Massachusetts Statutes

Section 62H. An agency or person intending to commence an action or proceeding alleging an improper determination of whether a project requires the preparation of an environmental impact report under section sixty-two A, shall first provide notice of intention to commence such ac…

Section 62I. A person who is proposing a new use or structure or modification of an existing use or structure within landlocked tidelands as defined in section 1 of chapter 91 that is otherwise required to file an environmental notification form pursuant to section 62A and files …

Section 62J. To enable the public to assess the impact of proposed projects that affect their environment, health and safety through the project review process established under sections 61 through 62J, inclusive, the secretary shall provide opportunities for meaningful public in…

Section 62K. The secretary shall consider the environmental justice principles, as defined in section 62, in making any policy or determination, or taking any action relating to a project review, undertaken pursuant to sections 61 through 62J, inclusive, to reduce the potential f…

Section 62L. There shall be an environmental justice council to advise and provide recommendations to the secretary of energy and environmental affairs on relevant policies and standards to achieve the environmental justice principles. The council shall consist of not less than 9…

Section 63. Every holder, as that term is defined in section one of chapter sixty-six A, shall, on or before September first, nineteen hundred and seventy-six, or upon the subsequent establishment, termination, or change in the character of such personal data system, file with th…

Section 64. No mental health hospital or public health hospital shall be converted to use by the department of correction without the express approval of the general court.

Section 65. (a) A lawyer who is not a regular state employee or person who is compensated through the automated payroll system of the commonwealth shall not provide legal services for the commonwealth, or for any department, agency, board or commission thereof, unless and until:-…

Section 6A. If any member of a permanent state board or commission or of a board or commission appointed under an interstate compact who serves as such by virtue of holding any other office or position is unable by reason of absence or disability to perform his duties as such mem…

Section 7. Each officer, board and commission having supervision and control of an executive or administrative department, including the commissioner of administration, the first deputy commissioner of administration, the comptroller, the purchasing agent, the budget director, th…

Section 7B. Upon the change of name of any person holding an executive, administrative or legislative office in the state government, he shall register his new name with the secretary.

Section 8. A public officer appointed for any term by the governor, with or without the advice and consent of the council, shall hold his office during the term for which he is appointed and until his successor in office has qualified, unless he is sooner removed in accordance wi…

Section 9. Unless some other mode of removal is provided by law, a public officer, if appointed by the governor, may at any time be removed by him for cause, and, if appointed by him with the advice and consent of the council, may be so removed with its advice and consent.

Section 9A. A veteran, as defined in section one of chapter thirty-one, who holds an office or position in the service of the commonwealth not classified under said chapter thirty-one, other than an elective office, an appointive office for a fixed term or an office or position u…

Section 9B. No person permanently employed in any institution under the department of mental health, developmental services, public health, public welfare, correction or youth services, or in a state-operated veterans' home, except an employee, other than a nurse, rendering profe…

Section 9C. Any employee at the institutions under the control of the departments of mental health, developmental services and public health whose uniform or other clothing, eyeglasses, dentures and the like are destroyed or damaged because of the violence of any patient under hi…

Section 9D. No person permanently employed as a teacher in any institution under the department of mental health, developmental services, public health, public welfare, correction, or youth services, who is not classified under chapter thirty-one, shall, after having served as su…

Section 9E. No person employed as a chaplain by the commonwealth shall be classified under chapter thirty-one or be subject to the provisions of sections nine A, nine B, nine D, or twenty-four A of chapter thirty, or sections thirty A or thirty B of chapter one hundred and forty-…

Section 9F. Notwithstanding any law, rule or regulation to the contrary, any person permanently employed by the commonwealth, subject to the provisions of section nine B, who holds an elective state or county office or who is elected mayor by the people of any city in the commonw…

Section 9G. Any employee of the commonwealth who qualifies as a member of a team representing the United States in any World athletic or Olympic competition shall be granted a leave of absence with pay for the purpose of engaging in competition. Paid leave shall be limited to the…

Section 9H. Any employee of the commonwealth, who is a veteran as defined in clause Forty-third of section seven of chapter four or is a member of a department of war veterans listed in section seventeen of chapter eight, and who desires to participate in a Veterans Day or Memori…

Section 9I. (a) Any employee of the commonwealth may be granted a leave of absence with pay for the purpose of serving as an American Red Cross volunteer in specialized disaster relief services in connection with any disaster at the request of the American Red Cross for such an e…

Section 9J. In the event that the functions performed by employees in one department or agency are transferred to another department or agency, the employees performing such functions shall be transferred to the receiving department or agency without impairment of wages, seniorit…

Section 1. For the purposes of this chapter— (1) ''Adjudicatory proceeding'' means a proceeding before an agency in which the legal rights, duties or privileges of specifically named persons are required by constitutional right or by any provision of the General Laws to be determ…

Section 10. In conducting adjudicatory proceedings, as defined in this chapter, agencies shall afford all parties an opportunity for full and fair hearing. Unless otherwise provided by any law, agencies may (1) place on any party the responsibility of requesting a hearing if the …

Section 10A. Notwithstanding the provisions of section ten, not less than ten persons may intervene in any adjudicatory proceeding as defined in section one, in which damage to the environment as defined in section seven A of chapter two hundred and fourteen, is or might be at is…

Section 11. In addition to other requirements imposed by law and subject to the provisions of section ten, agencies shall conduct adjudicatory proceedings in compliance with the following requirements:— (1) Reasonable notice of the hearing shall be accorded all parties and shall …

Section 11B. All state boards and commissions and the governing boards or bodies of all such authorities which conduct a study affecting or relating to the use of an area of a city or town shall notify the mayor or city manager, if any, of the city and the presiding officer of th…

Section 11C. Any agency which is required by law to conduct hearings, shall, if the subject matter of such hearing solely concerns a single municipality, hold such hearing or a substantial portion thereof in such municipality upon receipt of a written request from the mayor of a …

Section 12. In conducting adjudicatory proceedings, agencies shall issue, vacate, modify and enforce subpoenas in accordance with the following provisions:— (1) Agencies shall have the power to issue subpoenas requiring the attendance and testimony of witnesses and the production…

Section 13. ''License'', as used in this section, includes any license, permit, certificate, registration, charter, authority or similar form of permission required by law. Except as otherwise provided in this section, no agency shall revoke or refuse to renew any license unless …

Section 13A. Agencies and political subdivisions of the commonwealth, that issue a license under section 13 shall require an applicant for issuance or renewal of such license to provide a social security number as a condition of issuing or renewing such license and shall record s…

Section 14. Except so far as any provision of law expressly precludes judicial review, any person or appointing authority aggrieved by a final decision of any agency in an adjudicatory proceeding, whether such decision is affirmative or negative in form, shall be entitled to a ju…

Section 15. The supreme judicial court and the appeals court shall have concurrent jurisdiction to review any proceedings had, determinations made, and orders or judgments entered in the superior court pursuant to section fourteen. The supreme judicial court or the appeals court,…

Section 16. The supreme judicial court shall have the power to make rules of pleading, practice and procedure supplementary to and not inconsistent with the provisions of this chapter relating to judicial review of administrative action, and to amend such rules, for the purpose o…

Section 17. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application.

Section 18. As used in this section and sections 19 to 25, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Deliberation'', an oral or written communication through any medium, including electronic mail, between o…

Section 19. (a) There shall be in the department of the attorney general a division of open government under the direction of a director of open government. The attorney general shall designate an assistant attorney general as the director of the open government division. The dir…

Section 1A. The department of correction shall be subject to sections one through eight, inclusive, and shall not otherwise be subject to this chapter, notwithstanding the exclusion of said department from the definition of the word ''agency'' in section one.

Section 1B. The department of youth services shall be subject to sections one to eight, inclusive, and shall not otherwise be subject to this chapter, notwithstanding the exclusion of said department from the definition of the word ''agency'' in section one.

Section 1C. The parole board shall be subject to sections one to eight, inclusive, and shall not otherwise be subject to this chapter, notwithstanding the exclusion of said board from the definition of the word ''agency'' in section one.

Section 1D. The criminal record review board shall be subject to sections 1 to 8, inclusive, and shall not otherwise be subject to this chapter.

Section 2. A public hearing is required prior to the adoption, amendment, or repeal of any regulation if: (a) violation of the regulation is punishable by fine or imprisonment; or, (b) a public hearing is required by the enabling legislation of the agency or by any other law; or,…

Section 20. (a) Except as provided in section 21, all meetings of a public body shall be open to the public. (b) Except in an emergency, in addition to any notice otherwise required by law, a public body shall post notice of every meeting at least 48 hours prior to the meeting, e…

Section 21. (a) A public body may meet in executive session only for the following purposes: (1) To discuss the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or to discuss the discipline or dismissal of, or comp…

Section 22. (a) A public body shall create and maintain accurate minutes of all meetings, including executive sessions, setting forth the date, time and place, the members present or absent, a summary of the discussions on each subject, a list of documents and other exhibits used…