Mass. Gen. Laws » Part I Title VII Chapter 39
Massachusetts General Laws

Mass. Gen. Laws ch. 39, § 23D (2026)

Adjudicatory hearings; attendance by municipal board, committee and commission members; voting disqualification

✓ current as of July 2026
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Section 23D. (a) Notwithstanding any general or special law to the contrary, upon municipal acceptance of this section for 1 or more types of adjudicatory hearings, a member of any municipal board, committee or commission when holding an adjudicatory hearing shall not be disqualified from voting in the matter solely due to that member's absence from no more than a single session of the hearing at which testimony or other evidence is received. Before any such vote, the member shall certify in writing that he has examined all evidence received at the missed session, which evidence shall include an audio or video recording of the missed session or a transcript thereof. The written certification shall be part of the record of the hearing. Nothing in this section shall change, replace, negate or otherwise supersede applicable quorum requirements.

(b) By ordinance or by-law, a city or town may adopt minimum additional requirements for attendance at scheduled board, committee, and commission hearings under this section.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2009–2021 · leading case: Krafchuk v. Plan. Bd. of Ipswich, 453 Mass. 517 (Mass. 2009).
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Krafchuk v. Plan. Bd. of Ipswich, 453 Mass. 517 (Mass. 2009). · cites it 2× “Although it became effective after the proceedings in this case occurred and thus does not control here, G. L. c. 39, § 23D, now provides that, where a municipality has accepted the statutory section, a planning board member who misses a single session of a hearing where…”
Nextsun Energy LLC v. Fernandes (2021). · cites it 3× “On August 19, 2019, he completed a certification under G.L. c. 39, § 23D, certifying that on August 10, 2019 he reviewed both an official audio and video recording of the August 6, 2019, public hearing.”
— Mass. Gen. Laws ch. 39, § 23D(a) — 1 case
Nextsun Energy LLC v. Fernandes (2021). “On August 19, 2019, he completed a certification under G.L. c. 39, § 23D, certifying that on August 10, 2019 he reviewed both an official audio and video recording of the August 6, 2019, public hearing.”
— Mass. Gen. Laws ch. 39, § 23D(b) — 1 case
Nextsun Energy LLC v. Fernandes (2021). “On August 19, 2019, he completed a certification under G.L. c. 39, § 23D, certifying that on August 10, 2019 he reviewed both an official audio and video recording of the August 6, 2019, public hearing.”
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