NOTICE OF ADMINISTRATIVE APPEAL AND PETITION FOR REVIEW
(Massachusetts State Agency Final Decision)
[COURT/AGENCY CAPTION]
Commonwealth of Massachusetts
[Name of Administrative Tribunal, e.g., Division of Administrative Law Appeals (“DALA”) or Superior Court, __ County]
Docket No.: [__]
In the Matter of:
[NAME OF PETITIONER],
Petitioner,
v.
[NAME OF STATE AGENCY],
Respondent.
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Obligations
- Default & Remedies
- Risk Allocation (Not Applicable)
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Title. Notice of Administrative Appeal and Petition for Review of Final Agency Decision.
1.2 Parties. This Petition is filed by [Petitioner’s Legal Name] (“Petitioner”) against [Agency’s Official Name] (“Agency” or “Respondent”).
1.3 Recitals.
A. On [DATE], the Agency issued a final decision in the matter captioned [Agency Docket/Case No.] (the “Agency Decision”).
B. Petitioner is aggrieved by the Agency Decision and brings this appeal pursuant to Mass. Gen. Laws ch. 30A, §§ 10–14 and any other pertinent statutory authority.
C. This Petition is timely filed within [STATUTORY DEADLINE, e.g., “30 days”] after service of the Agency Decision.
1.4 Effective Date. This Petition is deemed filed on the date it is received by the Clerk of [Administrative Tribunal] (“Filing Date”).
1.5 Jurisdiction & Venue. Jurisdiction lies under Mass. Gen. Laws ch. 30A, § 14(1); venue is proper in [TRIBUNAL] because [STATE REASONS—e.g., “the Agency’s principal office is located in this county”].
[// GUIDANCE: Edit ¶1.3–1.5 to track the specific statute or special enabling act governing the particular agency, if other than ch. 30A.]
2. DEFINITIONS
For purposes of this Petition, capitalized terms have the meanings set forth below.
“Administrative Record” The complete record of the adjudicatory proceeding compiled under Mass. Gen. Laws ch. 30A, § 11(4), including all papers, exhibits, transcripts, and the Agency Decision.
“Agency” The Massachusetts state administrative body identified in ¶1.2 above.
“Agency Decision” The final decision, order, or ruling of the Agency dated [DATE] that is the subject of this appeal.
“Petitioner” The person or entity identified in ¶1.2 above and defined as the “aggrieved party” under Mass. Gen. Laws ch. 30A, § 14.
“Standard of Review” The criteria set forth in Mass. Gen. Laws ch. 30A, § 14(7): whether the Agency Decision was (a) in violation of constitutional provisions; (b) in excess of statutory authority; (c) based on error of law; (d) made upon unlawful procedure; (e) unsupported by substantial evidence; (f) unwarranted by facts found by the court; or (g) arbitrary or capricious.
[// GUIDANCE: Add or delete defined terms as needed so every capitalized term appears exactly as defined.]
3. OPERATIVE PROVISIONS
3.1 Filing of Appeal. Petitioner hereby perfects an appeal and respectfully petitions the Tribunal to review and reverse, vacate, modify, or remand the Agency Decision.
3.2 Statement of Issues Presented. Pursuant to Mass. Gen. Laws ch. 30A, § 14(4), the issues on appeal include, without limitation:
(a) Whether substantial evidence supports the Agency’s findings;
(b) Whether the Agency applied an incorrect legal standard;
(c) Whether the Agency’s decision is arbitrary or capricious; and
(d) Whether procedural due-process requirements were satisfied.
[PLACEHOLDER: Insert additional, case-specific issues.]
3.3 Requested Relief. Petitioner seeks:
(a) Reversal or modification of the Agency Decision;
(b) Remand for further proceedings consistent with the Tribunal’s ruling;
(c) Such other legal or equitable relief as the Tribunal deems just.
3.4 Exhaustion of Administrative Remedies. Petitioner has exhausted all available intra-agency remedies, as required by Mass. Gen. Laws ch. 30A, § 14(1).
3.5 Record Designation & Certification. Within [NUMBER] days after service of this Petition, the Agency shall file the certified Administrative Record pursuant to Mass. Gen. Laws ch. 30A, § 14(4).
3.6 Briefing Schedule. Petitioner requests entry of a briefing schedule consistent with [Tribunal’s Rules, cite if applicable].
4. REPRESENTATIONS & WARRANTIES
Petitioner represents, warrants, and certifies that:
4.1 Standing. Petitioner is aggrieved within the meaning of Mass. Gen. Laws ch. 30A, § 14(1).
4.2 Timeliness. This appeal is timely under the governing statute.
4.3 Service. A true and correct copy of this Petition has been served on the Agency’s authorized representative in compliance with [APPLICABLE RULE].
4.4 Accuracy. All factual statements herein are made in good faith after reasonable inquiry and are believed to be true and correct.
[// GUIDANCE: Some tribunals require a verification or certificate of counsel; insert as needed.]
5. COVENANTS & OBLIGATIONS
5.1 Cooperation with Record Preparation. Petitioner shall promptly furnish the Agency any non-privileged documents reasonably requested for inclusion in the Administrative Record.
5.2 Notice of Related Proceedings. Petitioner shall provide written notice within five (5) business days of becoming aware of any parallel judicial or legislative proceeding concerning the Agency Decision.
6. DEFAULT & REMEDIES
6.1 Agency Failure to File Record. If the Agency fails to timely file the certified Administrative Record, Petitioner may move for:
(a) An order compelling production;
(b) Sanctions, including reasonable attorney’s fees; and
(c) Any other relief deemed appropriate.
6.2 Non-Compliance with Tribunal Orders. Failure by any party to comply with an order of the Tribunal constitutes grounds for such sanctions as the Tribunal, in its discretion, considers just and proper.
7. RISK ALLOCATION
Indemnification and limitation-of-liability provisions are not applicable to this administrative appeal.
8. DISPUTE RESOLUTION
8.1 Governing Law. This appeal is governed by Massachusetts law, including Mass. Gen. Laws ch. 30A and the Massachusetts Rules of Civil Procedure to the extent incorporated by the Tribunal’s rules.
8.2 Forum Selection & Jurisdiction. Exclusive jurisdiction resides in the [Name of Tribunal]. Arbitration is not available.
8.3 Jury Waiver. No jury right exists in this administrative proceeding.
8.4 Injunctive Relief. The Tribunal retains authority to grant preliminary or permanent injunctive relief as necessary to preserve the status quo or prevent irreparable harm pending final resolution.
9. GENERAL PROVISIONS
9.1 Amendments. This Petition may be amended once as of right within [TIMEFRAME] under Mass. R. Civ. P. 15(a), as applicable; further amendments require leave of the Tribunal.
9.2 Severability. If any provision of this Petition is held invalid, the remaining provisions remain in full force and effect.
9.3 Integration. This document, together with all exhibits, constitutes the complete Petition for Review.
9.4 Electronic Signatures. Signatures transmitted electronically shall be deemed originals.
9.5 Counterparts. This Petition may be executed in counterparts, each of which is deemed an original and all of which together constitute one document.
10. EXECUTION BLOCK
Respectfully submitted this ___ day of _, 20.
[PETITIONER LEGAL NAME]
By: _____
Name: [__]
Title/Capacity: [_]
Address: [_]
Phone: [_]
Email: [_]
Counsel for Petitioner:
[Attorney Name, BBO #______]
[Law Firm]
[Address]
[Phone]
[Email]
CERTIFICATE OF SERVICE
I, [Attorney Name], certify that on _, 20 a true copy of the foregoing Petition was served upon:
- [Agency General Counsel Name & Address]
- [Assistant Attorney General, Administrative Law Division (if required)]
by [method of service, e.g., first-class mail, hand delivery, or electronic service pursuant to Rule __].
[Attorney Name]
[// GUIDANCE: Some Massachusetts tribunals require a Verification by Petitioner or an affidavit under M.G.L. ch. 231, § 6 relative to non-frivolous pleadings. Insert if applicable.]
END OF DOCUMENT