LexisNexis Practice Guide: Massachusetts Administrative Law and Practice

This publication combines extensive commentary from both highly experienced lawyers and judges, providing valuable insight into Massachusetts administrative practices and procedures useful to practitioners before both administrative agencies or courts.
Publisher: LexisNexis
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2019 Edition
$211.00
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ISBN: 9781522182887
Publisher: LexisNexis
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Book Edition: 6

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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