94- 457 C.M.R. ch. 315, § 13

Current through 2024-51, December 18, 2024

Section 457-315-13 - Appeal

A. In the event that a community development organization's application 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. 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 20 days after the date the Chief Executive Officer mails the notice of rejection to the applicant. The appeal shall be heard at a meeting of the members. The applicant must be present to support the appeal. The appeal shall be based on the record before the Chief Executive Officer on the date of the rejection. The decision of the Chief Executive Officer shall be final unless the members determine that the rejection 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.

B. In the event that there is a dispute between an account holder and the community development organization, it may be appealed to the Chief Executive Officer of the Authority. The Chief Executive Officer's determination shall be final. Notice of the appeal, together with a statement of the reasons why the decision should be reversed or modified, shall be given to the Chief Executive Officer, in writing within 30 days after the date of the decision. The adversary shall have 30 days to respond. The Chief Executive Officer may make a decision based on the materials presented or may set a hearing time and date. If the Chief Executive Officer determines to hold a hearing the appellant must be present to support the appeal. The appeal shall be based on the record before the Chief Executive Officer. The decision of the Chief Executive Officer shall be final agency action appealable to the Superior Court.