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Cases Closed
MassDEP Adjudicatory Appeals Case Reform Cuts Time To Resolve Cases, Hikes Number of Cases Closed Each Year
 The MassDEP Prescreening Program for administrative appeals has been a success during the first 28 months of its implementation, dramatically reducing the time it takes to resolve the majority of cases and increasing the total number of cases closed each year.
Beginning in January 2004, MassDEP implemented a number of changes designed to speed up the resolution of administrative appeals. The Prescreening Program administered by MassDEP's Office of Appeals and Dispute Resolution is at the heart of the recent changes to the adjudicatory process.
Under the prescreening program, one of MassDEP's Presiding Officers reviews every new appeal within 30 days, explores early resolution with the parties, and offers alternative dispute resolution services to assist the parties in resolving the appeal. Cases unresolved after prescreening are transferred to the Massachusetts Division of Administrative Law Appeals (DALA) for further adjudicatory proceedings.
Pilot implementation of the Prescreening Program began in January 2004 based on the recommendations of the Hearing Reform Advisory Committee. The prescreening process was formalized in amended adjudicatory hearing rules effective January 1, 2005.
More cases are closing; cases are closing faster
Results from the first two years of the Prescreening Program show that it has been very effective in both achieving faster resolutions to adjudicatory appeals and increasing the total number of cases closed.
Since the institution of prescreening in 2004, the number of cases resolved within 180 days of filing has increased from 22 percent to 67 percent. Increasing the number of cases that are resolved early not only benefits the parties involved, it also allows other cases requiring further adjudication to move forward through the litigation process more efficiently.
During 2005, the first full year of implementing prescreening with the regulatory changes in place, the number of cases closed increased by 60 percent over the number of cases closed in 2004, and by 74 percent over the number of cases closed in 2003.
And, in 2005, for the first time since 1998, the number of cases closed exceeded the number of cases filed. MassDEP achieved this increased rate of case closure despite a 36 percent increase in the number of appeals filed in 2005 compared to 2003. The increased number of appeals filed is primarily attributable to MassDEP's enhanced enforcement efforts in recent years.
All in the numbers
The following are MassDEP and DALA case results, as of May 1, 2006:
- 561 cases have been through the prescreening process at MassDEP since January 20, 2004.
- 299 cases have been closed since prescreening began; 210 closed by MassDEP and 89 closed by DALA.
- 262 cases are still open; 164 of those cases are pending at DALA.
- 98 cases are still pending at MassDEP; 43 have been stayed awaiting final decisions from Superior Court on local wetlands bylaw decisions or the federal Environmental Protection Agency appeals process.
- 54 cases are in the MassDEP prescreening process, and all have been in prescreening for less than 90 days.
For more information on the MassDEP Prescreening Program, check out the MassDEP Appeals Web site.
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