Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 3.00 - Control And Restriction Of Billboards, Signs, And Other Outdoor Advertising Devices › Section 3.19 - Request for an Appeal; Administrative Review of Notices of Denial or Revocation of a Permit or License

Current through Register 1525, July 5, 2024
(1) Any
			 applicant who is denied a request for a permit or license or whose permit
			 and/or license has been revoked may make a written request for an appeal
			 hearing before a hearing examiner designated by the Department. The request for
			 hearing must be received by the Director within 30 days after receipt of the
			 notice of denial or notice of revocation. The request for hearing must be
			 sufficient to identify the applicant requesting the hearing and each outdoor
			 advertising structure for which a hearing is requested. The hearing is
			 informal, the rules of evidence do not apply, and the decision of the hearing
			 examiner is final, subject to judicial review as provided by M.G.L. c. 30A,
			 § 14. The applicant will be notified by mail within a reasonable time of
			 the decision following the hearing. Each written appeal decision contains a
			 statement of the reasons for the decision. Failure to appear at the date, time,
			 and place specified on the hearing notice automatically results in the denial
			 of the appeal. The act of mailing the request for hearing does not constitute
			 receipt by the Director. An applicant shall not be entitled to a hearing if the
			 applicant fails to request a hearing within 30 days after receipt of the notice
			 of denial or notice of revocation. Upon receipt of a request for a hearing, the
			 Director shall forward the request to a hearing examiner for the Office of
			 Outdoor Advertising. Hearings for notices of denial or revocation of a permit
			 or license shall be conducted in accordance with M.G.L. c. 30A and
			 801 CMR 1.00:
Standard
			 Adjudicatory Rules of Practice and Procedure
within the time set forth
			 in 700 CMR 3.19.
(2) The hearing
			 examiner is authorized to dismiss any request for administrative review and
			 terminate any further proceedings if the applicant fails to appear at the time
			 and place for a hearing as scheduled by the hearing examiner.
(3) The hearing examiner shall give written
			 notice of the hearing to the applicant and Director by fixing a time and place
			 for a hearing, at which time the applicant and Director or designee may appear
			 and present evidence. The hearing examiner shall issue this notice not less
			 than 15 days prior to the date fixed for the hearing.
(4) The decision of the hearing examiner
			 shall be final subject to judicial review under M.G.L. c. 30A.
(5) Where the provisions of
			 700 CMR 3.00 provide for
			 deadlines after the "receipt" of notification, the date of the receipt shall be
			 established by the date of certified mail delivery or other competent evidence.
			 If the Director mails a notice to the last known address of a person on record
			 with the Department and if delivery is refused or cannot be made to that
			 address, the date of receipt shall be presumed to be ten days after the date
			 the notice was mailed.