§ 12 — Adjudicatory hearing; judicial review

Massachusetts § 12

• Jurisdiction: Massachusetts
• Part I: ADMINISTRATION OF THE GOVERNMENT
• Title II: EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE COMMONWEALTH
• Ch. 21G: MASSACHUSETTS WATER MANAGEMENT ACT

Text

Section 12. Any person aggrieved by a decision of the department with respect to a permit application or an addition to an existing withdrawal may request an adjudicatory hearing before the department under the provisions of chapter thirty A. Any such decision shall contain a notice of this right to request a hearing and shall specify a time limit of twenty-one days, within which aggrieved persons may request such a hearing. If no such request is timely made, the decision shall be deemed assented to. If a timely request is received, the department shall, within a reasonable time, act upon the request in accordance with the provisions of chapter thirty A. A person aggrieved by a final decision in an adjudicatory hearing held under the provisions of this section shall be entitled to judicial review thereof in the superior court, in accordance with chapter thirty A; provided, however, that in any action seeking judicial review pursuant to this section, the court in which such action is pending may appoint a master to investigate and report on any scientific or hydrological issue relevant to a question of law presented in the case.