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2 | 2 | | SENATE DOCKET, NO. 354 FILED ON: 1/12/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 271 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Patrick M. O'Connor |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to the issuance of a class 1 dealer license. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Patrick M. O'ConnorFirst Plymouth and Norfolk 1 of 2 |
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16 | 16 | | SENATE DOCKET, NO. 354 FILED ON: 1/12/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 271 |
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18 | 18 | | By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 271) of Patrick M. O'Connor for |
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19 | 19 | | legislation relative to the issuance of a class 1 dealer license. Consumer Protection and |
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20 | 20 | | Professional Licensure. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE SENATE, NO. 204 OF 2023-2024.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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26 | 26 | | (2025-2026) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act relative to the issuance of a class 1 dealer license. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 Section 59 of chapter 140 of the General Laws, as appearing in the 2014 Official Edition, |
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32 | 32 | | 2is hereby amended, at the end thereof, by inserting the following new paragraph: |
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33 | 33 | | 3 A person, within ten days of such action, may appeal to the registrar the action of a |
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34 | 34 | | 4licensing board or officer to approve and grant a class 1 license to a party pursuant to section 58 |
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35 | 35 | | 5and this section. For the purposes of this section, a class 1 licensee, licensed under subsection (b) |
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36 | 36 | | 6of Section 58, shall be deemed to have standing to challenge, administratively and judicially, the |
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37 | 37 | | 7issuance of a class 1 license to another person by a licensing board or officer under this chapter if |
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38 | 38 | | 8said class 1 licensee, asserting a challenge, alleges that said licensing board or officer has |
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39 | 39 | | 9approved a class 1 license to a party that has not satisfied the requirements of said subsection (b) |
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40 | 40 | | 10of section 58. The registrar shall adopt rules and regulations providing for a process in which a 2 of 2 |
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41 | 41 | | 11person, including, but not limited to, a class 1 licensee, licensed under subsection (b) of section |
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42 | 42 | | 1258, may challenge the decision of a licensing board or officer pursuant to this section. The |
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43 | 43 | | 13registrar shall render a decision either to affirm or revoke the license in dispute within thirty days |
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44 | 44 | | 14of receipt of the challenge. A person who is aggrieved by the decision of the registrar to re-affirm |
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45 | 45 | | 15or revoke the approval of the class 1 license so challenged pursuant to the process herein may, |
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46 | 46 | | 16within ten days after such action by the registrar, appeal therefrom to any justice of the superior |
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47 | 47 | | 17court in the county in which the premises sought to be occupied under the license or permit |
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48 | 48 | | 18applied for are located. The justice shall, after such notice to the parties as he deems reasonable, |
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49 | 49 | | 19give a summary hearing on such appeal, and shall have jurisdiction in equity to review all |
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50 | 50 | | 20questions of fact or law and may affirm or reverse the decision of the board or officer and may |
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51 | 51 | | 21make any appropriate decree. |
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