Section 10. In conducting adjudicatory proceedings, as defined in this chapter, agencies shall afford all parties an opportunity for full and fair hearing. Unless otherwise provided by any law, agencies may (1) place on any party the responsibility of requesting a hearing if the agency notifies him in writing of his right to a hearing and of his responsibility to request the hearing; (2) make informal disposition of any adjudicatory proceeding by stipulation, agreed settlement, consent order or default; (3) limit the issues to be heard or vary the procedures prescribed by section eleven, if the parties agree to such limitation or variation; and (4) allow any person showing that he may be substantially and specifically affected by the proceeding to intervene as a party in the whole or any portion of the proceeding, and allow any other interested person to participate by presentation of argument orally or in writing, or for any other limited purpose, as the agency may order.
When a party to an adjudicatory proceeding has the opportunity, by provision of any law or by regulation, to obtain more than one agency hearing on the same question, whether before the same agency or before different agencies, it shall be sufficient if the last hearing available to the party complies with the requirements of this chapter, and the earlier hearings need not so comply.
When a party has the opportunity to obtain an agency hearing, followed by one or more appeals before the same agency or before different agencies, such appeals being limited to the record made at the hearing, the appeal procedure need not comply with any requirement of this chapter for the conduct of adjudicatory proceedings except paragraphs (7) and (8) of section eleven.
When, under a provision of any law, a hearing is required only upon direction of an agency or upon request made in accordance with such provision by a person entitled to make such request, the requirements of this chapter governing the conduct of adjudicatory proceedings shall not apply unless and until such direction or request is in fact made.
Notes of Decisions
City of Revere v. Massachusetts Gaming Comm'n, 71 N.E.3d 457 (Mass. 2017).
“30A, § 1 (1), with specific consequences regarding, for instance, how the healing is conducted, see G. L. c. 30A, §§10, 11. As discussed in more detail in the text, the term “quasi judicial proceeding” has a substantially broader and more flexible meaning than the term…”
Attorney Gen. v. Dep't of Pub. Utils., 455 N.E.2d 414 (Mass. 1983).
· cites it 2× “" The issue of Robinson's participation as a party was within the broad discretion of the department under G.L.c. 30A, § 10, cl. (4), as appearing in St.”
Town of Warren v. Hazardous Waste Facility Site Saf. Council, 466 N.E.2d 102 (Mass. 1984).
· cites it 2× “30A, § 1 (1), but that because the rights, duties, and privileges affected by the Department’s decision were those of a public agency acting in its public capacity, the proceedings were not adjudicatory.”
Save the Bay, Inc. v. Dep't of Pub. Utils., 322 N.E.2d 742 (Mass. 1975).
· cites it 2× “6 Pursuant to G. L. c. 30A, § 10, the Department may “allow any person showing that he may be substantially and specifically affected by the proceeding to intervene as a party in the whole or any portion of the proceeding, and allow any other interested person to participate by…”
Hercules Chem. Co. v. Dep't of Env't Prot., 925 N.E.2d 53 (Mass. App. Ct. 2010).
· cites it 2× “30A, § 13, the revocation of a license entitles the license holder to an adjudicatory hearing in conformity with G. L. c. 30A, §§ 10, 11, and 12. Nor are we detained long by the hearing officer’s conclusion that Hercules’s challenge to the initial delisting determination was…”
Attorney Gen. v. Comm'r of Ins., 878 N.E.2d 554 (Mass. 2008).
“The Attorney General argues that the commissioner incorporated new fact evidence and then issued her August 11 decision without a required hearing, argument, or opportunity for cross examination, in violation of G. L. c. 30A, §§ 10 and 11 (3). We agree with the commissioner that…”
Madera v. Sec'y of the Exec. Off. of Communities & Dev., 636 N.E.2d 1326 (Mass. 1994).
· cites it 5× “30A, §§ 10 & 11, on appeals from decisions of local housing authorities denying eligibility for housing,” and prescribing how an authority and the EOCD can communicate when a review of a housing application is pending.”
Rivas v. Chelsea Hous. Auth., 982 N.E.2d 1147 (Mass. 2013).
“However, G. L. c. 30A, § 10, states: “When a party has the opportunity to obtain an agency hearing, followed by one or more appeals before the same agency or before different agencies, such appeals being limited to the record made at the hearing, the appeal procedure need not…”
Mass. Gen. Laws ch. 30A, § 10(1): 2 cases
Hercules Chem. Co. v. Dep't of Env't Prot., 925 N.E.2d 53 (Mass. App. Ct. 2010).
“30A, § 13, the revocation of a license entitles the license holder to an adjudicatory hearing in conformity with G. L. c. 30A, §§ 10, 11, and 12. Nor are we detained long by the hearing officer’s conclusion that Hercules’s challenge to the initial delisting determination was…”
Mass. Gen. Laws ch. 30A, § 10(3): 1 case
Mass. Gen. Laws ch. 30A, § 10(4): 1 case
Mass. Gen. Laws ch. 30A, § 10(l): 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.