PETITION OF:

SECTION 1.

Section 1 of Chapter 66 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended in line 11, by adding at the end thereof the following paragraphs:—

Administrative Law Appeals Division within the Office of the Secretary of the Commonwealth Public Records Division; Chief Administrative Magistrate; Conduct of Hearings, etc.

The Division of Public Records under the authority of the Office of the Secretary of the Commonwealth is hereby authorized by law to conduct adjudicatory proceedings and promulgate regulations relative to conducting said proceedings. There shall be within the Office of the Secretary of the Commonwealth Public Records Division a division of administrative law appeals under the direction of a chief administrative magistrate who shall be appointed by the Secretary of the Commonwealth. Said chief administrative magistrate, shall be a resident of the commonwealth at the time of his appointment and shall be a person with substantial experience as a trial attorney. He shall hear, or assign for hearing, appeals filed pursuant to this chapter or regulations promulgated thereof, shall make available full-time Presiding Officers who serve as administrative magistrates or the equivalent thereof, to hear appeals assigned pursuant to this chapter. Said Presiding Officers shall serve under the direction, supervision and control of the Secretary of the Commonwealth and shall be utilized to expedite appeals of the Public Records Division. The chief administrative magistrate, subject to the approval of the Secretary of the Commonwealth, shall, when necessary, promulgate regulations governing the proceedings or appeals to be so conducted or heard prior to conducting or hearing any proceedings or appeals.

It shall be the responsibility of said chief administrative magistrate to organize his Division to provide speedy and fair disposition of all appeals and to establish policies that will encourage and aid parties in their compliance with this chapter. Subject to appropriation, he may employ such persons as may be required to discharge the responsibilities of the Division, including Presiding Officers who shall be members of the bar of the commonwealth.

The Division may summon witnesses, administer oath and require the production of books, records, papers, electronic records and any other document at any hearing before the Division, upon any matter within its jurisdiction. Witnesses may be summoned by any party to the proceeding in the same manner, be paid the same fees and be subject to the same penalties as witnesses in civil cases before the courts of the commonwealth.

The Division may institute by its own initiative appropriate proceedings in the court with appropriate jurisdiction for enforcement of its final orders or decisions. Any party aggrieved by a final order or decision of the Division following a hearing pursuant to any section of this chapter or chapter thirty-one A may institute proceedings for judicial review in the superior court within thirty days after receipt of such order or decision. Any proceedings in the court with appropriate jurisdiction shall, insofar as applicable, be governed by the provisions of section fourteen of chapter thirty A, and may be instituted in the court with appropriate jurisdiction.