Introduction to this Guide
This is a guide for people involved in a case at the Division of Administrative Law Appeals, also called DALA, who don’t have a lawyer. When you don’t have a lawyer, you are said to be representing yourself. In this guide, people who represent themselves are called “self- represented litigants.”
If you represent yourself, you will still be required to follow DALA’s procedures and applicable law. This guide will help you understand how to do that, but it is not a substitute for legal advice. Although DALA staff may give you general information about rules and procedures, they cannot give you legal advice, help you interpret or apply rules, or otherwise participate in a hearing on your behalf.
This guide is intended to provide general information. It is not possible to cover every situation that might arise. Also, if there is any conflict between this guide and the applicable laws or rules, those laws or rules control.
General information about DALA and hearings
What is the Division of Administrative Law Appeals?
The Division of Administrative Law Appeals, also called DALA, is a Massachusetts state agency that hears and decides legal disputes between individuals (or organizations) and other state or local agencies. If a person, business or other organization disagrees with a decision made by a state or local agency, they may be able to challenge it by filing a case with DALA.
DALA is not part of the agency whose decision you’re challenging. It is an independent agency, and the person who hears your case—the magistrate—is a neutral decision-maker.
What is a Magistrate at DALA?
A magistrate is a neutral decision-maker, which means they do not take sides and they make decisions based only on the facts and the law.
Every case is assigned to a magistrate who manages all parts of the case, such as setting deadlines, holding conferences, and issuing written orders. If your case goes to a full evidentiary hearing, the magistrate conducts the hearing, listens to the evidence and arguments, and in most cases, writes a decision to determine whether a party’s challenge is successful under the law. All DALA magistrates are licensed Massachusetts attorneys.
May I Call a Magistrate to Discuss My Case?
No. Communicating with a magistrate without the lawyer for the state agency being part of the communication is called “ex parte communication.” By law, the magistrate may not talk to you about your case unless all the parties are participating in the discussion. The magistrate may not talk to the agency’s lawyer without you, either.
What are Cases at DALA like?
Although DALA’s name includes the word “appeals,” the agency is more like a trial court than an appeals court. Parties may file motions, conduct discovery, subpoena evidence, and participate in evidentiary hearings where they may present witnesses and other relevant evidence. (These terms are defined in the glossary at the end of this guide.)
The individual, agency or organization that initiates a case before DALA is referred to as the petitioner—similar to a plaintiff in a civil lawsuit. The opposing party is the respondent, analogous to a defendant in civil litigation.
Each case is assigned to an impartial administrative magistrate, who oversees the proceedings—from prehearing conferences and motion rulings to managing discovery, conducting the evidentiary hearing, and issuing the written decision. The magistrate’s final decision is binding on the parties and, depending on the case type, the decision may be appealed to another agency or to the Massachusetts Superior Court.
Cases before the DALA may resolve in several ways: through settlement, withdrawal, dismissal, summary decision, or a written decision following an evidentiary hearing. For example, cases may be dismissed on procedural grounds, such as the failure to meet a statutory filing deadline. Others may be resolved through summary decision, which—like summary judgment in civil litigation—is appropriate when there are no genuine issues of material fact and the case can be decided as a matter of law. If a case proceeds to a full evidentiary hearing, the assigned magistrate will issue a written decision based on the evidence presented and the applicable law.
What is a Hearing?
A hearing is like a trial. Both you and the agency can present evidence to the magistrate, who will make findings of fact and conclusions of law. The hearing is your opportunity to present your case and tell your side of the story. Before the hearing, you will be required to give the magistrate and the other party information about the witnesses you plan to call to the hearing and copies of the documents you plan to rely on. You should also bring extra copies of your documents with you to the hearing so that you can show them to witnesses.
Where Will the Hearing Take Place?
Most hearings are held at DALA’s Malden office, which is located at 14 Summer Street, 4th floor, Malden, MA 02148. However, virtual options are also available. See the section Where Will My Hearing Be Held?