310 Mass. Reg. 36.37

Current through Register 1523, June 7, 2024
Section 36.37 - Appeals
(1) Any person who is aggrieved by a decision of the Department with respect to any permit application, amendment, suspension or termination, or any registration statement, and any person who has been allowed pursuant to 310 CMR 1.01(7): Intervention and Participation to intervene in an adjudicatory proceeding that resulted in such decision, may request an adjudicatory hearing before the Department, under the provisions of M.G.L. c. 30A. With regard to a decision of the Department amending a permit, only the amended provisions or conditions of the permit shall be subject to a request for an adjudicatory hearing. Each request for a hearing must be sent by certified mail or hand delivered, and received by the Department within 21 days of the date of receipt of the decision being appealed. At the same time that the appeal is sent or hand delivered to the Department, a copy of the appeal must be sent by certified mail or hand delivered to the water resources management official in the city or town where the withdrawal point is located.
(2) Any person who appeals a decision of the Department, who is neither the applicant, the registrant, nor the permittee authorized to make or continue a withdrawal, is required to notify the applicant, registrant or permittee of the appeal by certified mail or by hand within five days of filing the appeal.
(3) Each request for a hearing under 310 CMR 36.37 shall state specifically, clearly and concisely the facts which are the grounds for the appeal, the relief sought, and any additional information required by 310 CMR 1.01(6)(b): Form and Content or other applicable law or regulation.
(4) In every proceeding the burden shall be on the applicant for, or the holder of, a permit or registration statement to demonstrate compliance with 310 CMR 36.00 including the provisions of 310 CMR 36.37.
(5) Any person aggrieved by a final decision of the Commissioner may seek judicial review of that decision in Superior Court, in accordance with M.G.L. c. 30A, § 14.

310 CMR 36.37

Amended by Mass Register Issue 1273, eff. 11/7/2014.