Civil Court Action

(1) Claims submitted to the Board pursuant to M.G.L. c. 21J, and procedures for acting on such Claims, including the provisions of 503 CMR 2.00 shall not be adjudicatory proceedings and shall not be subject to those provisions of M.G.L. c. 30A, or any other law governing adjudicatory proceedings, except the provisions of 503 CMR 2.00 and the policies and practices of the Board. Any Claimant, pursuant to 503 CMR 2.08, aggrieved by the denial of a Claim or by any other action of the Board in connection with a Claim may bring a civil action in the nature of certiorari pursuant to M.G.L. c. 249, § 4. Any such civil action shall commence within 30 days of the date of the final determination or other final action of the Board. No legal action may be brought pursuant to M.G.L. c. 21J, 503 CMR 2.00 or any other law where the denial of a Claim or any other action on a Claim was based solely on insufficient available funds. (2) For purposes of 503 CMR 2.22: (a) If no Request for Reconsideration or Request for Conference is received by the Board pursuant to the provisions of 503 CMR 2.18, then a final action of the Board finding Claimant ineligible to receive Reimbursement from the Fund or denying or limiting Reimbursement from the Fund for a Claim shall be effective 30 days after the day on which final written notice of the action is sent to the Claimant. (b) If a Request for Reconsideration or Request for Conference is received by the Board pursuant to the provisions of 503 CMR 2.18, then an action of the Board finding a Claimant ineligible to receive Reimbursement from the Fund or denying or limiting Reimbursement from the Fund for a Claim shall be effective on the day on which final notice of the Board's action in response to the Request for Reconsideration is sent to the Claimant. Any Reimbursement to the Claimant based on the Board's final action or on the Claim that is the 2. 18: continued (d) The following provisions apply to requests by an Applicant for a Conference based on Hardship: 1 . The Board may, in accordance with the purpose ofM.G.L. c. 21J and 503 CMR 2.00, grant an Applicant a request for Conference if the request is based, in whole or in part, on the Applicant's presentation of a hardship. Only a Claimant who filed a Claim and a Request for Reconsideration and was aggrieved at both the Claim and the Request for Reconsideration Stages can request a Conference based on hardship. 3. Any Applicant may request a Conference based on hardship if the denial of an application, Claim, or a portion of a Claim, was based on an untimely filing pursuant to 503 CMR 2. 10.