Code of Massachusetts Regulations
503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD
Title 503 CMR 2.00 - Underground Storage Tank Petroleum Product Cleanup Fund Regulations Implementing M.g.l. C. 21j
Section 2.22 - Civil Court Action

Universal Citation: 503 MA Code of Regs 503.2

Current through Register 1531, September 27, 2024

(1) Claims submitted to the Board pursuant to M.G.L. c. 21 J, and procedures for acting on such Claims, including the provisions of 503 CMR 2.00 shall not be adjudicatory proceedings and shall not be subject to those provisions of M.G.L. c. 30A, or any other law governing adjudicatory proceedings, except the provisions of 503 CMR 2.00 and the policies and practices of the Board. Any Claimant, pursuant to 503 CMR 2.08, aggrieved by the denial of a Claim or by any other action of the Board in connection with a Claim may bring a civil action in the nature of certiorari pursuant to M.G.L. c. 249, § 4. Any such civil action shall be commenced within 30 days of the date of the final determination or other final action of the Board. No legal action may be brought pursuant to M.G.L. c. 21 J, 503 CMR 2.00 or any other law where the denial of a Claim or any other action on a Claim was based solely on insufficient available funds.

(2) For purposes of 503 CMR 2.22:

(a) If no Request for Reconsideration or Request for Conference is received by the Board pursuant to the provisions of 503 CMR 2.18, then a final action of the Board finding Claimant ineligible to receive Reimbursement from the Fund or denying or limiting Reimbursement from the Fund for a Claim shall be effective 30 days after the day on which final written notice of the action is sent to the Claimant.

(b) If a Request for Reconsideration or Request for Conference is received by the Board pursuant to the provisions of 503 CMR 2.18, then an action of the Board finding a Claimant ineligible to receive Reimbursement from the Fund or denying or limiting Reimbursement from the Fund for a Claim shall be effective on the day on which final written notice of the Board's action in response to the Request for Reconsideration is sent to the Claimant. Any Reimbursement to the Claimant based on the Board's final action or on the Claim that is the subject of the Request for Reconsideration shall be deemed a partial Reimbursement pending resolution of the Request for Reconsideration.

(c) A Claimant's rights to certiorari appeal to the Superior Court under M.G.L. c. 21 J, § 11 shall arise only on the date on which final action by the Board is taken or is deemed to have been taken pursuant to 503 CMR 2.22.

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