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Appeals
The Office of Appeals and Dispute Resolution is responsible for receiving all adjudicatory appeals challenging the Department's permitting and enforcement decisions, more...
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New Procedure for Wetlands Permit Appeals
Web page
Frequently Asked Questions About Appeals
Web page
Reforming the Administrative Appeals Process at MassDEP
MassDEP's implemented changes and results designed to speed up the resolution of administrative appeals - April 2006. Web page | PDF 200 KB
Contacts & ADR Committee Members
Web page
Dispute Resolution
The Mediation Process at MassDEP, Mediation Agreement Form, Confidentiality statute, more... Web page
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Please read our regulations disclaimer.
310 CMR 1.00 Adjudicatory Hearing Rules - October 2007
PDF 160 KB
310 CMR 10.04 and 10.05 (7) (j) Wetlands Appeal Streamlining Regulations October 2007
The new Wetlands Permit Appeal regulations were submitted to the Secretary of State on October 3, 2007 and will be officially published by the Secretary of State on October 19, 2007. The final regulations will be effective as of October 31, 2007. This site will be updated soon with more information on the new regulations.
Regulations: MS Word 55 KB | PDF 65 KB
Response to Comments: MS Word 23 KB | PDF 27 KB
See Also: New Procedure for Wetlands Permit Appeals
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Important Disclaimer Regarding Decisions - please read
Web page
About MassDEP Decisions
Administrative appeals at MassDEP generate a variety of decisions, including Tentative Decisions, Recommended Final Decisions, and Final Decisions, more... Web page
2008 Decisions
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2007 Decisions
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2006 Decisions
Web page
2004 - 2005 Decisions
Selected decisions issued and compiled by the Division of Administrative Law Appeals (DALA) for MassDEP. These years do not currently contain final decisions. Please read our disclaimer. Web site
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Delegation of Authority to Administrative Law Judges; Management of Adjudicatory Appeals, January 2, 1997
Web page
Policy No. COM-00.002: Expedited Review of Applications & Adjudicatory Hearings, December 29, 2000
Web page
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Commissioner's Directive Concerning Appeals on Water Management Act Registration Renewal Statements, April 14, 2008
PDF 194 KB
Commissioner's Directive Concerning Adjudicatory Hearings, April 23, 2004
Web page
Commissioner's Directive Concerning Adjudicatory Hearings, January 20, 2004
Web page
Time Limits and Time-lines for Adjudicatory Appeals, December 29, 2000
Web page
Time Limits and Timeliness for Adjudicatory Appeals, July 7, 1995
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Adjudicatory Proceedings Conducted Pursuant to M.G.L. c. 30A, November 8, 2000
Web page
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Standing Order 1-97: Issuance of Final Decisions in Certain Cases, January 2, 1997
Web page
Standing Order 2-97 Payment of Filing Fees in Wetlands Appeals, April 1, 1997.
Web page
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Commentary & Reference Materials
These materials were written by MassDEP's former administrative law judges and are for historical reference only. Practices, sources of law and their citations may have changed since these materials were written.
Filing a Claim for an Adjudicatory Hearing at the Department of Environmental Protection
Web page
The Prehearing Conference as a Settlement Opportunity
Web page
Naming a MassDEP Adjudicatory Appeal
Office of Administrative Appeals Memorandum, rev. February 13, 1998. Web page
Dispositive Motions in MassDEP Adjudicatory Appeals
Web page
Evidentiary Issues in Administrative Hearings: Hearsay, Expert Testimony and Prior Proceedings
Web page
Opinion Evidence: An Overview
Web page
Opinion Testimony in Department of Environmental Protection Adjudicatory Appeals: Some Examples
Web page
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Adjudicatory Hearing Fee Transmittal Form
MS Word 130 KB | PDF 25 KB
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