P&CMAhard
After the MA Commissioner of Insurance issues a final agency decision following an adjudicatory hearing, where does an aggrieved licensee seek judicial review, and what standard governs review of the agency's factual findings?
ASupreme Judicial Court directly, applying de novo review of all factual findings without any deference to the agency record
BU.S. District Court for the District of Massachusetts, applying federal arbitrary-and-capricious review
Superior Court under M.G.L. c. 30A §14, with factual findings sustained if supported by substantial evidence in the record
DAppellate Tax Board, applying de novo review on the entire record
Why this is the answer
Under c. 30A §14, a person aggrieved by a final decision of the Commissioner of Insurance may seek judicial review in Superior Court within 30 days. The court defers to agency factual findings supported by substantial evidence on the record as a whole and reviews legal questions more closely.
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