Current through Register 1531, September 27, 2024
Pursuant to M.G.L. c. 20, § 23(c), any Owner aggrieved by
a decision of the Department denying a request for a Certificate of Approval
for agricultural activities or Structures or for a Special Permit, or any Owner
who is subject to and aggrieved by a Determination of the Department to
exercise or assign a Right of First Refusal or Option to Purchase Real Estate
at Fair Market Agricultural Value may request an Adjudicatory Hearing before
the ALPC.
(1)
Certificate
of Approval and Special Permit. Upon receipt of a request for an
Adjudicatory Hearing, the ALPC shall:
(a) hold
an Adjudicatory Hearing;
(b)
designate a hearing officer who shall preside over the hearing, assemble an
official record of the hearing, and submit a proposed written decision to the
ALPC; and
(c) render the final
decision.
(2)
Right of First Refusal or Option to Purchase Real Estate at Fair
Market Agricultural Value.
(a)
The Department shall:
1. notify the APR
Parcel Owner, who may be then the aggrieved Owner, in writing by certified mail
of the notice of election to purchase not more than three business days after
said decision is made by the Department to exercise or assign a Right of First
Refusal or Option to Purchase Real Estate at Fair Market Agricultural Value;
and
2. include notice that the
Owner has a right, not more than ten business days after receipt of such
determination by the Department, to request an Adjudicatory Hearing before the
ALPC.
(b) The ALPC
shall:
1. upon receipt of a timely request,
hold an Adjudicatory Hearing within a reasonable time;
2. designate a hearing officer who shall
preside over the hearing, assemble an official record of the hearing, and
submit a proposed written decision to the ALPC; and
3. make the final decision not more than 15
business days after holding the Adjudicatory Hearing.
(c) The Owner shall:
1. provide written consent to extend the time
period to allow for the completion of the Adjudicatory Hearing and for the
Department to finalize a sale should the Department prevail in the event that
the time period established in the APR to exercise its Right of First Refusal
or Option to Purchase Real Estate at Fair Market Agricultural Value together
with the time period to complete the underling land sale if the rights are
assigned is less than 90 days in total; and
2. have the above consent modify the time
periods set forth in the APR but shall not affect any other APR term or
right.
