94- 457 C.M.R. ch. 203, § 10

Current through 2024-51, December 18, 2024
Section 457-203-10 - Appeal to the Members

In the event that an application for an allocation, reservation for an allocation or a carry forward designation is rejected by the chief executive officer, the applicant shall have the right to appeal the decision of the chief executive officer to the members of the Authority. Notice of the appeal, together with a statement of the reasons why the chief executive officer's decision should be reversed or modified, shall be given to the chief executive officer in writing within fourteen days after the date on which the chief executive officer mailed the notice of decision to the applicant. The appeal shall be heard at a meeting of the members, and the applicant must be present to support the appeal. The members ordinarily meet once each month. The appeal shall be based on the record before the chief executive officer on the date of the decision. The decision of the chief executive officer shall be final unless the members determine that the decision by the chief executive officer was arbitrary, capricious or an abuse of discretion in which event the members may overturn or modify the decision of the chief executive officer and may direct the chief executive officer to take further action with respect to the application. No decision of the members to overturn or modify any decision of the chief executive officer shall result in the rescission, cancellation or other disturbance of any allocation, reservation or allocation or carryforward designation awarded by the chief executive officer. Notwithstanding the pendency of any appeal, the Authority may, in its sole and uncontrolled discretion, unless and until stayed by valid order of a Court, continue to award allocations, reservations of allocations and carryforward designations to other applicants pursuant to this rule.

94- 457 C.M.R. ch. 203, § 10