Lexis Nexis LexisNexis Practice Guide: Massachusetts Administrative Law and Practice
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LexisNexis Practice Guide: Massachusetts Administrative Law and Practice helps attorneys to gain valuable insight into Massachusetts administrative practices and procedures that are useful to practitioners before both administrative agencies and courts. The Manual provides detailed discussion of both procedural and substantive considerations, together with comprehensive summaries of helpful legal principles and standards of review from highly experienced Massachusetts lawyers and judges. The Manual contains relevant statutes, regulations and court rules. The Manual serves as an easy-to- use “desk reference” to help avoid potential challenges facing administrative law practitioners.
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Table of contents
Chapter 1 INTRODUCTION TO ADMINISTRATIVE LAW
§ 1.01 Nature and Scope of Administrative Law
§ 1.02 Creation and Expansion of Administrative Agencies
Chapter 2 RULEMAKING BY ADMINISTRATIVE AGENCIES UNDER THE APA
§ 2.01 Introduction to Regulations and Rulemaking
§ 2.02 Regulatory Authority
§ 2.03 When the Regulatory Process Is Triggered
§ 2.04 Promulgating Regulations
§ 2.05 Review of Promulgated Regulations
Chapter 3 PROCEEDINGS BEFORE ADMINISTRATIVE AGENCIES
§ 3.01 The Standard Rules of Practice and Procedure
§ 3.02 The Division of Administrative Law Appeals
§ 3.03 Representing Government Agencies in Administrative Proceedings
§ 3.04 Hearings Before Administrative Agencies
§ 3.05 Judicial Remedies Prior To Final Agency Decision
§ 3.06 Powers of Administrative Agency To Order Relief
§ 3.07 Effect of Administrative Agency Decisions
§ 3.08 Enforcement of Agency Decisions
Chapter 4 JUDICIAL REVIEW OF ADMINISTRATIVE AGENCY ACTIONS AND DECISIONS
§ 4.01 Overview of Review Procedures
§ 4.02 Mass. Gen. Laws, Chapter 30A, § 14, Standards of Review
§ 4.03 Mass. Gen. Laws, Chapter 30A, § 14, Scope of Review
§ 4.04 Judicial Review of Agency Interpretations of Law
§ 4.05 Other Statutory Bases For Judicial Review
§ 4.06 Declaratory Judgments
§ 4.07 Limitations On Judicial Review: Primary Jurisdiction, Ripeness, Mootness, Finality, and Exhaustion of Administrative Remedies
§ 4.08 The Attorney General’s Representation of State Administrative Agencies in Litigation
§ 4.09 Superior Court Standing Order 1-96
§ 4.10 Remedies Available Upon Judicial Review of Administrative Agency Decisions
§ 4.11 Federal Court Review of State Administrative Agency Proceedings
§ 4.12 Appendices
Chapter 5 THE PUBLIC RECORDS LAW: ACCESS TO GOVERNMENT RECORDS AND INFORMATION
§ 5.01 Introduction
§ 5.02 The Federal FOIA and Privacy Act
§ 5.03 The Massachusetts PRL
§ 5.04 Appendices
Chapter 6 THE OPEN MEETING LAW
§ 6.01 Introduction
§ 6.02 Legislative History
§ 6.03 Key Definitions
§ 6.04 Education and Training
§ 6.05 Communications Among Public Body Members
§ 6.06 Notice
§ 6.07 Open Sessions
§ 6.08 Executive Sessions
§ 6.09 Remote Participation
§ 6.10 Voting on Matters When the Voter has Missed a Hearing Session
§ 6.11 Suggested Town Meeting Articles
§ 6.12 Suggested Motions Under Town Meeting Warrant Articles
§ 6.13 Minutes and Documents
§ 6.14 Public Records
§ 6.15 The Attorney-Client Privilege
§ 6.16 Enforcement and Complaints
§ 6.17 Recommended Resources
§ 6.18 Appendices
Chapter 7 WHERE TO FIND ADMINISTRATIVE AGENCY MATERIALS
§ 7.01 Introduction
§ 7.02 The Code of Massachusetts Regulations
§ 7.03 The Massachusetts Register
§ 7.04 Tracing the History of a Regulation
§ 7.05 Administrative Agency Procedural Rules
§ 7.06 The Massachusetts State Building Code
§ 7.07 Executive Orders
§ 7.08 Attorney General
§ 7.09 Massachusetts Administrative Agency Decisions and Guidances
§ 7.10 Online Sources for Massachusetts Administrative Agency Regulations and Decisions
§ 7.11 Directories of Massachusetts State Agencies
Appendix A: MASSACHUSETTS GENERAL LAWS, Chapter 30A, STATE ADMINISTRATIVE PROCEDURE
Appendix B: MASSACHUSETTS GENERAL LAWS, Chapter 249 AUDITA QUERELA, CERTIORARI, MANDAMUS AND QUO WARRANTO, §§ 4, 4A, 5
Appendix C: MASSACHUSETTS GENERAL LAWS, Chapter 231A, PROCEDURE FOR DECLARATORY JUDGMENTS
Appendix D: SUPERIOR COURT STANDING ORDER 1-96, ALM Super. Ct. 1-96
Appendix E: CODE OF MASSACHUSETTS REGULATIONS, EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE, 801 CMR §§ 101–104
Appendix F: CODE OF MASSACHUSETTS REGULATIONS, OFFICE OF THE SECRETARY OF THE COMMONWEALTH, 950 CMR §§ 20.01–20.06
Appendix G: MANUAL FOR CONDUCTING ADMINISTRATIVE ADJUDICATORY PROCEEDINGS, 2012 EDITION
Appendix H: THE REGULATIONS MANUAL (2008)
Appendix I: THE MASSACHUSETTS ADMINISTRATIVE PROCEDURE ACT
TABLE OF CASES
TABLE OF STATUTES
INDEX
