HOUSE . . . . . . . No. 3241
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The Commonwealth of Massachusetts

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PETITION OF:
William F. Galvin

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In the Year Two Thousand and Seven.
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AN ACT RELATIVE TO THE SUPERVISION OF PUBLIC
RECORDS/ADMINISTRATIVE LAW APPEALS DIVISION.

Be it enacted by the Senate and House of
Representatives in General Court assembled, and by the
authority of the same, as follows:

SECTION 1.

Section 1 of Chapter 66 of the General Laws, as
appearing in the 2004 Official Edition, is hereby
amended in line 11, by adding at the end thereof the
following paragraphs:--

Administrative Law Appeals Division within the Office of
the Secretary of the Commonwealth Public Records Division;
Chief Administrative Magistrate;
Conduct of Hearings, etc.



The Division of Public Records under the authority of the
Office of the Secretary of the Commonwealth is hereby
authorized by law to conduct adjudicatory proceedings and
promulgate regulations relative to conducting said
proceedings.

There shall be within the Office of the Secretary of the
Commonwealth Public Records Division a division of
administrative law appeals under the direction of a chief
administrative magistrate who shall be appointed by the
Secretary of the Commonwealth.

Said chief administrative magistrate, shall be a resident
of the commonwealth at the time of his appointment and
shall be a person with substantial experience as a trial
attorney.

He shall hear, or assign for hearing, appeals filed
pursuant to this chapter or regulations promulgated
thereof, shall make available full-time Presiding Officers
who serve as administrative magistrates or the equivalent
thereof, to hear appeals assigned pursuant to this chapter.

Said Presiding Officers shall serve under the direction,
supervision and control of the Secretary of the
Commonwealth and shall be utilized to expedite appeals of
the Public Records Division.

The chief administrative magistrate, subject to the
approval of the Secretary of the Commonwealth, shall, when
necessary, promulgate regulations governing the proceedings
or appeals to be so conducted or heard prior to conducting
or hearing any proceedings or appeals.



It shall be the responsibility of said chief administrative
magistrate to organize his Division to provide speedy and
fair disposition of all appeals and to establish policies
that will encourage and aid parties in their compliance
with this chapter.

Subject to appropriation, he may employ such persons as may
be required to discharge the responsibilities of the
Division, including Presiding Officers who shall be members
of the bar of the commonwealth.



The Division may summon witnesses, administer oath and
require the production of books, records, papers,
electronic records and any other document at any hearing
before the Division, upon any matter within its
jurisdiction.

Witnesses may be summoned by any party to the proceeding in
the same manner, be paid the same fees and be subject to
the same penalties as witnesses in civil cases before the
courts of the commonwealth.



The Division may institute by its own initiative
appropriate proceedings in the court with appropriate
jurisdiction for enforcement of its final orders or
decisions.

Any party aggrieved by a final order or decision of the
Division following a hearing pursuant to any section of
this chapter or chapter thirty-one A may institute
proceedings for judicial review in the superior court
within thirty days after receipt of such order or decision.

Any proceedings in the court with appropriate jurisdiction
shall, insofar as applicable, be governed by the provisions
of section fourteen of chapter thirty A, and may be
instituted in the court with appropriate jurisdiction.
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