Adjudicatory Hearings

Pursuant to M.G.L. c. 20, § 23(c), any Owner aggrieved by a decision of the Department denying a request for a Certificate of Approval for agricultural activities or Structures or for a Special Permit, or any Owner who is subject to and aggrieved by a Determination of the Department to exercise or assign a Right of First Refusal or Option to Purchase Real Estate at Fair Market Agricultural Value may request an Adjudicatory Hearing before the ALPC. (1) Certificate of Approval and Special Permit. Upon receipt of a request for an Adjudicatory Hearing, the ALPC shall: (a) hold an Adjudicatory Hearing; (b) designate a hearing officer who shall preside over the hearing, assemble an official record of the hearing, and submit a proposed written decision to the ALPC; and (c) render the final decision. (2) Right of First Refusal or Option to Purchase Real Estate at Fair Market Agricultural Value. (a) The Department shall: 1. notify the APR Parcel Owner, who may be then the aggrieved Owner, in writing by certified mail of the notice of election to purchase not more than three business days after said decision is made by the Department to exercise or assign a Right of First Refusal or Option to Purchase Real Estate at Fair Market Agricultural Value; and 2. include notice that the Owner has a right, not more than ten business days after receipt of such determination by the Department, to request an Adjudicatory Hearing before the ALPC. (b) The ALPC shall: 1. upon receipt of a timely request, hold an Adjudicatory Hearing within a reasonable time; 2. designate a hearing officer who shall preside over the hearing, assemble an official record of the hearing, and submit a proposed written decision to the ALPC; and 3. make the final decision not more than 15 business days after holding the Adjudicatory Hearing. (c) The Owner shall: 1. provide written consent to extend the time period to allow for the completion of the Adjudicatory Hearing and for the Department to finalize a sale should the Department prevail in the event that the time period established in the APR to exercise its Right of First Refusal or Option to Purchase Real Estate at Fair Market Agricultural Value together with the time period to complete the underling land sale if the rights are assigned is less than 90 days in total; and 2. have the above consent modify the time periods set forth in the APR but shall not affect any other APR term or right.