Section 19H. Any person aggrieved by a determination by the board and who has legal standing to do so, may request an adjudicatory hearing before the board if the determination is made in an adjudicatory proceeding as that term is defined and used in chapter thirty A. Any such determination shall contain a notice of the right to request a hearing and may specify a reasonable time limit, not to exceed twenty-one days, within which said person shall request such hearing. If no such request is timely made, the determination shall be deemed assented to. If a timely request is received, the board shall, within a reasonable time, act upon such request. All adjudicatory proceedings before the board shall be conducted in accordance with all provisions of chapter thirty A governing the conduct of adjudicatory proceedings.
If in making a determination subject to this section, the board finds that an imminent threat to public health or safety or to the environment could result during the pendency of an adjudicatory proceeding, the board may order that the determination become provisionally effective and enforceable immediately upon issuance, and shall remain so notwithstanding and until the conclusion of the adjudicatory proceeding, unless the board orders otherwise during the course of the adjudicatory proceeding.
Any person aggrieved by a final decision of the board in an adjudicatory proceeding held pursuant to this section may obtain judicial review thereof pursuant to the provisions of chapter thirty A.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title II - Executive and Administrative Officers of the Commonwealth
Chapter 21a - Executive Office of Energy and Environmental Affairs
Section 1 - Creation; Secretary; Acting Secretary; Undersecretary
Section 3 - Functions of Secretary; Report
Section 4 - Powers and Duties of Secretary
Section 4a - Coastal Zone Management Office
Section 5 - Program Review Boards; Appointment; Reports; Expenses
Section 6 - Experts and Assistants; Appointment; Qualifications; Classified Employees; Tenure
Section 7 - Departments; Commissioners, Appointment, Removal, Qualifications, Functions, Salary
Section 8 - Organization of Departments; Powers, Duties and Functions
Section 8a - Water Resources Commission; Members; Terms
Section 8b - Chairman; Duties of Commission
Section 8c - Water Supply Policy Statement; Update and Report
Section 8d - Rules and Regulations
Section 8f - Meetings; Expenses; per Diem
Section 9 - Grants and Gifts; Expenditure; Records
Section 10b - Enforcement of Penal Laws
Section 10c - Authority of Officers
Section 10d - Uniforms; Badges; Fine for Unlawful Use
Section 10e - Entry on Private Land; Disposition of Animals
Section 10h - Fines for Categories of Violations
Section 11 - Boating Safety Advisory Board
Section 11a - Bicycle and Pedestrian Advisory Board
Section 12 - Rules and Regulations; Adoption; Review
Section 13a - System Inspectors of On-Site Sewage Disposal Systems; Penalty
Section 14 - Disposal of Dredged Materials
Section 16 - Civil Administrative Penalties
Section 17 - Soil Containing Dangerous Levels of Lead; Cover and Disposal; Regulations
Section 18 - Permit Application and Compliance Assurance Fees; Timely Action Schedules; Regulations
Section 18a - Federal Safe Drinking Water Assessment; Advisory Committee
Section 19 - Definitions Applicable to Secs. 19 to 19j
Section 19a - Board of Registration of Hazardous Waste Site Cleanup Professionals
Section 19d - License Requirement; Regulations
Section 19e - Inspection of Known or Suspected Sites; Warrants
Section 19f - Violations; Orders Issued by Board; Notice to Department
Section 19g - Civil Administrative Penalties
Section 19h - Adjudicatory Hearings; Judicial Review
Section 19i - Jurisdiction of Superior Court
Section 19j - Violations; Penalties
Section 20 - Joint Powers Agreements; Definitions; Approval; Administration
Section 21 - Competitive Procurement of Electric Generation
Section 22 - Carbon Dioxide Cap and Trade Program
Section 23 - Off-Highway Vehicle Advisory Committee
Section 24 - Office of the State Climatologist; Powers and Duties; Term
Section 25 - Water Infrastructure Advisory Committee; Members; Report
Section 26 - Local Seafood Marketing Program; Objectives; Steering Committee