Code of Massachusetts Regulations
330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES
Title 330 CMR 28.00 - Milk And Milk Products
Section 28.09 - Hearings

(1) The person(s) to whom any order issued pursuant to 330 CMR 28.07 has been directed may request a hearing before the Department.

(2) A request for a hearing may be made by the permittee to the Department in writing or by telephone to a person authorized to schedule a hearing.

(3) Upon receipt of a request for a hearing, the Department shall set a time and a place for such hearing and shall inform the petitioner thereof.

(4) At the hearing, the petitioner shall be given an opportunity to be heard and to show why the order should be modified or withdrawn. Any oral testimony given at a hearing may be recorded verbatim.

(5) After the hearing, the Department shall make a final decision based upon the complete hearing record, and shall inform the petitioner in writing of the decision. If the Department sustains or modifies an order, it shall be carried out within the time period allotted in the original order or in the modification.

(6) Every notice, order, decision and other record prepared by the Bureau in connection with the hearing shall be entered as a matter of public record in the office of the agency.

(7) Any person aggrieved by the final decision of the Department may seek relief in a court of competent jurisdiction.