The Office of the Administrative Law Judge is established pursuant to M.G.L. c. 6C, §40, as amended by St. 2009, c. 25, §8.
Its essential function is to make fair and impartial decisions on disputes involving the Department, including:
- construction contract disputes appealed from decisions of the Chief Engineer
- appeals from the denial of outdoor advertising permits by the Department's Division of Outdoor Advertising
- contractor appeals from decertification of disadvantaged minority business enterprises
- appeals from decisions of the Department’s Right of Way Bureau pursuant to the requirements of 49 CFR Part 24 §24.10
- and other matters as assigned by the Secretary of Transportation
- Albert Caldarelli - Administrative Law Judge
- Lisa Harol - Administrator - 857-368-9495
Office of the Administrative Law Judge
10 Park Plaza, Suite 6620
Boston, MA 02116
Rules of Practice and Procedures
The Office of the Administrative Law Judge has established rules and procedures for fair and efficient disposition of disputes and appeals.
Construction Contract Appeals
A contractor aggrieved by a final written decision of the department Engineer may appeal in writing to the ALJ, who holds a hearing and then writes a report and recommends a decision to the Secretary. The procedure to be followed in making appeals to the ALJ is set forth in the Standard Provisions for Highways and Bridges at Subsection 7.16.
The majority of appeals before the ALJ involve road and bridge contract disputes as, for example, contractor claims for additional payment due for extra work, alterations in the work, changed conditions, increased or decreased quantities and the like. Appeals may also arise from contractor petitions to the MassDOT Highway Division Administrator to favorably exercise her discretion-for example, to allow an equitable adjustment in the contract price for costs of delay not the fault of the contractor.
Subcontractor Direct Payment Demands
The ALJ rules on subcontractor direct payment demands brought under G.L. c.30, s.39F
Subcontractor direct payment demands should be sent certified mail and addressed to Director, Fiscal Operations of MassDOT, 10 Park Plaza, Room 5510, Boston, MA 02116-3973.
Outdoor Advertising Permits
In accordance with 700 CMR 3.19, the ALJ hears appeals from the denial of outdoor advertising permits by the Department’s Division of Outdoor Advertising
Pursuant to the requirements of 49 CFR Part 24 §24.10, the ALJ hears appeals from decisions of the Department’s Right of Way Bureau
Unified Certification Program
Pursuant to 49 CFR Part 26 EOT Subparts D and E, MassDOT has established a Massachusetts Unified Certification Program ("UCP") at the Supplier Diversity Office (SDO) for all recipients and individuals seeking to do business with transportation agencies as Disadvantaged Business Enterprises (DBEs). The ALJ is a member of the Adjudicatory Board designated to hear appeals from the denial of UCP certification.