Current through 2024-51, December 18, 2024
Section 564-3-9 - DecisionA.Voting: A quorum consisting of a majority of the members currently serving on the Appeals Panel shall be necessary for action by the Panel. A tie vote constitutes denial of the appeal unless a majority of the Appeals Panel members subsequently vote at that meeting for another action on the appeal or to table the appeal until another meeting. In the case of a tie vote, the findings and reasoning of the Appeals Panel members voting to deny the appeal constitute the findings and reasoning for denial of the appeal.B.Participation by Panel Members: No member of the Appeals Panel may participate in review of an appeal if the member has a direct or indirect pecuniary interest in the outcome of the appeal, or if the member represents, or is member of a firm or association which represents, the interest of any of the parties before the Panel in the appeal under consideration. Where a Panel member does not voluntarily abstain in such situations, the remaining members of the Appeals Panel may determine, by majority vote, whether abstention is required.C.Action of the Panel: After consideration of the appeal, the Appeals Panel may take the following action by majority vote:1) Grant the appeal in whole or in part;2) Deny the appeal in whole or in part;3) Remand the appeal back to the Commissioner or State Fire Marshal; or4) Continue the appeal to a later date.D.Effective Date of Decision: The decision of the Appeals Panel is not final until the Chair or the Chair's designee signs the written decision.E.Judicial Review: Decisions of the Appeals Panel are subject to judicial review pursuant to Title 5, Chapter 375, subchapter VII.90- 564 C.M.R. ch. 3, § 9