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Mass DEP Appeals Process

Appeals process for MA DEP according to the State website.

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Mike Fay
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367 views8 pages

Mass DEP Appeals Process

Appeals process for MA DEP according to the State website.

Uploaded by

Mike Fay
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF or read online on Scribd
0 EMERGENCY ALERTS ‘Show Coronavirus Update ¥ [Link] About the MassDEP Appeals Process Learn more about the adjudication of appeals through the Office of Appeals and Dispute Resolution (ADR), Notices & Alerts Hide Notices & Alerts MassDEP's office buildings are currently closed to the public. | un. 18 2021, 1207 am OADR Overview (#-oadr-overview) Appeals: Frequently Asked Questions (#-appeais~frequent\[Link]) Alternative Dispute Resolution (#-aternative-dispute-resolution Policies and Directives (#-policies-and-directives) Forms (forms) OADR Overview The Office of Appeals and Dispute Resolution ("OADR’) is responsible for receiving all adjudicatory appeals ‘of MassDEP's permitting and enforcement decisions. The OADR is a separate and independent office of MassDEP’s program offices, Regional Offices, and Office of General Counsel ("OGC"). OADR is staffed by Case Administrators, an Administrator of Alternative Dispute Resolution (‘ADR’), and Presiding Officers. Presiding Officers in OADR are experienced attorneys at MassDEP appointed by MassDEP’s Commissioner to serve as neutral hearing officers. They are responsible for facilitating settlement discussions between the parties, holding pre-hearing conferences, conducting adjudicatory hearings to resolve appeals pursuant to 310 CMR 1.00 (/requiations/310-Cian-100-adjudicatory-proceedingsjin a neutral, fair, timely, and sound matter based on the governing law and facts of the case. Additionally, OADR Presiding Officer issue Recommended Final Decisions in appeals, which are subject to review by MassDEP's Commissioner pursuant to 310 CMR 1.01(14). Under the regulation, the Commissioner may issue a Final Decision adopting, modifying, or rejecting a Recommended Final Decision. All Final Decisions may be subject to judicial review pursuant to G.L.c. 30A, § 14 (httpsu/[Link]/Laws/GeneralLaws/PartiitleltChapter30A/Section?4). ‘The Office also leads the Department's Alternative Dispute Resolution (ADR) Program and ADR Committee, coordinating dispute resolution services for adjudicatory appeal cases and other matters for the agency. Through the agency's ADR Committee, the Office provides outreach and training for department staff to increase the agency's capacity to use various dispute resolution tools, including mediation, fact-findi negotiation, g and Key Actions How to File an Appeal with OADR Unow-toffile-an-appeal-with-massdeps-offce-of-appeals-and.-dispute-esolution) Appeals: Frequently Asked Questions How does an appeal begin? () ‘An adjudicatory hearing begins with the submission of a request for an adjudicatory hearing (or notice of claim) to the Office of Appeals and Dispute Resolution. A request for an adjudicatory hearing must be filed with the OADR within the time prescribed by any applicable provision of law. Check the provisions of law applicable to the document being appealed. If there is no specific prescribed time period, a notice of claim must be filed within 21 days from the date that the notice of Department action was sent. Consult the document being appealed for detailed information and instructions. ‘A $100 fee must be paid for each appeal. There is a reduced fee of $25 if you are requesting a simplified hearing. If the person requesting an adjudicatory hearing is a town, a municipal agency, a county or a municipal housing authority, there is no fee. For more information on the adjudicatory hearing filing fee and the grounds on which the Department may waive the fee, see 310 CMR 4.06 (4001310-cmr-400timely-action-schedule-and-fee-provisions) Failure to pay the appeals fling fee may be grounds for dismissal of the notice of claim, What information must be included in a request for a hearing?) A number of requirements may apply, depending on the document you wish to appeal. The adjudicatory hearing rules specify the general information you must include in a request for an adjudicatory hearing, and individual program regulations have separate requirements. Check the following sources: 1, The permit, order or penalty assessment notice being appealed. Look for the statement of appeal rights, usually at the end of the document. 2. The MassDEP Adjudicatory Hearing Regulations; see, in particular, 310 CMR 1.01(6)(b), which requires. ‘among other things that a copy of the appealed document be included with the request for an appeal. The request must also include sufficient facts to demonstrate the requester’s status as aggrieved person, abutter, ten resident group, etc., and demonstrate previous participation, where required, 3, The substantive regulations that apply. For example: © For wetlands permit appeals (appeals of superseding orders of conditions or superseding determinations of applicability), see 310 CMR 10.05(7)({)(t4oc/310-

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