There are a number of specific statutes that confer appellate jurisdiction to the single justice over administrative decisions. A discussion of the most frequently filed appeals follows.
General Laws c. 112, §64, provides, in pertinent part, that the "supreme judicial court, upon petition of a person whose certificate, registration, license, authority has been suspended, revoked or canceled, may enter a decree revising or reversing the decision of the board . . . ." These matters involve a wide variety of orders affecting the status of professional licenses. After the petition is filed, the record must be assembled and filed by the board of registration with the clerk. The parties often work with the clerk's office in setting a briefing schedule after the record is filed.
General Laws c. 25, §5, in pertinent part, allows an appeal to the county court from the final decision of the Department of Telecommunications and Energy (formerly the Department of Public Utilities). It is incumbent upon the department to file the record of proceedings with the clerk. As in appeals from boards of registration, the parties will set a briefing schedule with the assistance of the clerk's office.
Practice Note: Some portion of these appeals are reserved and reported to the full court where there are pure questions of law. After the record is filed with the clerk, the parties typically discuss a joint motion to reserve and report the case to the full court. There can be no dispute of facts and the parties are customarily expected to present an agreed statement of facts.
Other statutes granting appellate jurisdiction in administrative appeals include those involving certain decisions by the commissioner of insurance. See G. L. c. 175, §113B; G. L. c. 175E, §13; G. L. c. 176A, §5.
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