211 CMR, § 110.11

Current through Register 1533, October 25, 2024
Section 110.11 - Appeals
(1)Appeal of Decisions to the Commissioner. Any person aggrieved by a final decision in a Proceeding conducted by a Presiding Officer designated by the Commissioner, which the Commissioner has not affirmed, may appeal the decision to the Commissioner, pursuant to M.G.L. c. 26, § 7.
(2)Review by the Commissioner. Upon the docketing of an appeal under M.G.L. c. 26, § 7, the Commissioner shall set a date by which the aggrieved person must file a brief which states the grounds for the appeal and the relief requested. A person who fails to timely file a brief thereby waives its right to appeal. The Commissioner shall notify all parties of the appeal, and of the filing date for the appeal brief. If the Commissioner determines, upon review of the brief and the record, that the appeal is without substantial merit, he or she may issue a decision on it. Otherwise, the Commissioner shall set a filing date for briefs b y p a r ties to the Proceeding and shall issue a decision after that d ate. The Commissioner may modify, affirm or reverse the Presiding Officer's decision, in whole or in part.

211 CMR, § 110.11