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May 17, 2024 Clouds | 58°F
The 193rd General Court of the Commonwealth of Massachusetts

Section 11: Adjudicatory hearings; judicial review

Section 11. Any person aggrieved by a determination by the department to issue, deny, modify, revoke or suspend any license or approval, or to issue an order, under the provisions of this chapter, may request an adjudicatory hearing before the department under the provisions of chapter thirty A. Any such determination shall contain a notice of this right to request a hearing and may specify a time limit, not to exceed twenty-one days, within which said person shall request said hearing. If no such request is timely made, the determination shall be deemed assented to. If a timely request is received, the department shall within a reasonable time act upon a request in accordance with the provisions of said chapter thirty A.

If, in making a determination which under the provisions of the preceding paragraph may be the subject of an adjudicatory hearing, the department finds that an imminent threat to the public health or safety, or to the environment could result pending the conclusion of the adjudicatory hearing requested thereon, the department may order that the determination become provisionally effective and enforceable immediately upon issuance, and shall remain so notwithstanding and until the conclusion of any adjudicatory hearing procedures.

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