See, e.g., Doe, Sex Offender Registry Bd. No. 89230 v. Sex Offender Registry Bd., 452 Mass. 764, 782 (2008) (agency erred in relying on psychiatric manual where petitioner not notified or afforded opportunity to refute that evidence); New York Cent. R.R. v. Department of Pub. Works, 354 Mass. 332, 336 (1968) (facts not properly before department where petitioner did not have opportunity to contest them).

Sex Offender Registry Bd., 65 Mass. App. Cr, 803, 813 (2006). The party challenging an administrative decision bears the burden of demonstrating its invalidity. Faith Assentily of Ged v. State Bldg. Code Mass. App. Cr. 333, 334 (1981). Comm'n, The factual findings of the agency will be overtumed where the reviewing court finds that they were not supported by See G.L. c, 30A, 14 (7). ie substantial evidence.

Sex Offender Registry Board, 459 Mass. 603, 639 (2011) (To the extent that there were any inconsistencies among the statements made by M.L., it was the province of the hearing examiner to evaluate their reliability.); Massachusetts Superior Court Civil Practice J ury Instructions (MCLE 3d ed. 2014), 1.2(b) (It is for you to say how significant any difference is.), The inconsistencies in Lt.

. $3,000 per year Administrative Officer Firearms Licensing (x2) $1,600 each per year $1,600 per year Domestic Violence Officer $1,600 per year Head Firearms Officer $1,600 per year Evidence Officer Sex Offender Registry Officer $1,600 per year $250 per year First Responder $1,625 per year EMT Page 1 of 3 5.

.; Doe No. 10216 v, Sex Offender Registry Bd., 447 Mass. 779, 787 (2006). In most instances, an agency decision will be upheld if it is supported by substantial evidence. See Raytheon Co, v, Director of the Div. of Employment Sec., 364 Mass. 593, 595 (1974). Substantial evidence is such evidence as a reasonable mind might accept as adequate to support a conclusion. G,L. c. 30A, 1(6).

Sex Offender Registry Bd., 452 Mass. 764, 770-771 (2008) (following prudential principle that courts should avoid deciding constitutional issues where there are other grounds for decision). 7 ORDER For the foregoing reasons, it is hereby ORDERED that the Plaintiff's Motion for Judgment on the Pleadings is ALLOWED. and the decision of the Civil Service Commission is VACATED, Pursuant to G.L. c. 30, 49, the case shall be remanded to the Human Resources

or on a day on which a municipal office 's cloceci as authorized by charter. by-law. ordinance or otherwise for a weather-related or public safety emergency. the payment mey be made on the next day on which a municipal offi-e is onen, without nenalty or interest. https://malegislature.gov/Laws/SessionLaws/Acts/2015/Chapter10/Print 4/23/2015 Session Laws: Chapter 10 of the Acts of 2015 Page 11 of 12 days after the effective date of this act, the sex

Sex Offender Registry Bd., 444 Mass. statutory limitations, agencies generally retain 1009 (2005) (rescript) (in absence of inherent authority to reconsider their decisions)? While this proposition is true, such power to reopen should be exercised by an agency with due circumspection sparingly as the cases say. E.g., Covell v. Department_of Social Services, 42 Mass.App.Ct. 427, 433 (1997). See Malone v.

See Doe No. 10800 v, Sex Offender tion Registry Bd, 459 Mass. 603, 638 201 1) (discussing sex offender registry board classifica proceedings), ORourkes BOP record and his driving history, as well as any related police reports, are certainly the kind of evidence on which reasonably persons would rely. Thus, the BPD (and, later, the Commission) was entitled to consider this evidence make reasonable inferences based thereon.

Sex Offender Registry Bd., 456 Mass. 612, 622-623 (2010). The court must consider the record as a whole, but as long as the agency's findings are properly supported, the decision will notbe disturbed by areviewing court. Tri-County Youth Programs, Inc. vy. Acting Deputy Dir. of the Div. of Employment & Training, 54 Mass. App. Ct. 405, 408 (2002). FACTUAL BACKGROUND The Commission made sixty-two findings of fact. [AR 562-575].