Bill
S 271
Gives class 1 licensees standing to challenge new licenses; requires Registrar to hear appeals within 10 days and decide in 30; allows fast judicial review in Superior Court.
Note about inconsistency in the provided materials
- The bill title and some metadata you provided (e.g., “Defines film zone and excludes the film zone from the additional empire state film production credit,” federal sponsors) do not match the text of the bill. The text of S 271 inserted here is a Massachusetts state-law amendment to Chapter 140, Section 59, concerning issuance and challenge procedures for a “class 1” dealer license. This summary focuses on the bill text as presented (Massachusetts General Laws amendment).
Purpose and intent
- To create a formal administrative and expedited judicial review process allowing persons — including existing class 1 licensees — to challenge the decision of a licensing board or officer that approves and grants a class 1 dealer license when the challenger alleges the applicant did not meet statutory requirements.
Key provisions
- Adds a new paragraph to Section 59 of Chapter 140 (Mass. Gen. Laws):
- Standing: An existing class 1 licensee (licensed under subsection (b) of Section 58) is explicitly given standing to challenge administratively and judicially the issuance of a class 1 license to another person, if the challenger alleges the applicant did not satisfy subsection (b) of Section 58.
- Administrative appeal to the Registrar: A person may appeal to the Registrar within 10 days of the licensing board/officer action.
- Rulemaking: The Registrar must adopt rules and regulations establishing the challenge process.
- Registrar decision timeline: The Registrar must render a decision to affirm or revoke the challenged license within 30 days of receiving the challenge.
- Judicial review: A person aggrieved by the Registrar’s decision may, within 10 days of that decision, appeal to a Superior Court justice in the county where the licensed premises are located.
- Court process: The justice shall provide notice as reasonable, hold a summary hearing, and has equity jurisdiction to review facts and law and may affirm, reverse, or enter appropriate decrees.
Who would be affected
- Existing class 1 licensees who wish to challenge new licenses.
- Applicants seeking class 1 licenses (their approvals could be administratively or judicially contested).
- Licensing boards and licensing officers who approve class 1 licenses.
- The Registrar (state regulatory official), required to promulgate procedures and meet timelines.
- Superior Courts, which would hear expedited appeals.
Procedural/timeline aspects
- 10-day deadline to file administrative appeal with the Registrar after board/officer action.
- Registrar must decide within 30 days of receipt of the challenge.
- 10-day deadline to appeal the Registrar’s decision to Superior Court.
- Court must conduct a summary hearing (timing controlled by the court’s scheduling and notice reasonableness).
Potential impacts and considerations
- Creates a quick, mandatory administrative review step and a fast-track judicial remedy, which could increase oversight and enforcement of statutory requirements for class 1 licenses.
- May lead to more administrative filings and expedited court litigation; could delay finality of newly issued licenses during the challenge window.
- Gives competitors (existing licensees) standing to challenge, which may deter approvals that do not fully meet statutory standards but could also be used tactically to contest competitors.
- Effectiveness and workload depend on the Registrar’s implementing regulations and courts’ handling of summary hearings.
Reference
- Amends Section 59 of Chapter 140 (Mass. Gen. Laws). Timelines and procedures are specified in the bill text as summarized above.
Compiled from official sources — confirm details with the bill’s official record.
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