administrative-agency-decisions-under-general-laws-c30a
• Code of Massachusetts Regulations (CMR): https://www.mass.gov/code-of-massachusetts-regulations-cmr