Bill
S 1235
The bill requires a de novo review in CH.30A appeals for Commission decisions suspending more than two weeks or decertifying.
Status snapshot
- Senate Docket No.: 1841 (filed 01/16/2025); presented by Senator Jacob R. Oliveira.
- Short title in bill text: "An Act relative to due process."
- Official change: Adds a sentence to Chapter 6E, §10(f) of the Massachusetts General Laws.
- Legislative actions: Referred to committees, print number 1235A, and recorded as SUBSTITUTED BY A3224 (03/04/2025). Hearings were scheduled for 09/09/2025. (See “Notes” below about inconsistent metadata.)
Purpose and intent
- The bill is intended to strengthen procedural protections for parties appealing certain disciplinary decisions by the Commission created under Chapter 6E of the Massachusetts General Laws by requiring a de novo review in CH.30A appeals when the Commission imposes suspensions longer than two weeks or decertification.
Key provision
- Amendment to Chapter 6E, section 10(f): Adds the following mandatory requirement:
- “For all decisions of the Commission resulting in suspensions in excess of 2 weeks or decertification, the CH.30A appeal shall include a de novo review.”
- CH.30A refers to Chapter 30A of the Massachusetts General Laws (the state Administrative Procedure Act), which governs administrative appeals and judicial review of agency actions.
- “De novo review” means the reviewing court (or tribunal) will consider the matter anew — not limited to the agency record — allowing fresh consideration of facts, evidence, and legal conclusions rather than a deferential standard (e.g., “substantial evidence” or “abuse of discretion”).
Who is affected
- Entities and individuals regulated by the Commission established under Chapter 6E (those subject to suspensions or decertification by that Commission).
- The Commission itself — its disciplinary decisions would face a less deferential standard on appeal.
- Courts or tribunals handling CH.30A appeals — workload and scope of review may expand.
- Indirectly affected stakeholders could include consumers or clients of regulated entities if enforcement timing or outcomes change.
Potential impacts
- Increased procedural protections for respondents: greater chance of reversal or modification on appeal because reviewers can reexamine facts and law.
- Greater administrative and judicial workload: de novo review typically requires more extensive proceedings (additional fact-finding, hearings), potentially increasing time and cost for appeals.
- Possible changes in Commission practice: the Commission may modify investigation, evidentiary, or procedural processes to anticipate heightened appellate scrutiny.
- No direct fiscal figures are provided in the bill text.
Procedural timeline & status
- Introduced/Filed: 01/16/2025 (Senate Docket No. 1841, Senate No. 1235).
- Print/Amend: Print No. 1235A noted (02/20/2025).
- Substitution: SUBSTITUTED BY A3224 (03/04/2025) — indicates a companion/house version may have replaced the Senate text for further action.
- Hearings scheduled for 09/09/2025 (per docket entries).
Notes and data inconsistencies
- Some provided metadata (title referencing New York medical care facilities finance agency; sponsor lists including federal senators; committee referrals to unrelated committees) conflicts with the bill text, which is a Massachusetts bill about due process under Chapter 6E. The summary above is based on the bill text itself; other metadata appears to be erroneous or conflated from different measures. Readers should treat the bill text (Chapter 6E amendment) as authoritative and consult the official legislative site for final status and the companion A3224 for any modifications.
Compiled from official sources — confirm details with the bill’s official record.
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