Massachusetts General Laws

Mass. Gen. Laws ch. 31, § 44 (2026)

Judicial review

✓ current as of July 2026

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Section 44. The commission may institute appropriate proceedings in the superior court for enforcement of its final orders or decisions. Any party aggrieved by a final order or decision of the commission following a hearing pursuant to any section of this chapter or chapter thirty-one A may institute proceedings for judicial review in the superior court within thirty days after receipt of such order or decision. Any proceedings in the superior court shall, insofar as applicable, be governed by the provisions of section fourteen of chapter thirty A, and may be instituted in the superior court for the county (a) where the parties or any of them reside or have their principal place of business within the commonwealth, or (b) where the commission has its principal place of business, or (c) of Suffolk. The commencement of such proceedings shall not, unless specifically ordered by the court, operate as a stay of the commission's order or decision.

Notes of Decisions

Cited in 84 cases (10 in the last 5 years), 1923–2026 · leading case: Brackett v. Civil Serv. Comm'n, 447 Mass. 233 (Mass. 2006).

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Brackett v. Civil Serv. Comm'n, 447 Mass. 233 (Mass. 2006). · cites it 3× “30A, § 14, and G. L. c. 31, § 44. 10 By decision dated October 20, 1998, a judge in the Superior Court (first Superior Court judge) denied the plaintiffs’ *238 motion for judgment on the pleadings with respect to the minority promotions, affirming the commission’s determination…”

Police Dep't of Boston v. Kavaleski, 978 N.E.2d 55 (Mass. 2012). · cites it 3× “The department filed an appeal in the Superior Court, see G. L. c. 31, § 44, arguing that, in reaching its decision, the commission had erroneously relied on expert testimony from an unrelated proceeding.”

Massachusetts Ass'n of Minority Law Enf't Officers v. Abban, 748 N.E.2d 455 (Mass. 2001). · cites it 2× “30A, § 14, and G. L. c. 31, § 44, 14 arguing that it properly considered race in the 1996 promotions.”

Mayor v. Judge of First Dist. Court, 249 Mass. 465 (Mass. 1924). · cites it 4× “The return of the respondent shows that no oral testimony was presented at the hearing here attacked but that by agreement the case was submitted upon the charges made against Fitzpatrick, a stenographic report of the proceedings and evidence before the petitioner acting as…”

City of Cambridge v. Civil Serv. Comm'n, 682 N.E.2d 923 (Mass. App. Ct. 1997). · cites it 2× “” From the commission’s decision, the city took its appeal under G. L. c. 31, § 44, which provides that proceedings “shall, *303 insofar as applicable, be governed by the provisions of [G.”

Murray v. Second Dist. Court of E. Middlesex, 451 N.E.2d 408 (Mass. 1983). · cites it 2× “See G. L. c. 31, § 44, inserted by St. 1978, c.”

Bielawski v. Pers. Adm'r of the Div. of Pers. Admin., 663 N.E.2d 821 (Mass. 1996). · cites it 2× “On November 18, 1987, *461 the commission voted to affirm the personnel administrator’s decision, and on December 31, 1987, the plaintiff amended his complaint in the Superior Court to include a challenge to the commission’s affirmance as a violation of G. L. c. 31, § 44, and G.…”

Hadfield v. McDonough, 407 F.3d 11 (1st Cir. 2005). “(discussing Mass. Gen. Laws ch. 31, § 44 ); see also Herwins, 163 F.”

Andrews v. Civil Serv. Comm'n, 846 N.E.2d 1126 (Mass. 2006). · cites it 2× “On appeal pursuant to G. L. c. 31, § 44, a judge in the Superior Court affirmed, concluding that the findings were supported by “substantial evidence,” and that there was no other error of law.”

City of Leominster v. Stratton, 792 N.E.2d 711 (Mass. App. Ct. 2003). · cites it 2× “G. L. c. 31, § 44. In that court, the proceedings are distinctly not de nova; it is not the occasion for a retrial of the case.”

Sch. Comm. v. Civil Serv. Comm'n, 684 N.E.2d 620 (Mass. App. Ct. 1997). · cites it 3× “The school committee of Brockton then brought an action in the Superior Court naming Wise and the commission as defendants and seeking a review of the commission’s decision pursuant to G. L. c. 31, § 44, and G. L. c. 30A, § 14.”

Albert v. Mun. Court of the City of Boston, 446 N.E.2d 1385 (Mass. 1983). “2 The Municipal Court of the City of Boston upheld the commission’s decision after review pursuant to G. L. c. 31, § 44 (as appearing in St. 1978, c.”

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