503 CMR 2.22 - Civil Court Action
(1) Claims
submitted to the Board pursuant to M.G.L. c. 21 J, and procedures for acting on
such Claims, including the provisions of
503 CMR 2.00 shall not be
adjudicatory proceedings and shall not be subject to those provisions of M.G.L.
c. 30A, or any other law governing adjudicatory proceedings, except the
provisions of
503 CMR 2.00 and the policies
and practices of the Board. Any Claimant, pursuant to
503 CMR 2.08,
aggrieved by the denial of a Claim or by any other action of the Board in
connection with a Claim may bring a civil action in the nature of certiorari
pursuant to M.G.L. c. 249, § 4. Any such civil action shall be commenced
within 30 days of the date of the final determination or other final action of
the Board. No legal action may be brought pursuant to M.G.L. c. 21 J,
503 CMR 2.00 or any other law
where the denial of a Claim or any other action on a Claim was based solely on
insufficient available funds.
(2)
For purposes of 503 CMR 2.22:
(a) If no
Request for Reconsideration or Request for Conference is received by the Board
pursuant to the provisions of
503 CMR 2.18,
then a final action of the Board finding Claimant ineligible to receive
Reimbursement from the Fund or denying or limiting Reimbursement from the Fund
for a Claim shall be effective 30 days after the day on which final written
notice of the action is sent to the Claimant.
(b) If a Request for Reconsideration or
Request for Conference is received by the Board pursuant to the provisions of
503 CMR 2.18,
then an action of the Board finding a Claimant ineligible to receive
Reimbursement from the Fund or denying or limiting Reimbursement from the Fund
for a Claim shall be effective on the day on which final written notice of the
Board's action in response to the Request for Reconsideration is sent to the
Claimant. Any Reimbursement to the Claimant based on the Board's final action
or on the Claim that is the subject of the Request for Reconsideration shall be
deemed a partial Reimbursement pending resolution of the Request for
Reconsideration.
(c) A Claimant's
rights to certiorari appeal to the Superior Court under
M.G.L. c. 21 J, § 11 shall arise only on the date on which final action by
the Board is taken or is deemed to have been taken pursuant to 503 CMR
2.22.
Notes
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