Commissioner and Judicial Review

(A) The Commissioner shall review the recommended decision of the hearing officer in any adjudicatory proceeding conducted pursuant to 801 CMR 1.01: Formal Rules. The decision of the Commissioner shall constitute a final agency decision in an adjudicatory proceeding, and is subject to judicial review pursuant to M.G.L. c. 30A, § 14. (B) A Licensed or Approved Provider or applicant that fails to exercise the right to an adjudicatory proceeding pursuant to 105 CMR 164.020 waives both the right to administrative review by the Commissioner and the right to judicial review pursuant to M.G.L. c. 30A, § 14.