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 agency notifies him in writing of his right to a hearing and of his responsibility to request the hearing; (2) make informal disposition of any adjudicatory proceeding by stipulation, agreed settlement, consent order or default; (3) limit the issues to be heard or vary the procedures prescribed by section eleven, if the parties agree to such limitation or variation; and (4) allow any person showing that he may be substantially and specifically affected by the proceeding to intervene as a party in the whole or any portion of the proceeding, and allow any other interested person to participate by presentation of argument orally or in writing, or for any other limited purpose, as the agency may order.
When a party to an adjudicatory proceeding has the opportunity, by provision of any law or by regulation, to obtain more than one agency hearing on the same question, whether before the same agency or before different agencies, it shall be sufficient if the last hearing available to the party complies with the requirements of this chapter, and the earlier hearings need not so comply.
When a party has the opportunity to obtain an agency hearing, followed by one or more appeals before the same agency or before different agencies, such appeals being limited to the record made at the hearing, the appeal procedure need not comply with any requirement of this chapter for the conduct of adjudicatory proceedings except paragraphs (7) and (8) of section eleven.
When, under a provision of any law, a hearing is required only upon direction of an agency or upon request made in accordance with such provision by a person entitled to make such request, the requirements of this chapter governing the conduct of adjudicatory proceedings shall not apply unless and until such direction or request is in fact made.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title III - Laws Relating to State Officers
Chapter 30a - State Administrative Procedure
Section 1a - Department of Correction; Application of Chapter
Section 1b - Department of Youth Services; Application of Chapter
Section 1c - Parole Board; Application of Chapter
Section 1d - Criminal Record Review Board; Application of Chapter
Section 3a - Publication of Required Notices
Section 4 - Petitions for Adoption, Amendment or Repeal of Regulations
Section 5 - Regulations; Filing; Small Business Impact Statement
Section 5a - Review of Rules and Regulations Regarding Economic Impact on Small Businesses
Section 6a - Code of Massachusetts Regulations; Publication
Section 6b - Agencies to Purchase Register Issues; Public Access
Section 6c - Failure to Comply With Sec. 6b; Report
Section 6d - Expected Regulations; Publication of List
Section 6e - Failure to Comply With Sec. 6d; Report
Section 7 - Judicial Review of Regulations
Section 8 - Advisory Rulings by Agencies
Section 10 - Adjudicatory Proceedings; Appeals
Section 10a - Damage to Environment; Intervention in Adjudicatory Proceeding; Procedure
Section 11 - Adjudicatory Proceedings; Additional Requirements
Section 11b - Studies of State Boards, Commissions and Authorities; Notice to City or Town Affected
Section 11c - Hearings in Municipalities
Section 12 - Adjudicatory Proceedings; Subpoenas
Section 13 - Licenses; Revocation, etc.; Hearings; Exceptions; Student Loan Defaulters
Section 15 - Supreme Judicial Court and Appeals Court; Concurrent Jurisdiction
Section 16 - Supreme Judicial Court; Powers
Section 17 - Partial Invalidity of Chapter; Effect
Section 18 - Definitions Applicable to Secs. 18 to 25
Section 21 - Meeting of Public Body in Executive Session
Section 22 - Minutes of Meetings
Section 23 - Enforcement of Open Meeting Law; Complaints; Hearing; Civil Action
Section 24 - Investigation by Attorney General of Violations of Open Meeting Law