July 12, 2017
MEMORANDUM OF DECISION AND ORDER ON THE PARTIES'
CROSS MOTIONS FOR JUDGMENT ON THE PLEADINGS
C. Cosgrove, Justice
Janet Scatto-Bobillier on the same day pled guilty to two
separate complaints of operating under the influence of an
alcoholic beverage, and was sentenced to concurrent first
offender dispositions. Thereafter, the Registrar of Motor
Vehicles imposed certain conditions, and Scatto-Bobillier
exercised her right to appeal to the Board of Appeal on Motor
Vehicle Liability Policies and Bonds. G.L.c. 90, § 28.
The matter is now before this court on the plaintiff's
administrative appeal from the Board's decision pursuant
to G.L.c. 30A, § 14. Both sides have moved for judgment
on the pleadings.
review of the administrative record reveals the following.
19, 2015, Scatto-Bobillier was arrested in Bridgewater and
charged with operating a motor vehicle under the influence of
liquor. (R. 1, 8.) On February 20, 2016, she was again
arrested for OUI, this time in West Bridgewater. (R. 1, 8.)
She was offered a chemical test of her breath or blood and
refused. That refusal was reported to the Registrar of Motor
Vehicles, who found that Scatto-Bobillier had no prior
convictions or program assignments for OUI. The chemical test
refusal driver's license suspension would be for 180
days, beginning February 20, 2016. (R. 5). On April 14, 2014,
Scatto-Bobillier admitted to sufficient facts on both
complaints. The court continued the cases without a finding
for one year, imposed a 45-day loss of license, and ordered
Scatto-Bobillier to complete an alcohol education program.
See G.L.c. 90, § 24D. (R. 8; 16-17.)
recounted in the administrative record,
On September 15, 2016, Scatto-Bobillier appeared with
counsel, before the Board of Appeal on Motor Vehicle
Liability Policies and Bonds (Board) to appeal the Registrar
of Motor Vehicles (Registrar) order imposing a 90-day OUIL
license suspension and to require an ignition interlock
device (IID), for two years from the date of installation, as
required by G.L.c. 90, § 241/2. After the hearing, the
Board modified the Registrar's order and reduced the
90-day OUIL license suspension to 45 days, as ordered by the
Court. The Board affirmed the second OUIL license suspension
but ran both 45-day license suspensions concurrently,
starting August 18, 2016, the completion date of the chemical
test refusal suspension. The Board affirmed the requirement
that Scatto-Bobillier have an IID in her vehicle for two
years after she fully reinstates. See G.L.c. 90, §
has appealed to this court, seeking relief from the
requirement that she have an IID in her vehicle for two years
after she fully reinstates.
General Laws c. 30A, § 14, grants any person or entity
aggrieved by a decision of any agency in an adjudicatory
proceeding the right to appeal that decision to the Superior
Court. Unless irregularities in the procedure before the
agency are alleged, a court's review of an agency
decision is confined to the administrative record. G.L.c.
30A, § 14(5). The party appealing an administrative
decision pursuant to G.L.c. 30A, § 14, bears the burden
of demonstrating its invalidity. Merisme v. Board of
Appeals on Motor Vehicle Liab. Policies & Bonds, 27
Mass.App.Ct. 470, 474, 539 N.E.2d 1052 (1989).
court may reverse or modify the agency decision only "
if it determines that the substantial rights of any party may
have been prejudiced" because the decision is "
unsupported by substantial evidence, " or is "
arbitrary or capricious, an abuse of discretion, or otherwise
not in accordance with the law." G.L.c. 30A, §
14(7). Here, Scatto-Bobillier argues that the ...