PRACTICING AT THE BUREAU OF SPECIAL EDUCATION APPEALS
If your case is before the BSEA, please refer to the BSEA main web page .
PRACTICING IN DALA'S GENERAL JURISDICTIONS
How To Initiate Your Appeal Or Request A Hearing Before Dala:
This procedure varies depending on which agency is involved. Please contact the agency for information about how to appeal that agency's decision or to request a hearing with respect to an agency's proposed action. Usually, the agency sends you a written notice of the action taken in your case explaining how and when you must file your appeal or request a hearing. OFTEN THERE ARE STRICT TIME LIMITS WITHIN WHICH YOU MUST FILE YOUR NOTICE OF APPEAL OR REQUEST FOR HEARING.
For Public Employee Retirement Cases:
There is no particular form for a Notice of Appeal in a public employee (Contributory Retirement Appeal Board) case. The notice can state: "I hereby appeal the [date] decision of the [Name of the retirement board or PERAC]. It is helpful if you include a copy of the decision being appealed. Send your notice by U.S. Mail or other commercial delivery service to:
Contributory Retirement Appeal Board
c/o Division of Administrative Law Appeals
1 Congress Street, 11th Floor
Boston, MA 02114
You also may send it by telecopier (fax) to: 617-626-7220
THE APPEAL MUST BE FILED WITHIN 15 CALENDAR DAYS FOLLOWING THE DECISION BEING APPEALED
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 telecopier (fax). Filing by mail is the preferred method. Please do not mail and fax the same submission. Our fax number is 617-626-7220.
Proof of Service ( i.e. how to verify that your filing has been sent to all parties in the case, as required):
Anything you file in your case must be sent to all other parties to the case. 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 hearing 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 Request a Recording of a Hearing:
To obtain a copy of the recording of a hearing, send a written request to: Division of Administrative Law Appeals, ATTENTION HEARING RECORDING REQUESTS, 1 Congress Street, Boston, MA 02114. The case name, docket number and hearing date should be included in the letter. If the recording is digital, it will be mailed to you. If the recording is not digital but one of the older audiotapes, 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.
To request access to recordings of a Civil Service Commission hearing, contact the Commission directly at (617) 727-2293.
To have recordings 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 recording.
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