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Doyle v. Department Of Industrial Accidents9/7/2000
ly 20, 1995, letter did not change her adverse suitability determination, which determination the commissioner then supported. Thus, although not afforded a hearing, Doyle, through the submission of documentary evidence, availed himself of the opportunity to correct OEVR's alleged misunderstanding of his undergraduate degree status. It was open to Doyle to challenge the commissioner's determination by bringing an action in the nature of certiorari. Doyle did not pursue this review in a timely manner and, accordingly, did not take full advantage of the procedural scheme provided him.That scheme requires action by a regional rehabilitation review officer (here, Rogg), provides for an appeal to the commissioner, and thereafter provides for limited judicial review. Such a procedural scheme satisfies the requirements of due process. See Bielawski v. Personnel Administrator of the Div. of Personnel Admn., 422 Mass. at 466.
The complaint was correctly dismissed.
Judgment affirmed.
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