Mass. Gen. Laws ch. 30, § 5

Conflicting orders or regulations; appeal to governor and council

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Section 5. In all cases where a question arises between executive or administrative departments, or officers or boards thereof, as to their respective jurisdictions or powers, or where such departments, or officers or boards thereof, issue conflicting orders or make conflicting rules and regulations, the governor and council may, on appeal by any such department or by any person affected thereby, determine the question, and order any such order, rule or regulation amended or annulled; provided, that this section shall not deprive any person of the right to pursue any other lawful remedy. The time within which such appeal may be taken shall be fixed by the governor and council.

Notes of Decisions

Cited in 4 cases, 1968–2003 · leading case: Sierra Club v. Commissioner of the Department of Environmental Management

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Sierra Club v. Commissioner of the Department of Environmental Management (2003) mass · cites it 2× “They suggest that the proper course would have been an appeal to the Governor and the Executive Council under G. L. c. 30, § 5, which allows for such an appeal when a question or conflict over orders or rules arises between an executive department and its board.”

Department of Community Affairs v. Massachusetts State College Building Authority (1979) mass · cites it 2× “The only interests of the Department apparent to us are in vindicating its own power and in helping those claimants, thus far hypothetical and unidentified, who may someday come forward in response to this and other acquisitions by the Authority. The first of these interests, it…”

Justices to the Governor (1974) mass · cites it 4× “*840 The Secretary of Environmental Affairs thereupon wrote a memorandum to the Governor (also attached to the request) stating his disagreement with the Secretary of Consumer Affairs and requesting, pursuant to G. L. c. 30, § 5, that the Governor resolve their dispute.”

Opinion of the Justices to the Governor (1968) mass · cites it 2× “This letter gives the issues at length with legal citations, and concludes with a suggestion that the Governor, acting under G. L. c. 30, § 5, determine whether the Commissioner should comply with the requests and with such further authorized requests of a similar nature as may…”

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