Practicing at DALA
HOW TO INITIATE YOUR APPEAL.
This procedure varies depending on which agency is involved. Please contact the agency for information about how to appeal that agency's decision. Usually, the agency sends you a written notice of the action taken in your case explaining how and when you must file your appeal.
RULES OF PROCEDURE.
DALA hearings are conducted pursuant to the Standard Rules of Adjudicatory Practice and Procedure, codified in 801 CMR 1.01 et seq. The procedures on this page are based on these regulations as well as agency policy.
HOW TO FILE PLEADINGS (i.e. how to submit documents or requests to DALA).
There are three ways to file: by mail, by hand delivery (including commercial delivery services) and by fax. Filing by mail is the preferred method. Please do not mail and fax the same submission.
PROOF OF SERVICE (i.e. how to verify that your filing has been sent to all parties in the case, as required).
All submissions to DALA must include a statement that it has been sent to every other party in the case. Any submission without this statement will be returned.
HOW TO REQUEST A CONTINUANCE (i.e. how to get your court date postponed).
Continuances will be granted only for good cause. To request a continuance, you (the party seeking the continuance or "the moving party") should submit a written request (a "motion") at least seven (7) days before the event. Whenever possible, you should consult all other parties before the request is submitted, to determine if another party is opposed to postponement. The written request should state whether any party opposes the request. In the ordinary course, if a request for a continuance is not assented to, it will not be ruled upon until the time for filing any opposition has run.
Emergency motions to continue may be submitted less than seven (7) days in advance. Such a motion should be entitled “Emergency Motion to Continue” and should explain in detail (1) why the motion could not have been filed sooner; (2) which, if any, other parties are opposed to the request; and (3) if you do not know another party's position, what steps you have taken to contact that party and determine his/her/its position.
HOW TO OBTAIN A COPY OF THE TAPES OF A HEARING.
To obtain a copy of the tape(s) of a hearing, send a written request to: Division of Administrative Law Appeals, ATTENTION TAPE REQUESTS, 98 North Washington Street, 4th Floor, Boston, MA 02114. The case name, docket number and hearing date should be included in the letter. You will receive an acknowledgement of the request which includes an estimate of the cost of duplicating the tapes (approximately $25.00 per tape). DALA will send the hearing tape(s) to the vendor for duplication. You must pay the vendor directly. The vendor will forward a copy of the tape to the requesting party only after the vendor has received payment.
Anyone can listen to the tape(s) of a DALA hearing at DALA's office at no cost by submitting a written request to: Division of Administrative Law Appeals, ATTENTION TAPE REQUESTS, 98 North Washington Street, 4th Floor, Boston, MA 02114. Upon receipt, DALA staff will contact the requesting party to schedule a mutually convenient time when the tapes and appropriate space will be available.
To request access to recordings of a Civil Service Commission hearing, contact the Commission directly at (617) 727-2293.
To have hearing tapes transcribed for use in future proceedings, you should have the transcription made by a Massachusetts certified transcription specialist once you have received your copies of the tapes.