Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. Section 5 of chapter 36 of the acts of 1976 is hereby amended by adding the following paragraph:-
(f) The provisions relating to adjudicatory proceedings in chapter thirty A of the General Laws, except for section nine and the provisions of paragraph (1) of the third paragraph of section fourteen which relates to the court in which judicial review may be sought, shall be applicable to the adjudicatory hearings held by the board.
SECTION 2. Section 8 of said chapter 36 is hereby amended by striking out paragraph (d).
SECTION 3. Said chapter 36 is hereby further amended by striking out section 10 and inserting in place thereof the following section:-
Section 10. (a) Any person who is aggrieved by any action, regulation or order of the board may file a complaint for judicial review against the board either in the third eastern Middlesex division of the district court department or the superior court department for Middlesex county. If the complaint is filed in the third eastern Middlesex division of the district court department, said court shall be authorized to take such action with respect thereto as is provided in the case of the superior court under the provisions of chapter two hundred and thirty-one A of the General Laws, except that section three of said chapter two hundred and thirty-one A shall not apply. Judicial review of adjudicatory decisions shall be conducted in accordance with section fourteen of chapter thirty A of the General Laws. Judicial review of regulations shall be in accordance with section seven of said chapter thirty A.
(b) The third eastern Middlesex division of the district court department and the superior court department for Middlesex county shall have concurrent original jurisdiction over actions arising out of the provisions of section eleven. Notwithstanding any other provision of law relating to appeals, appeal from the judgment of whichever court enters the judgment either under the provisions of section ten or eleven shall be to the appeals court.
SECTION 4. Section 11 of said chapter 36 is hereby further amended by adding the following paragraph:-
(d) The board may elect to enforce the provisions of this or any rule or regulation promulgated hereunder either in a civil action for damages for declaratory or injunctive relief or under the provisions of section twelve.