Section 15.08 - Involuntary Withdrawals from Certification; Procedures for Hearings and Appeals(1) The following may initiate an action for denial of, removal from, or orders for M.G.L. c. 61 classification:(a) The Board of Assessors of the town in which the subject parcel is located may appeal to the Department as follows:1. if, in their judgment, the land is not entitled to or does not qualify for certification or classification under M.G.L. c. 61;2. if, in their judgment, the land is not being managed in accordance with an approved forest management plan; or3. if, in their judgment, the land is being used for purposes incompatible with the forest production.(b) The Department may initiate a proceeding for declassification on its own initiative when it learns that:1. the land is not being managed in compliance with the certified management plan;2. the owner has failed to comply with the law or rules and regulations published pursuant thereto; or3. the land does not otherwise qualify under the provisions of M.G.L. c. 61.(2) In the case of an appeal brought by the assessors, the assessors shall, on or before December 1st, submit such written appeal to the Department, sent by certified mail to 251 Causeway Street, Boston, MA 02114, in an envelope clearly marked on its face "APPEAL UNDER CHAPTER 61", with a copy to the affected owner, setting forth the reasons for such appeal, the address or location of the subject parcel, the name and address of the current owner of the subject parcel, the assessors map and lot number(s) of the subject parcel, and, if available to the assessors, the certificate number.(3) In the case of a proceeding brought by the Department, the Department shall, on or before December 1st, provide written notice of such proceeding, sent by certified mail to the owner, with a copy to the assessors, setting forth the reasons for the proposed removal from classification.(4) The Department shall investigate the appeal of the assessors, or the proceeding for removal brought on its own initiative, and issue a decision denying certification and classification, removing land from certification and classification, or granting or confirming certification and classification, subject to any terms or conditions it deems reasonable, on or before March 1st, sending copies by certified mail to the owner and the assessors.(5) The owner or assessor may appeal the Department's decision and request a hearing on or before April 15th. Such written appeal shall be submitted to the Department on or before December 1st, sent by certified mail to DCR Headquarters (251 Causeway Street, Boston, MA 02114), in an envelope clearly marked on its face "APPEAL UNDER CHAPTER 61", with a copy to the assessors or the owner, as appropriate, and shall set forth the reasons for such appeal. In the event no appeal is received by the Department from the assessors or the owner on or before April 15th immediately following the date of the issuance of the Department's decision, the Department's decision becomes final and binding on the assessors and the owner.(6) Upon timely receipt of the appeal and request for a hearing, the Department shall take all necessary administrative actions on or before May 15th, to constitute a panel that will hear and decide the subject of the appeal. The panel shall consist of three members: one nominated by the Department, one nominated by the assessors, and one selected by the other two in accordance with 302 CMR 15.08(6). When so notified in writing by the Department or its nominee, the assessors shall within ten days respond to DCR Headquarters (251 Causeway Street, Boston, MA 02114) in writing with the name of the assessors' nominee. With the administrative assistance of the Regional Office, said two nominees shall meet or otherwise confer and within seven days agree on a third panel member who shall serve as chair of the panel. The chair shall then utilize the administrative services of the Regional Office to set a time and place for the hearing and to properly notify the parties.(7) In the event the assessors fail to nominate a panel member within the ten day period, the Department shall nominate and select that member. If the Department's and assessors' nominees (or, in the event of the assessors' failure to nominate a member, the two nominees of the Department) fail to within seven days agree on and designate a third member to serve as chair, then the Department shall select the third member to serve as chair of the panel. When fully constituted, the panel shall give at least seven days written notice to the parties by certified mail of an established hearing date. The panel shall commence the hearing on or before June 15th, or by a date set by mutual agreement of the parties.(8) No panel member shall serve as witness or in any other capacity at a hearing before the panel of which he or she is a member. The panel shall convene and hold the hearing in accordance with the provisions of M.G.L. c. 30A, may establish its own guidelines, and shall arrange for recording proceedings and preparing and furnishing transcripts as required by law and its own procedures. The Regional Office of the Department shall provide administrative and support services at cost to the party bringing the appeal or requesting said services.(9) The panel shall issue a final decision: (a) denying certification or classification;(b) granting or confirming certification and or ordering classification of the subject parcel and recording a lien thereon, imposing such terms and conditions deemed reasonable to carry out the purposes of M.G.L. c. 61; or(c) ordering removal of some or all of the subject parcel from classification. Copies of the final decision shall be sent to the Department, the assessors and the owner, by certified mail, within ten business days after the conclusion of the hearing or any continuation thereof.
(10) Within 45 days of the final decision, the owner or assessors may petition the superior court in the county in which the subject parcel is located for review of the decision under the provisions of M.G.L. c. 30A, or the appellate tax board under the provisions of M.G.L. c. 58A. Land shall not be classified, and forest land shall not be withdrawn from classification, until the final determination of such petition.Adopted by Mass Register Issue 1340, eff. 6/2/2017.