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Delegation of Authority to ALJs In Management of Adjudicatory Appeals The purpose of this delegation is to further the Department's objectives of achieving an efficient and expeditious resolution of adjudicatory appeals.
Consistent with this purpose, I hereby delegate to the Administrative Law Judges my authority to issue Final Decisions, as the term is defined at 310 CMR 1.01(1), in routine Final Decisions which dismiss appeals on the following grounds: 1.) the filing of a Stipulation of Dismissal voluntarily dismissing the Notice of Claim under 310 CMR 1.01(11)(d)1; 2.) the withdrawal of the Notice of Claim without objection by any party or participant; 3.) the mootness of the underlying claim where there is no objection to the dismissal; 4.) the lack of jurisdiction because the Notice of Claim is not filed in a timely fashion; or 5.) the lack of jurisdiction because the Notice of Claim purports to appeal a document which cannot be appealed to the Office of Administrative Appeals.
Each Final Decision issued under authority of this Delegation shall provide notice of the right of any person objecting to the dismissal to request reconsideration pursuant to 310 CMR 1.01(14)(d). The Final Decision on any request for reconsideration shall be issued by the Commissioner.
David B. Struhs
Commissioner
Date: January 2, 1997 |
laws and rules
