- How do I file an appeal with the Board of Review?
- Will the Board of Review conduct another hearing?
- Do I need an attorney?
- Can I request an extension of the 30-day deadline for filing an application for review with the Board?
- Must my application for review be mailed or received by the 30 th day?
- What is the last day, if the 30-day deadline falls on a Saturday, Sunday, or holiday?
- When will I receive the Board of Review's decision?
- How do I withdraw my appeal to the Board of Review?
- Can I ask the Board of Review to reconsider its decision?
- If I lose my appeal to the Board of Review, or the Board declines to review my case, what is the next step?
- Where do I file an appeal with the district court?
- What is the deadline for filing an appeal in the district court?
- If I have additional questions, whom should I contact?
Generally, not. Most appeals can be effectively reviewed based upon the existing Hearings Department record. We evaluate whether the findings of fact contained in the hearings decision were based upon substantial evidence presented at the hearing, and then analyze whether the review examiner reached a correct legal conclusion.
The law does not require that a lawyer represent you in an appeal before the Board of Review. However, you may choose to have an attorney, an agent, or anyone else assist you with your appeal.
No. G.L. c. 151A, § 40 allows only 30 days to submit an application for review to the Board from the date the Hearings Department decision was mailed.
However, if a party states in its application that it intends to submit a more complete appeal, the Board of Review will begin its review on the date we receive the completed appeal, or on the 30 th day, whichever is earlier.
All papers filed with the Board of Review must be filed according to procedures set forth in 801 Code Mass. Regs. § 1.01(4)(a) through (e). See 801 CMR § 1.02(4). These regulations provide as follows:
Appeals filed by mail through the U.S. postal service will be considered timely if they are mailed on or before the 30 th day. The Board will consider only the dates contained in the U.S. postal cancellation stamp or U.S. postmark.
Appeals submitted via fax: Papers filed by fax will be deemed timely only if received by the Board of Review by 5:00 p.m. on the 30 th day.
Appeals delivered by any other means, such as hand-delivery, via courier, Federal Express, or the like, shall be deemed filed on the date received by the Board of Review during usual business hours.
If the 30 th calendar date falls on a Saturday, Sunday, holiday, or on a day when the Board of Review is closed, the deadline for filing the appeal is the next business day.
If the Board of Review denies your application for review, the denial will be mailed to you within 21 days after the Board receives your appeal.
If the Board accepts your application for review, we will make every effort to render a decision within 45-days of receiving your appeal. However, it may take longer if the case is remanded for additional evidence, the matter involves complex issues of law, or we are experiencing a high volume of appeals.
If the appeal is pending before the Board, the withdrawal request must be submitted in writing by mail or fax to the Board of Review. The withdrawal request may be in the form of a letter.
No. G.L. c. 151A does not give the Board of Review any authority to reconsider its decision upon the request of a party. The Board will, however, correct decisions that may have typographical errors.
You may appeal any final decision of the Board of Review to the district court.
G.L. c. 151A, § 42 provides that appeals may be filed in the district court of the judicial district where you live, where you were last employed, or where you have your usual place of business.
The district court must receive your appeal within 30 days of the mailing date printed on the Board of Review's final decision.
You are welcome to contact the Board of Review at (617) 626-6400 during regular business hours.