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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...

Service Center: Appeals
General Information

New Procedure for Wetlands Permit Appeals

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Frequently Asked Questions About Appeals

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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

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Dispute Resolution

The Mediation Process at MassDEP, Mediation Agreement Form, Confidentiality statute, more...
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Service Center: Appeals
Rules

Please read our regulations disclaimer.

310 CMR 1.00 Adjudicatory Hearing Rules  - October 2008

PDF 128 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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Service Center: Appeals
Decisions

Important Disclaimer Regarding Decisions - please read

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About MassDEP Decisions

Administrative appeals at MassDEP generate a variety of decisions, including Tentative Decisions, Recommended Final Decisions, and Final Decisions, more...
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2009 Decisions

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2008 Decisions

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2007 Decisions

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2006 Decisions

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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.
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Service Center: Appeals
Policies

Delegation of Authority to Administrative Law Judges; Management of Adjudicatory Appeals, January 2, 1997

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Policy No. COM-00.002: Expedited Review of Applications & Adjudicatory Hearings, December 29, 2000

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Service Center: Appeals
Directives

Commissioner's Directive Concerning Appeals on Water Management Act Registration Renewal Statements, April 14, 2008

PDF 194 KB

Time Limits and Time-lines for Adjudicatory Appeals, December 29, 2000

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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

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Service Center: Appeals
Standing Orders

Standing Order 1-97: Issuance of Final Decisions in Certain Cases, January 2, 1997

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Standing Order 2-97 Payment of Filing Fees in Wetlands Appeals, April 1, 1997.

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Service Center: Appeals
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

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The Prehearing Conference as a Settlement Opportunity

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Naming a MassDEP Adjudicatory Appeal

Office of Administrative Appeals Memorandum, rev. February 13, 1998.
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Dispositive Motions in MassDEP Adjudicatory Appeals

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Evidentiary Issues in Administrative Hearings: Hearsay, Expert Testimony and Prior Proceedings

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Opinion Evidence: An Overview

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Opinion Testimony in Department of Environmental Protection Adjudicatory Appeals: Some Examples

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Service Center: Appeals
Forms

Adjudicatory Hearing Fee Transmittal Form

MS Word 130 KB | PDF 25 KB

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