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The 191st General Court of the Commonwealth of Massachusetts

Section 190: Hearings; powers of board of real estate appraisers; disciplinary decisions; review of questions of law

Section 190. A. The hearing on any charge or violation of this chapter shall be at a time and place prescribed by the board and shall be conducted in accordance with the provisions of chapter thirty A.

B. The board shall have the power to sue and be sued in its official name as an agency in the commonwealth; to administer oaths; to take testimony and receive evidence concerning all matters within its jurisdiction. In case of disobedience of a subpoena, the board may apply to any court of the commonwealth to require the attendance and testimony of witnesses and the production of documentary evidence. The board, its members and agents, shall be immune from personal liability for actions taken in good faith in the discharge of their responsibilities, and the commonwealth shall hold the board, its members and agents, harmless from all costs, damages and attorneys fees arising from claims and suits against them with respect to matters to which such immunity applies.

C. If the board determines that a state-certified general real estate appraiser, state-certified residential real estate appraiser or state-licensed real estate appraiser has violated any of the provisions of this chapter, it shall prepare a finding of fact and recommend that the appraiser be reprimanded or that his certification or license be suspended or revoked. The decision and order of the board shall be final except as provided in subsection D.

D. Any final decision or order of the board shall be reviewable by the superior court as to questions of law only. Any application for review by said court made by an aggrieved party shall be filed within thirty days after the final decision of the board.