Mass. Gen. Laws ch. 138, sec. 5 — MA Code / Part I / Title XX / Chapter 138 / Section 5
Terms of office of licensing board; removal; review; notice; fee
Status: in_force

Section 5. The terms of office of the members first appointed shall commence at the date of their appointment, and shall be so arranged as to expire at the end of two, four or six years from the first Monday in June in the year of their appointment, the date of expiration to be specified in their respective commissions; and thereafter a member shall be appointed for a term of six years from the first Monday in June of the year in which the previous term expires. All members shall hold office until their respective successors are qualified. They may be removed by the mayor for cause, after charges preferred, reasonable notice thereof, and a hearing thereon; and the mayor shall, in the order of removal, state his reasons therefor. Any member of said board may, within seven days after notice of his removal, apply to the superior court for a review of the charges, of the evidence submitted thereunder, and of the findings thereon by the mayor. Notice of the entry of such application shall be given to the mayor by serving upon him an attested copy thereof. The entry fee, costs, and all proceedings upon such application shall be according to the rules regulating the trial of civil causes. The court, after a hearing, shall affirm or revoke the order of the mayor removing such member, and there shall be no appeal from the decision. If any member of said board who has been removed from office shall apply to the superior court for the review provided for in this section, he shall be entitled to a speedy hearing, and in no event shall the removal take effect until the court shall have affirmed the order removing the member; and until such order is affirmed the member shall continue to exercise the powers and perform the duties of his office.

Section 5. The terms of office of the members first appointed shall commence at the date of their appointment, and shall be so arranged as to expire at the end of two, four or six years from the first Monday in June in the year of their appointment, the date of expiration to be specified in their respective commissions; and thereafter a member shall be appointed for a term of six years from the first Monday in June of the year in which the previous term expires. All members shall hold office until their respective successors are qualified. They may be removed by the mayor for cause, after charges preferred, reasonable notice thereof, and a hearing thereon; and the mayor shall, in the order of removal, state his reasons therefor. Any member of said board may, within seven days after notice of his removal, apply to the superior court for a review of the charges, of the evidence submitted thereunder, and of the findings thereon by the mayor. Notice of the entry of such application shall be given to the mayor by serving upon him an attested copy thereof. The entry fee, costs, and all proceedings upon such application shall be according to the rules regulating the trial of civil causes. The court, after a hearing, shall affirm or revoke the order of the mayor removing such member, and there shall be no appeal from the decision.

If any member of said board who has been removed from office shall apply to the superior court for the review provided for in this section, he shall be entitled to a speedy hearing, and in no event shall the removal take effect until the court shall have affirmed the order removing the member; and until such order is affirmed the member shall continue to exercise the powers and perform the duties of his office.