Appeals Court: BARRY BLOOMSTEIN v. DEPARTMENT OF PUBLIC SAFETY

KeywordsLicense. State Building Code. Administrative Law, Decision, Findings, Proceedings before agency. Moot Question

The Appeals Court today issued its decision in Bloomstein v Department of Public Safety, in which the DPS had increased a recommended 3 month suspension of a construction supervisor’s license to 12 months.  The Superior Court upheld that action.  The Appeals Court reversed and remanded, finding numerous procedural errors by the agency and non-compliance with G.L. c. 30A process.  Among other errors, the Board members who did not hear the case did not read the record.  One member stated on the record “that she “[j]ust couldn’t even imagine reading through all these exhibits.”  Click here for the full text of the Appeals Court’s decision.

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