Massachusetts Superior Court Standing Order 6-80: Complaints For Judicial Review Of Surcharge Matters Under G.L. c. 175, s. 113P; Notice To The Department Of The Attorney General; Form Complaints
Applicable to All Counties Effective July 7, 1980.
Upon filing of a complaint seeking judicial review of any finding or order made by the Board of Appeal on Motor Vehicle Liability Policies and Bonds (Board) under G.L. c. 175, s. 113P, notice shall be given to the Government Bureau, Department of the Attorney General, John F, McCormack State Office Building, One Ashburton Place, Boston, MA 02108. Such review is pursuant to G.L. c. 30A, s. 14 (see Acts of 1979, c. 182). Notice shall therefore also be given pursuant to G.L. c. 30A, s. 14(2), and Mass.R.Civ.P. 4(d)(3) to the Board and to each party to the administrative proceeding. As in any other 30A, s. 14, action, after the complaint is filed and served the defendants then have 20 days to respond.
To assist an aggrieved party seeking judicial review a pre-printed form complaint has been drafted. This form shall be made available in the respective offices of the Clerk-Magistrates in the various counties.
COMPLAINT FOR JUDICIAL REVIEW
COMMONWEALTH OF MASSACHUSETTS
Superior Court
No.____________
____________, ss.
____________ Plaintiff
vs.
____________ Insurance Company and Board of Appeal on Motor Vehicle
Liability Policies and Bonds, Defendants
COMPLAINT FOR JUDICIAL REVIEW
(In Connection With Denial Of Appeal Of a Surcharge)
1. This is a complaint seeking judicial review pursuant to G.L. c. 30A, s. 14, and G.L. c. 175, s. 113P.
2. Plaintiff ____________ is a resident in the Commonwealth of Massachusetts and lives at ____________.
3. Defendant ____________ Insurance Company (Company) is a corporation with a principal place of business at ____________.
4. Defendant Board of Appeal on Motor Vehicle Liability Policies and Bonds (Board) is an agency of the Commonwealth having its principal office at 150 Causeway Street, Boston, MA 02114.
5. Plaintiff is aggrieved by a decision of defendant Board denying plaintiffs appeal of a surcharge imposed on plaintiff by defendant Company.
6. A memorandum of the Board's decision was filed in the Office of the Commissioner of Insurance, Board of Appeal, on ____________, 19__.
7. Plaintiff's appeal is based on an assertion that defendant Board's finding was (check the applicable section and write an explanation in the blank lines following):
a. not supported by substantial evidence because
_________________________________________________________
_________________________________________________________
b. contrary to law because ____________________________
_________________________________________________________
_________________________________________________________
c. in excess of its authority because _________________
_________________________________________________________
_________________________________________________________
d. based on unlawful procedure because ________________
_________________________________________________________
_________________________________________________________
e. in violation of constitutional standards because ___
_________________________________________________________
_________________________________________________________
f. arbitrary and capricious because ___________________
_________________________________________________________
_________________________________________________________
WHEREFORE, plaintiff requests the following relief (fill in):
_________________________________________________________
_________________________________________________________
_________________________________________________________
Name: ___________________________
Address: ________________________
Telephone: ______________________
Signed under the penalties of perjury.
_______________________________________________
Dated: ____________ 19__
NOTIFY (1) GOVERNMENT BUREAU (DEPT. OF ATTY. GENERAL): (2) THE BOARD OF APPEAL, AND (3) ANY OTHER PARTY TO THE APPEAL. SEE STANDING ORDER NO. 6-80.
Adopted May 29, 1980, effective July 7, 1980.