Massachusetts General Laws

Mass. Gen. Laws ch. 22C, § 43 (2026)

Persons affected by orders of department; appeals

✓ current as of July 2026

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Section 43. Any person affected by an order of the department or of a division or officer thereof, may, within such times as the colonel may fix, which shall not be less than ten days after notice of such order, appeal to the colonel who shall thereupon grant a hearing, and after such hearing the colonel may amend, suspend or revoke such order. Any person aggrieved by an order approved by the colonel may appeal to the superior court; provided, that such appeal is taken within fifteen days from the date when such order is approved or made. The superior court shall have jurisdiction in equity upon such appeal to annul such order if found to exceed the authority of the department or upon petition of the colonel to enforce all valid orders issued by the department. Nothing herein contained shall be construed to deprive any person of the right to pursue any other lawful remedy.

Notes of Decisions

Cited in 13 cases (3 in the last 5 years), 1997–2025 · leading case: Greaney v. Colonel, Dep't of State Police, 756 N.E.2d 44 (Mass. App. Ct. 2001).

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Greaney v. Colonel, Dep't of State Police, 756 N.E.2d 44 (Mass. App. Ct. 2001). · cites it 2× “He sought and obtained a hearing pursuant to G. L. c. 22C, § 43. The hearing officer upheld the demotion order, and Greaney, in accordance with c.”

Bickford v. Colonel, Dep't of State Police, 920 N.E.2d 905 (Mass. App. Ct. 2010). · cites it 3× “In August, 2006, Bickford appealed the suspension and sought a hearing pursuant to G. L. c. 22C, § 43. 3 The hearing was held, and thereafter, a hearing officer issued a comprehensive report in which he found, among other things, that two firearms last seen in Bickford’s custody…”

Devereaux v. Colonel of the Massachusetts State Police, 23 Mass. L. Rptr. 595 (Mass. Super. Ct. 2008). · cites it 7× “On June 15, 2006, a hearing was held pursuant to G.L.c. 22C, §43, in front of the Colonel’s designee, Lieutenant Colonel John P.”

Flaherty v. Delaney, 24 Mass. L. Rptr. 285 (Mass. Super. Ct. 2008). · cites it 7× “Utilizing the procedures set forth in G.L.c. 22C, §43, Flaherty appealed to the Colonel of the State Police.”

John F. Adams v. Superintendent, Dep't of State Police & Another (Mass. App. Ct. 2025). · cites it 4× “Adams requested review of his suspension pursuant to G. L. c. 22C, § 43 (§ 43 hearing). Following that hearing, the superintendent (colonel) of the Department of State Police (department) upheld the duty status hearing decision.”

John F. Adams v. Superintendent, Dep't of State Police & Another (Mass. App. Ct. 2025). · cites it 4× “Adams requested review of his suspension pursuant to G. L. c. 22C, § 43 (§ 43 hearing). Following that hearing, the superintendent (colonel) of the Department of State Police (department) upheld the duty status hearing decision.”

Sullivan v. Superintendent, 102 N.E.3d 1032 (Mass. App. Ct. 2018). · cites it 2× “Sullivan appealed the board's decision to the colonel under G. L. c. 22C, § 43, which provides any person aggrieved by an order of the department, or of a division or officer thereof, with a right of appeal to the colonel.”

Perez v. Dep't of State Police (Mass. 2023). · cites it 2× “487 , 495 (2020) (G. L. c. 22C, § 43, expressly creates "internal appellate right[]" to hearing before colonel that "provide[s] State police troopers protection against less significant forms of discipline").”

Turco v. Robbins, 20 Mass. L. Rptr. 575 (Mass. Super. Ct. 2006). · cites it 3× “This case involves an appeal brought pursuant to G.L.c. 22C, §43 by Daniel Turco (Turco), a State Police Trooper and Executive Board Member of the State Police Association of Massachusetts (SPAM).”

Gray v. Foley, 26 Mass. L. Rptr. 239 (Mass. Super. Ct. 2009). · cites it 3× “Foley”), formerly Colonel of the Massachusetts Department of State Police (“State Police”), seeking judicial review, pursuant to G.L.c. 22C, §43, of Col. Foley’s order upholding his predecessor’s decision to demote Gray from major to captain in the wake of allegations that Gray…”

Greaney v. Hillman, 7 Mass. L. Rptr. 437 (Mass. Super. Ct. 1997). · cites it 3× “G.L.c. 22C, §43 provides, in relevant part: Any person aggrieved by an order [of the department] may appeal to the superior court .”

Rand v. Hillman, 9 Mass. L. Rptr. 191 (Mass. Super. Ct. 1998). “On April 18, 1998, pursuant to G.L.c. 22C, §43, plaintiff requested a hearing regarding the Department’s denial of his appeal.”

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