SENATE, No. 499

SECTION 1.      There shall be within the division of administrative law appeals, and under the direction and supervision of its chief administrative magistrate, an environmental appeals panel consisting of no fewer than five administrative magistrates appointed by said chief administrative magistrate, who shall serve as professional employees as defined by chapter one hundred fifty E but not as confidential employees.  The administrative magistrates of said panel shall be initially the persons who, on January 1, 2004, were serving as administrative law judges in the office of administrative appeals in the executive office of environmental affairs and who were transferred thereafter to the division of administrative law appeals, and who were employed at the division of administrative law appeals on November 1, 2004.  

The administrative magistrates of said panel shall adjudicate, under chapter thirty A and the standard adjudicatory rules of practice and procedure promulgated by the executive office of environmental affairs and who were transferred thereafter to the division of administrative law appeals, and who were employed at the division of administrative law appeals on November 1, 2004.  

        The administrative magistrates of said panel shall adjudicate, under chapter thirty A and the standard adjudicatory rules of practice and procedure promulgated by the executive office for administration and finance pursuant to chapter thirty A section 9, any and all appeals of permits, variances, enforcement orders, civil administrative penalties and other decisions, determinations and actions issued by the department of environmental protection or division, board, commission or program thereof.  Each such decision, determination and action shall give notice that persons having a right to appeal same shall do so by filing said appeal, within the time prescribed by statute or regulation, with the division of administrative law appeals, together with payment of any applicable appeal filing fee. 

        The administrative magistrates of said panel shall adjudicate appeals transferred to the division of administrative law appeals by the board of registration of hazardous waste site cleanup professionals, and any other appeals transferred to the division of administrative law appeals by any other agency of the Commonwealth, or by any municipality of the Commonwealth or agency thereof, in which damage to the environment as defined in section seven A of chapter two hundred and fourteen is or might be at issue. 

        Said panel shall maintain, to the fullest extent practicable, a complete physical and technological separation from any agency, department, board, commission or program whose decisions, determinations or actions may be appealed to it.

        Said panel shall implement procedures to identify, upon the receipt of each appeal or as soon thereafter as possible, jurisdictional defects warranting dismissal, settlement potential favoring assignment to an administrative magistrate of the division of administrative law appeals for settlement facilitation or to an outside mediator or dispute resolution office for alternative dispute resolution, and circumstances justifying expedited adjudication including but not limited to a court order or decision directing same, or the involvement of a public work or project, or the involvement of a project or work implicating national security, an imminent threat to public health, or environmental damage.

        Every decision issued by a commissioner or other head of agency, or designee, following the issuance of a recommended decision by an administrative magistrate of said panel, shall be an agency decision subject to judicial review pursuant to chapter thirty A.