Code of Massachusetts Regulations
456 CMR - DEPARTMENT OF LABOR RELATIONS
Title 456 CMR 13.00 - Conduct of Hearings
Section 13.19 - Appeal of Hearing Officer Decisions

Universal Citation: 456 MA Code of Regs 456.13

Current through Register 1531, September 27, 2024

(1) The decision of the hearing officer shall become final and binding on the parties unless, within ten days after notice thereof, any party requests a review by the Board. This procedure is the exclusive method by which the parties may request review by the Board of the decision of the hearing officer.

(2) Any party seeking review of a decision of a hearing officer must file a notice of appeal with the Department, together with a supplementary statement, not later than ten days after receiving notice of the decision of the hearing officer. Within ten days of service thereof, any other party to the proceeding may file a supplementary statement responding to matters raised by the appealing party. The notice of appeal shall be in writing and contain the case name and number, the date of the decision of the hearing officer and a statement that the party requests review by the Board.

(3) Supplementary statements shall state with specificity the basis of the appeal.

(a) A party claiming that the hearing officer has made erroneous findings of fact shall identify the specific findings challenged and clearly identify all record evidence supporting the party's proposed findings of fact, including specific references to page and line numbers of the transcript when one is available.

(b) The findings of fact made by the hearing officer may be adopted summarily by the Board unless specifically objected to by a timely filed supplementary statement. Only disputes as to material issues of fact need be resolved by the Board on appeal.

(c) When a party claims that the hearing officer has made errors of law, the supplementary statement shall identify the challenged conclusions and must explain the basis upon which the party believes the conclusions to be erroneous. Failure to provide the above described information may result in summary dismissal of the appeal.

(3) The record on review before the Board shall consist of the hearing officer's decision, the supplementary statements of the parties, if any, such portions of the record before the hearing officer as are necessary to resolve factual disputes and such other evidence as the Board may require.

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