Section 3P: Appeal to board of electricians' appeals; judicial review
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/ma/part-i/title-xx/chapter-143/3p·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 3P. Whoever is aggrieved by a notice, interpretation, order, requirement or direction of an inspector of wires or other person charged with the enforcement of the rules and regulations of the board of fire prevention regulations, may, within ten days after the service of notice thereof, appeal therefrom, to the board of electricians' appeals. Said board shall, after such notice as it may direct, hold a public hearing on such appeal at a time and place to be fixed by it, but not later than thirty days after the entry of such appeal, unless such time shall be extended by agreement with the appellant.
The appellant may appear in person or by agent or attorney at such hearing. Said board shall hear all pertinent evidence and determine the facts, and shall issue an appropriate decision or order reversing, affirming or modifying in whole or in part said notice, interpretation, order, requirement or direction. Such decision or order of the board shall be made within a reasonable time, and within forty-five days after such hearing, unless such time is extended by like agreement.
The board shall forthwith send by registered mail a copy of its decision or order to the interested parties.
Any person aggrieved by a decision or order of the board of electricians' appeals, whether or not a party to the proceeding, or any municipal board or officer, may within thirty days after receipt of notice of such decision or order appeal to the superior court sitting in equity for the county in which the building or installation concerned is situated. Said court shall hear all pertinent evidence and determine the facts and may annul such decision if it is found to exceed the authority of said board, or may make such other decree as justice and equity may require.
The foregoing remedy shall be exclusive, but the parties shall have all rights of appeal and exception as in other equity cases. Costs shall not be allowed against the board unless it appears to the court that said board acted with gross negligence or in bad faith or with malice in making the decision or order appealed from. Costs shall not be allowed against a party appealing from the decision or order of said board unless it appears to the court that said appellant acted in bad faith or with malice in making the appeal to the court.
Compliance with any notice, interpretation, order, requirement or direction of an inspector of wires or other person charged with the enforcement of the rules and regulations of the board of fire prevention regulations shall be excused pending the final determination of any appeal therefrom taken under this section.