310 CMR, § 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.
Notes
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