Massachusetts General Laws ch. 112 sec. 190 – Hearings; powers of board of real estate appraisers; disciplinary decisions; review of questions of law
Section 190. A. The hearing on any charge or violation of this chapter shall be at a time and place prescribed by the board and shall be conducted in accordance with the provisions of chapter thirty A.
Terms Used In Massachusetts General Laws ch. 112 sec. 190
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
B. The board shall have the power to sue and be sued in its official name as an agency in the commonwealth; to administer oaths; to take testimony and receive evidence concerning all matters within its jurisdiction. In case of disobedience of a subpoena, the board may apply to any court of the commonwealth to require the attendance and testimony of witnesses and the production of documentary evidence. The board, its members and agents, shall be immune from personal liability for actions taken in good faith in the discharge of their responsibilities, and the commonwealth shall hold the board, its members and agents, harmless from all costs, damages and attorneys fees arising from claims and suits against them with respect to matters to which such immunity applies.
C. If the board determines that a state-certified general real estate appraiser, state-certified residential real estate appraiser or state-licensed real estate appraiser has violated any of the provisions of this chapter, it shall prepare a finding of fact and recommend that the appraiser be reprimanded or that his certification or license be suspended or revoked. The decision and order of the board shall be final except as provided in subsection D.
D. Any final decision or order of the board shall be reviewable by the superior court as to questions of law only. Any application for review by said court made by an aggrieved party shall be filed within thirty days after the final decision of the board.