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The 192nd General Court of the Commonwealth of Massachusetts

Section 19H: Adjudicatory hearings; judicial review

Section 19H. Any person aggrieved by a determination by the board and who has legal standing to do so, may request an adjudicatory hearing before the board if the determination is made in an adjudicatory proceeding as that term is defined and used in chapter thirty A. Any such determination shall contain a notice of the right to request a hearing and may specify a reasonable time limit, not to exceed twenty-one days, within which said person shall request such hearing. If no such request is timely made, the determination shall be deemed assented to. If a timely request is received, the board shall, within a reasonable time, act upon such request. All adjudicatory proceedings before the board shall be conducted in accordance with all provisions of chapter thirty A governing the conduct of adjudicatory proceedings.

If in making a determination subject to this section, the board finds that an imminent threat to public health or safety or to the environment could result during the pendency of an adjudicatory proceeding, the board may order that the determination become provisionally effective and enforceable immediately upon issuance, and shall remain so notwithstanding and until the conclusion of the adjudicatory proceeding, unless the board orders otherwise during the course of the adjudicatory proceeding.

Any person aggrieved by a final decision of the board in an adjudicatory proceeding held pursuant to this section may obtain judicial review thereof pursuant to the provisions of chapter thirty A.