211 CMR, § 91.12

Current through Register 1536, December 6, 2024
Section 91.12 - Appeals
(1) Appeal of decisions where the Presiding Officer is a person other than the Commissioner. Any person aggrieved by any finding, ruling or decision rendered upon a hearing held before a Presiding Officer other than the Commissioner may, within three days after receipt of such finding, ruling or decision or such further time as may be allowed by the Commissioner, appeal to the Commissioner, who shall review the case and who may modify, affirm or reverse such finding, ruling or decision.
(2) Review by the Commissioner. Upon the docketing of an appeal, the Commissioner shall set a date for the filing by the aggrieved party of a brief which shall state the grounds for the appeal and the remedy requested. The failure to file a brief within the time allotted shall be considered a waiver of the right to appeal. The Commissioner shall notify all other parties of the filing of an appeal and of the date upon which the appellant's brief is to be submitted. The Commissioner shall give other parties an opportunity to submit briefs by designating a date therefor. Notwithstanding the preceding sentence, if the Commissioner determines, following a review of the record, that the appeal is without substantial merit, he may dispose of such appeal without requesting briefs from the other parties. Prior to making any decision, the Commissioner may, in his discretion, request all parties to attend a conference to review and discuss the appeal.

211 CMR, § 91.12