Conservation Commissions have 21-days from the close of the hearing to issue Orders of Conditions.
A Supreme Judicial Court Case from a few years ago had the quote: Government works slow and the Commission Staff cannot always meet the 21-day deadline for the issuance of an Order of Conditions.
Our Agent's father is ill and she has been spending all her available time with the man. Orders have been coming out late.
My problem: they have been dated 21-days after the close of the hearing but they have not been signed until 28-days after the close of the hearing.
I am a little concerned that Faking the date is a bit unethical.
>
> I am a little concerned that Faking the date is a bit unethical.
"...a bit.."?
When it comes to government documents I think more than a bit unethical. More like criminal conduct. If the time allotted by law isn't enough, then change the law. If it just wasn't done on time, ok, be honest about when it was done. But faking is fraud.
Larry P
Faking
Well, the faking has a bigger issue.
There is a 10-business day appeal period following the issuance of an Order. By actually issuing 5-7 business days after the fake date, the appeals period drops down to 3-5 business days.
Faking
> Well, the faking has a bigger issue.
>
> There is a 10-business day appeal period following the issuance of an Order. By actually issuing 5-7 business days after the fake date, the appeals period drops down to 3-5 business days.
And if I am concerned you might actually appeal, why not just go ahead and fake a signature older than 10 days. That way your ability to appeal is gone completely. Sounds like a good plan to me. They could put a stop to anyone being able to question their authority. (insert face palm here)
Yep, faked date = fraud.
Larry P
The 21-day issue gets a little confusing when some commissions ask you to waive your 21 day right at the submission of the NOI, allowing them to take as much time as they choose. The commission gets 21-days to have a meeting concerning the NOI and then another 21-days from that first public hearing, if the miss these deadlines then what you have is an automatic approval. They only have 21-days unless the applicant allows the commission an extension.
> The 21-day issue gets a little confusing when some commissions ask you to waive your 21 day right at the submission of the NOI, allowing them to take as much time as they choose. The commission gets 21-days to have a meeting concerning the NOI and then another 21-days from that first public hearing, if the miss these deadlines then what you have is an automatic approval. They only have 21-days unless the applicant allows the commission an extension.
The SJC did not say there was an automatic approval.
Page 864:
Given that the commission's decision was not timely, what is the remedy? Here and in the Superior Court, the plaintiffs' position -- which the Superior Court judge incorporated into the judgment -- is that the failure of the commission to meet the twenty-one day time requirement results in the constructive grant of OCP's notice of intent. We disagree.
There is more.
http://masscases.com/cases/sjc/449/449mass859.html
You can watch the oral arguments through Suffolk University. Jim Quirk is fun to watch.
> Conservation Commissions have 21-days from the close of the hearing to issue Orders of Conditions.
>
> A Supreme Judicial Court Case from a few years ago had the quote: Government works slow and the Commission Staff cannot always meet the 21-day deadline for the issuance of an Order of Conditions.
>
> Our Agent's father is ill and she has been spending all her available time with the man. Orders have been coming out late.
>
> My problem: they have been dated 21-days after the close of the hearing but they have not been signed until 28-days after the close of the hearing.
>
> I am a little concerned that Faking the date is a bit unethical.
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So Thadd, if I hear you correctly , the ConsComm signed the orders and predated their signature? I'm not sure this is your problem. Or if there is fraud involved on behalf of the ConsComm.
What is the time frame required to record the Order of Conditions?
Not really my problem. In fact, it is beneficial to my client. Even though the order was late, the appeals period will expire as if the order was issued at the 21-day mark. My client is anxious to start.
My concern is really for the Town Staff. If someone wanted to appeal, this would be a powerful argument.
The 10-day appeal starts from the date postmarked on the receipt of the OOC, not the date written on the OOC. So the CC will have cost you more like 3-weeks when it is all said and done.
The CC does not know that 😉