Lighthouse Masonry, Inc. v. Div. of Admin. Law Appeals

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The Attorney General issued four citations to Plaintiffs for failing to pay the prevailing wage to certain employees. Plaintiffs appealed the citations to the Division of Administrative Law Appeals (DALA) under Mass. Gen. Laws ch. 149, 27C(b)(4). Kimberly Fletcher, a DALA administrative magistrate, heard Plaintiffs’ appeal but resigned before DALA issued a decision on the appeal. Shelly Taylor, the chief administrative magistrate of DALA, subsequently reviewed Fletcher’s proposed decision and took over responsibility for deciding the appeal. The DALA then issued a decision on Plaintiffs’ appeal, which affirmed the fourth citation and vacated the first three. Fletcher’s and Taylor’s rationales for vacation differed, however. The superior court affirmed the DALA decision. The Supreme Court affirmed, holding (1) the superior court was correct in affirming the fourth citation; (2) the DALA chief administrative magistrate has the authority to review and approve a hearing officer’s decision in a section 27C(b)(4) appeal before a final opinion issues; and (3) under these circumstances, Taylor’s actions in completing the section 27C(b)(4) hearing and administrative decision process were appropriate. View "Lighthouse Masonry, Inc. v. Div. of Admin. Law Appeals" on Justia Law