Complaint for Judicial Review - Massachusetts

COMPLAINT FOR JUDICIAL REVIEW

Filing Gate

Use this complaint when an aggrieved person seeks review of a final agency decision in an adjudicatory proceeding and no different statutory review form controls. M.G.L. c. 30A, § 14.

The action ordinarily must begin within 30 days after receipt of notice of the final decision, or within 30 days after receipt of a timely rehearing denial. An application made within that period may seek a good-cause extension. M.G.L. c. 30A, § 14(1).

Court Caption

COMMONWEALTH OF MASSACHUSETTS

SUPERIOR COURT DEPARTMENT

[________________________________] COUNTY

Civil Action No.: [________________________________]

COMPLAINT FOR JUDICIAL REVIEW

(M.G.L. c. 30A, § 14)

1. Parties and Decision

1. Plaintiff [________________________________] resides or has a principal place of business at [________________________________].

2. Defendant [________________________________] is a Massachusetts agency with its principal office at [________________________________].

3. The agency issued its final decision in Matter No. [________________________________] on [__/__/____]. Plaintiff received notice on [__/__/____]. A copy is attached as Exhibit A.

4. Plaintiff is aggrieved because [________________________________].

2. Jurisdiction, Venue, Timeliness, and Exhaustion

5. No statute supplies a different form of judicial review, or the following statute incorporates the Chapter 30A standards: [________________________________].

6. Venue is proper in this county because [a plaintiff resides or has a principal place of business here / the agency has its principal office here / this is Suffolk County].

7. This action is timely because [________________________________].

8. Plaintiff exhausted the required administrative remedies by [________________________________].

9. The agency parties who must be served under M.G.L. c. 30A, § 14(2) are listed in Exhibit B.

3. Grounds for Review

Plaintiff alleges that substantial rights may have been prejudiced because the decision is:

☐ In violation of constitutional provisions
☐ In excess of the agency's statutory authority or jurisdiction
☐ Based on an error of law
☐ Made upon unlawful procedure
☐ Unsupported by substantial evidence
☐ Unwarranted by facts in a matter requiring independent findings
☐ Arbitrary or capricious, an abuse of discretion, or otherwise not in accordance with law

Supporting allegations and record citations: [________________________________]

Review is without a jury and ordinarily confined to the agency record. M.G.L. c. 30A, § 14(5).

4. Stay and Relief

Commencing the action does not stay enforcement. The agency may stay its decision, and the Court may order a stay on proper terms. M.G.L. c. 30A, § 14(3).

Plaintiff:

☐ Does not seek a stay
☐ Requests an agency stay
☐ Requests a court stay, supported by [________________________________]

Plaintiff asks the Court to affirm, remand, set aside, modify, or compel action as authorized by M.G.L. c. 30A, § 14(7), and to grant other lawful relief.

Signature

Dated: [__/__/____]

Signature: ______________________________
[Attorney Name], BBO No. [________]
[Law Firm / Address / Telephone / Email]
Attorney for Plaintiff

Certificate of Service

I certify that the summons and complaint were served on the Agency and each party to the agency proceeding in accordance with the Massachusetts Rules of Civil Procedure and M.G.L. c. 30A, § 14(2).

Dated: [__/__/____]

Signature: ______________________________

Filing Checklist

☐ Specific statutory review route checked
☐ Finality and aggrievement confirmed
☐ Thirty-day deadline calculated from receipt
☐ Correct Superior Court county selected
☐ Agency and every agency-proceeding party identified for service
☐ Final decision attached
☐ Required issues preserved and remedies exhausted
☐ Separate stay request prepared if needed
☐ Superior Court and civil-procedure rules checked

Sources and References

• M.G.L. c. 30A, § 14: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIII/Chapter30A/Section14